(a) Within 180 days after the effective date of a Federal Categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such Categorical Pretreatment Standards and currently discharging or scheduled to discharge shall be required to submit to the City a report which contains the information provided in paragraphs (a)(1) to (7) hereof. Where reports containing this information already have been submitted to the approval authority in compliance with the requirement of 40 CFR 128.140(b) (1977), the industrial user will not be required to submit this information again. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable Categorical Standard, shall be required to submit to the City a report which contains the information provided in paragraphs (a)(1) to (5) hereof. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable Pretreatment Standards. New sources shall give estimates of the information requested in paragraphs (a)(4) and (5) hereof.
(1) The user shall submit the name and address of the facility, including the name of the operator and owners.
(2) The user shall submit a list of any environmental control permits held by or for the facility.
(3) The user shall submit a brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge from the regulated processes.
(4) The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, from each of the following:
A. Regulated process streams; and
B. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e). The City may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) The user shall identify the Pretreatment Standards applicable to each regulated process. In addition:
A. The user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by a standard or the City) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
B. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic. For all other pollutants, composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The City may waive flow-proportional composite sampling for any industrial user who or which demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
C. The user shall take a minimum of one representative sample using grab and composite samples, to compile that data necessary to comply with the requirements of this paragraph.
D. Samples shall be taken immediately downstream from pretreatment facilities, if such pretreatment exists, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternative concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit, along with supporting data, shall be submitted to the City.
E. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the approval authority determines that the sampling and analytical techniques of 40 CFR, Part 136, are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other parties, approved by the approval authority.
F. The City may allow the submission of a baseline report which utilizes only historical data, as long as the data provides information sufficient to determine the need for industrial pretreatment measures. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges.
(6) The user shall submit a statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the industrial user to meet the Pretreatment Standards and requirements.
(7) If additional pretreatment and/or O & M will be required to meet the Pretreatment Standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
A. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13), at the time the user submits the report required by subsection (a) hereof, the information required by paragraphs (a)(6) and (7) hereof shall pertain to the modified limits.
B. If the Categorical Pretreatment Standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13), after the user submits the report required by subsection (a) hereof, any necessary amendments to the information required as provided in paragraphs (a)(6) and (7) hereof shall be submitted by the user to the City within sixty days after the modified limit is approved.
(b) Within ninety days following the date for final compliance with applicable Categorical Pretreatment Standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to Pretreatment Standards and requirements shall submit to the City a report containing the information described in paragraphs (a)(4) to (6) hereof. For industrial users subject to equivalent mass or concentration limits established by the City in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of productions (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
(c) Any industrial user subject to a Categorical Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City during the months of March, June, September and December, unless required more frequently in a Pretreatment Standard or by the City or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Categorical Pretreatment Standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in paragraph (a)(4) hereof, except that the City may require more detailed reporting of flows. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the City may agree to alter the months during which the above reports are to be submitted.
(1) For industrial users subject to mass limitations established by Categorical Pretreatment Standards, the report required by this subsection shall indicate the mass of pollutants regulated by Pretreatment Standards in the discharge from the industrial user.
(2) For industrial users subject to equivalent mass or concentration limits established by the City in accordance with the procedures in 40 CFR 403.6(c), the report required by this subsection shall contain a reasonable measure of the user's long- term production rate. For all other industrial users subject to Categorical Pretreatment Standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by this subsection shall include the user's actual average production rate for the reporting period.
(d) Any user subject to a general discharge prohibition, as set forth in Section 932.03, or a specific pollutant limitation, as set forth in Section 932.04, shall submit a report indicating the concentration of the pollutants in the effluent which are limited in the wastewater discharge permit issued to such user. The report shall state whether the applicable standards are being met on a consistent basis and, if not, what maintenance and/or pretreatment will be required to bring the user into compliance. The user shall also include a schedule of compliance. The permit shall stipulate the pollutants required to be analyzed, the frequency of sampling, the type of sample and the schedule for report submittal.
(e) Any noncategorical significant industrial user subject to a general discharge prohibition, as set forth in Section 932.03, or a specific pollutant limitation, as set forth in Section 932.04, shall submit a report indicating the concentration of pollutants in the effluent which are limited in the wastewater discharge permit issued to such user. The report shall state whether the applicable standards are being met on a consistent basis and, if not, what maintenance and/or pretreatment will be required to bring the user into compliance. The user shall also include a schedule of compliance. The permit shall stipulate the pollutants required to be analyzed, the frequency of sampling, the type of sample and the schedule for report submittal.
(f) The report shall be in the format prescribed by the City. The frequency of monitoring by the user shall be as prescribed in applicable Federal Categorical Pretreatment Standards or at additional intervals determined to be necessary by the City. The City may require the installation of special sampling devices, which may include a continuous sampling pump coupled to a flow meter in such a way that the size of the sample is proportional to the total flow. The user shall be responsible for the collection and testing of such samples. A copy of the results of tests performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136 shall be attached to the report form prepared by the City and forwarded directly to the Superintendent of the Wastewater Pollution Control Plant of the City. Samples shall be collected in such a manner as to be representative of the composition of the wastes. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the sample was taken.
(g) The reports required by this chapter shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports required by subsections (a), (b), (c) and (d) hereof is a corporation. For the purpose of this paragraph, a "responsible corporate officer" means:
A. A president, secretary, treasurer or vice-president of a corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
B. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports required by subsections (a), (b), (c) and (d) hereof is a partnership or sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in paragraph (g)(1) or (g)(2) hereof if:
A. The authorization is made in writing by the individual described in paragraph (g)(1) or (g)(2) hereof;
B. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
C. The written authorization is submitted to the City.
(4) If an authorization under paragraph (g)(3) hereof is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (g)(3) hereof must be submitted to the City prior to or together with any reports to be signed by an authorized representative.
(h) All industrial users shall promptly notify the POTW at least twenty-four hours in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(i) The plant shall be notified immediately of any slug release, unusual increase in discharge or unusual increase in discharge released by the user as soon as the discharge occurs or is anticipated to occur.
(Ord. 93-293. Passed 12-20-93; Ord. 2018-80. Passed 5-21-18.)