A. Baseline Monitoring Report:
1. Industrial users subject to permitting of national categorical pretreatment standards shall submit a baseline monitoring report to the village in a form as prescribed and furnished by the village.
2. Within one hundred eighty (180) days after the effective date of a national categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made upon a categorical determination submission in accordance with 40 CFR section 403.6(a)(4), whichever is later, industrial users which are existing sources subject to such national categorical pretreatment standards and currently discharging to the POTW shall submit a properly completed baseline monitoring report.
3. New sources, that are significant industrial users subsequent to the promulgation of an applicable categorical standard, shall submit a baseline monitoring report at least ninety (90) days prior to commencement of discharge to the POTW, in a form as prescribed by the village. New sources are also required to include information on pretreatment methods they intend to use, and provide data on production, flow and amounts of regulated pollutants.
4. In support of the baseline monitoring report, the industrial user shall submit, in units and terms specified in the application, the following information:
a. Name and address of the facility including the name of the operator and owners.
b. List of any environmental control permits held by or for the facility.
c. Brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classification (SIC) code of the operation(s) carried out by such user. This description shall include a schematic diagram indicating points of discharge to the POTW from the regulated processes.
d. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(1) Regulated process streams, and
(2) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR section 403.6(e).
e. The industrial user shall identify the national categorical pretreatment standards applicable to each regulated process and shall:
(1) Submit the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the pretreatment coordinator of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires a best management practice or pollution prevention alternative, the user shall submit documentation as required by the pretreatment coordinator or the applicable standard to determine compliance with the standard.
(2) Grab samples must be used for temperature, pH, total phenol, oil and grease, sulfide, cyanide and volatile organics. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional sampling. The control authority may waive flow proportional sampling for any industrial user who demonstrates that flow proportional sampling is infeasible. In such cases samples may be obtained through time proportional sampling (generally a sample every 15 minutes) with a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(3) Sampling and analysis shall be performed in accordance with section 7-3A-26D.
(4) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection A4e.
(5) 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 waste stream formula of 40 CFR section 403.6(e) in order to evaluate compliance with the pretreatment standards. Where alternate concentration of mass limit has been calculated in accordance with 40 CFR section 403.6(e), this adjusted limit along with supporting data shall be submitted to the village.
(6) The pretreatment coordinator may allow the submission of a baseline monitoring report which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(7) Provide for each report the time, date, and place, of sampling and methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
f. The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified to be a qualified professional, indicating whether national categorical pretreatment standards are being met on a consistent basis and, if not, whether additional operations and maintenance (O&M) measures or additional pretreatment is required for the industrial user to meet the national categorical pretreatment standards.
g. If additional pretreatment or O&M will be required to meet national categorical pretreatment standards, the industrial user will provide the shortest possible schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standards.
(1) Where the industrial user's national categorical pretreatment standards have been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula (40 CFR 403.6(e)), or net/gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline monitoring report the information required in subsection A4f of this section and this subsection A4g shall pertain to the modified limits.
(2) If the national categorical pretreatment standard for the industrial user is modified after the baseline monitoring report is submitted, the industrial user shall make any necessary amendments to information provided as a response to subsection A4f of this section and this subsection A4g, and submit them to the village within sixty (60) days after the modified limit is approved.
h. Documentation that best management practices (BMPs) have been implemented.
i. All baseline monitoring reports must be signed and certified in accordance with subsection 7-3A-23C of this article.
j. Compliance Schedule Progress Report: The following conditions shall apply to any schedule submitted in response to subsection A4g of this section:
(1) The schedule shall contain increments of progress 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 applicable national categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(2) No increment referred to in subsection A4i(1) of this section shall exceed nine (9) months.
(3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the village including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such reports to the village.
k. Such other information as may be necessary, may be reasonably requested by the pretreatment coordinator.
B. Compliance Data Report: Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the village a report indicating new production, flow and pollutant data and the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements, and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards. Also SIUs subject to production based standards shall submit production data and IUs subject to equivalent limits shall submit long term production rate data. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional user O&M or pretreatment techniques or installations are necessary to bring the user into compliance with the applicable pretreatment standards and requirements. This report shall be signed and certified in accordance with subsection 7-3A-23C of this article.
C. Periodic Compliance Reports:
1. Any user subject to national 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 village once every six (6) months by July 31 and January 31 for the previous six (6) month period, unless required more frequently in the pretreatment standards or by the director or by permit, a periodic compliance report indicating the nature and concentration, of pollutants in the effluent which are limited by such standards or by permit. In addition, results of additional monitoring beyond the minimum required shall be included in this report. This periodic compliance report shall include a record of daily average and daily maximum flows for the reporting period At the discretion of the director or the pretreatment coordinator, and in consideration of such factors as local high or low flow rates, holiday, budget cycles, etc., the months the periodic compliance reports are due may be altered. Sampling and analysis shall be a representative sample during normal operation for the reporting period and performed in accordance with 40 CFR 136. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the pretreatment coordinator or the pretreatment standard necessary to determine the compliance status of the user.
2. In such cases where the village has imposed mass limitations, the periodic compliance report shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
3. For industrial users subject to equivalent mass or concentration limits established by the village in accordance with 40 CFR 403.6(c), the periodic compliance report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to national categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit production (or other measure of operation), the periodic compliance report shall include the industrial user's actual average production rate for the reporting period.
4. The pretreatment coordinator shall require appropriate reporting from those industrial users with discharges that are not subject to national categorical pretreatment standards. These significant noncategorical industrial users shall submit to the village every six (6) months, on dates specified by the village a periodic compliance report. The report shall contain a description of the nature, concentration, and flow of pollutants required to be reported by the control authority. These reports shall be based on sampling and analysis performed during the period covering the report, and performed in accordance with the techniques specified in 40 CFR part 136. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the pretreatment coordinator or the pretreatment standard necessary to determine the compliance status of the user.
5. All periodic compliance reports must be signed and certified in accordance with subsection 7-3A-23C of this article.
6. Categorical Monitoring Waivers:
a. Authority: Pursuant to 40 CFR 403.12(e)(2)(v) and (vi), the village 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 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 user. This waiver is not available to users whose concentration standards are derived from mass standards or production based standards. This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharge from the facility provided that the sanitary wastewater is not regulated by an applicable categorical pretreatment standard and otherwise includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.
(3) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
b. Application Requirements:
(1) In making a demonstration that pollutant is not present, the 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.
(2) The request for a monitoring waiver must be signed in accordance with and include the certification statement in section 7-3A-23C.
(3) 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 detection level for that pollutant was used in the analysis.
c. Documentation And Record Retention For CIU Monitoring Waivers: Any grant of the monitoring waiver by the pretreatment coordinator must be included as a condition of 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 pretreatment coordinator for three (3) years after expiration of the waiver. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
d. Reporting Requirements: Upon approval of a monitoring waiver for pollutants found to be not present and revision of the user's permit by the pretreatment coordinator, the user must certify on each periodic report with the statement section 7-3A-23C, that there has been no increase in the pollutant in its wastestream due to activities of the user with the following statement:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR ____ (specify applicable national categorical pretreatment standard part(s)), I certify that, to the best of my knowledge and belief, there has been no increase in the level of the ___________ (list the categorically regulated pollutant(s)) in the wastewaters due to the activities at the facility since filing of the last periodic report."
7. Non-significant categorical industrial users as defined in section 7-3-1 shall, at a frequency determined by the pretreatment coordinator but no less frequently than annually (on dates specified by the village) submit a report which contains the certification statement contained below.
"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 by section 7-3-1;
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:
“
The report is required to be signed by an authorized representative of the user.
D. Hazardous Waste Notification:
1. Any IU, except as specified in subsection E of this section, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR 261, shall notify the village, the EPA regional waste management division director, and state hazardous waste authorities in writing of such discharge.
2. All hazardous waste notifications shall include:
a. The name of the hazardous waste as set forth in 40 CFR 261.
b. The EPA hazardous waste number.
c. The type of discharge (batch, continuous, or other).
d. A certification that the user 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.
3. In addition to the hazardous waste notification described above, IUs discharging more than one hundred (100) kilograms of hazardous waste per calendar month to the POTW shall report to the village to the extent such information is known and readily available to the user, the following:
a. An identification of the hazardous constituents contained in the waste.
b. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month.
c. An estimation of the mass and concentration of such constituents in the waste stream to be discharged during the following twelve (12) calendar months.
4. Hazardous waste notification must take place no later than one hundred eighty (180) days from the discharge of such wastes. Any notification under this provision needs to be submitted only once for each hazardous waste discharge. Modifications or changed discharge notifications must still be submitted under subsection 7-3A-18D4 of this article. This 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 sections 7-3A-25A and 7-3A-25C1.
5. IUs are exempt from the hazardous waste notification requirement during a calendar month in which they discharge fifteen (15) kilograms or less of nonacute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a onetime notification.
6. 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 pretreatment coordinator, the EPA regional waste management division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
7. 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.
8. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.
E. Notice Of Changed Discharge: All industrial users shall promptly notify the pretreatment coordinator 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) or subsection D of this section.
1. The pretreatment coordinator 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 7-3A-23 of this article.
2. The pretreatment coordinator may issue a wastewater discharge permit under section 7-3A-23 of this article or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
3. For purposes of this requirement, substantial changes include, but are not limited to, flow increases of twenty percent (20%) or greater, the addition or deletion of a shift, the discharge of any previously unreported pollutants including changes to the listed or characteristic hazardous wastes for which the user has submitted initial notification under section 7-3A-25D, introduction of a pollutant for which a monitoring waiver has been obtained, the addition of a new process regardless of waste discharge loads or lack of discharge, shutdown of a process, or addition or deletion of a product.
F. Notice Of Violation/Repeat Sampling And Reporting: If sampling performed by an industrial user indicates a violation, the user shall notify the control authority 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 control authority within thirty (30) days after becoming aware of the violation. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2011-18, 6-28-2011; Ord. 2015-08, 1-27-2015; Ord. 2021-08, 4-27-2021)