(a) Baseline Monitoring Reports.
(1) Within either 180 days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Utility Manager a report which contains the information listed in subsection (a)(2) hereof. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Utility Manager a report which contains the information listed in subsection (a)(2) hereof. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
B. Measurement of pollutants.
2. The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
3. Samples should be taken immediately downstream from pretreatment facilities if such exist 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 should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate 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 Control Authority;
5. The Utility Manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
6. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
C. Compliance certification. A statement, reviewed by the User's Authorized Representative as defined in Section 923.01(e)(2)C. and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.
D. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in subsection (b) hereof.
E. Signature and report certification. All baseline monitoring reports must be certified in accordance with subsection (n)(1) hereof and signed by an Authorized Representative as defined in Section 923.01(e)(2)C.
(b) Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by subsection (a)(2)D. hereof:
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The User shall submit a progress report to the Utility Manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and
(4) In no event shall more than nine (9) months elapse between such progress reports to the Utility Manager.
(c) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) 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 User subject to such Pretreatment Standards and Requirements shall submit to the Utility Manager a report containing the information described in Sections 923.04(e)(1)F. and G. and 923.06(a)(2)B. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 923.02(b), this report shall contain a reasonable measure of the User's long term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection (n)(1) hereof. All sampling will be done in conformance with subsections (j) and (k) hereof.
(d) Periodic Compliance Reports.
(1) All Users must, at a frequency determined by the Utility Manager submit no less than twice per year (June and December, or on the dates specified), reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Utility Manager or the Pretreatment Standard necessary to determine the compliance status of the User
(2) The City may authorize an Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User. (see 40 CFR 403.12(e)(2)) This authorization is subject to the following conditions:
A. The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
B. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 923.04(e)(1)H.
C. In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
D. The request for a monitoring waiver must be signed in accordance with Section 923.01(e)(2)C., and include the certification statement in subsection (n)(1) hereof (40 CFR 403.6(a)(2)(ii)).
E. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
F. Any grant of the monitoring waiver by the Utility Manager must be included as a condition in the User's permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Utility Manager for 3 years after expiration of the waiver.
G. Upon approval of the monitoring waiver and revision of the User's permit by the Utility Manager, the Industrial User must certify on each report with the statement in subsection (n)(3), that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User.
H. In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the User's operations, the User must immediately: Comply with the monitoring requirements of subsection (d)(1) hereof, or other more frequent monitoring requirements imposed by the Utility Manager, and notify the Utility Manager.
I. This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
(3) All periodic compliance reports must be signed and certified in accordance with subsection (n)(1) hereof.
(4) All wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge.
(5) If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Utility Manager, using the procedures prescribed in subsection (j) and (k) hereof, the results of this monitoring shall be included in the report.
(6) Users that send electronic (digital) documents to the City to satisfy the requirements of this Section must comply with the provisions of West Va. Code 39A-3-1 et seq., the Digital Signature State Electronic Records Transaction Act, and the rules and regulations promulgated by the Secretary of State of West Virginia thereunder.
(e) Reports of Changed Conditions. Each User must notify the Utility Manager of any significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.
(1) The Utility Manager may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 923.04(e).
(f) Reports of Potential Problems, Accidental Discharges, Notice to Employees.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the Utility Manager and the POTW treatment plant Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
(2) Within five (5) days following such discharge, the User shall, unless waived by the Utility Manager, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this article.
(3) A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (f)(1) hereof. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4) Significant Industrial Users are required to notify the Utility Manager immediately of any changes at its facility affecting the potential for a Slug Discharge.
(g) Reports from Unpermitted Users.
All Users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Utility Manager as he may require.
(h) Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a User indicates a violation, the User must notify the Utility Manager within twenty four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Utility Manager within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the City performs sampling at the User's facility at least once a month, or if the City performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the Industrial User.
(i) Notification of the Discharge of Hazardous Waste.
(1) Any User who commences the discharge of hazardous waste shall notify the Utility Manager, the POTW treatment plant Superintendent, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the User discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) hereof. The notification requirement in this Section does not apply to pollutants already reported by Users subject to categorical Pretreatment Standards under the self monitoring requirements of subsections (a), (c) and (d) hereof.
(2) Dischargers are exempt from the requirements of subsection (i)(1) hereof, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User must notify the Utility Manager, the POTW treatment plant Superintendent, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(4) In the case of any notification made under this Section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Article, a permit issued hereunder, or any applicable Federal or State law.
(j) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Utility Manager or other parties approved by EPA.
(k) Sample Collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) Except as indicated in subsections (k)(2) and (3) hereof, the User must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Utility Manager. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90 day compliance reports required in subsections (a) and (c) hereof (40 CFR 403.12(b) and (d)), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Utility Manager may authorize a lower minimum. For the reports required by subsection (d) hereof (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.
(l) Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(m) Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 923.02(c)(6). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Utility Manager.
(n) Certification Statements.
(1) Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 923.04(g); Users submitting baseline monitoring reports under subsection (a)(2)E.; Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under subsection (c) hereof; Users submitting periodic compliance reports required by subsection (d)(1) to (4) hereof; and Users submitting an initial request to forego sampling of a pollutant on the basis of subsection (d)(2)D. hereof. The following certification statement must be signed by an Authorized Representative as defined in Section 923.01(e)(2)C.
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a Non Significant Categorical Industrial User by the Utility Manager pursuant to Section 923.01(e)(2)VV.3. and 923.04(f)(3) must annually submit the following certification statement signed in accordance with the signatory requirements in Section 923.01(e)(2)C. This certification must accompany an alternative report required by the Utility Manager:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:
A. The facility described as ____________________(facility name) met the definition of a Non Significant Categorical Industrial User as described in Section 923.01(e)(2)VV.3.;
B. The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
C. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
________________________________________________
________________________________________________
(3) Certification of pollutants not present. Users that have an approved monitoring waiver based on subsection (d)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the User.
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ (specify applicable National Pretreatment Standard part(s)), I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ (list pollutant(s)) in the wastewaters due to the activities at the facility since filing of the last periodic report under subsection (d)(1) hereof.
(Ord. 1509. Passed 11-23-10.)