(A) As part of this chapter the City shall enforce this ordinance and all federal pretreatment standards including but not limited to categorical pretreatment standards upon industrial users within its service area or within the service area of any contract customers.
(B) Categorical industrial users must comply with all applicable categorical pretreatment standards. All categorical pretreatment standards, as found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated by reference into this chapter, as if fully set forth herein.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or concentration of a pollutant in wastewater, the City may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6.
(2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the City may convert the limits to equivalent limitations expressed as either mass of pollutant discharged per day or effluent concentration for purposes of calculating limitations applicable to individual industrial users in accordance with 40 CFR 403.6.
(3) When wastewater subject to categorical pretreatment standards is mixed with wastewater not regulated by the same standard, the City shall impose an alternate limit in accordance with 40 CFR 403.6.
(C) 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 Superintendent a report which contains the information listed below. At least 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 Superintendent a report which contains the information listed below. 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) Categorical industrial users described above shall submit the information set forth below.
(a) Identifying information.
1. The name and address of the facility, including the name of the operator and owner.
2. Contact information, description of activities, facilities, and plant production processes on the premises.
(b) Environmental permits. A list of any environmental control permits held by or for the facility.
(c) Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
(d) Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
(e) Number and type of employees, hours of operation, and proposed or actual hours of operation.
(f) Type and amount of raw materials processed (average and maximum per day).
(g) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
(h) Time and duration of discharges.
(i) The location for monitoring all wastes covered by the permit.
(j) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(k) Measurement of pollutants.
(l) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
(m) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process.
1. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR 136. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable standards to determine compliance with the standard.
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.
4. Sampling and analysis shall be performed in accordance with 40 CFR 136.
(n) The Superintendent 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.
(o) 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.
(p) Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 51.001 and certified 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 to 20meet the pretreatment standards and requirements.
(q) 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.
(r) Signature and report certification. All baseline monitoring reports must be certified in accordance with this chapter and signed by an authorized representative as defined in § 51.001.
(D) Compliance schedule progress reports. The following conditions shall apply to any compliance schedule required by this chapter.
(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 months;
(3) The user shall submit a progress report to the Superintendent no later than 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 months elapse between such progress reports to [the Superintendent].
(E) Reports on compliance with categorical pretreatment standard deadline. Within 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 Superintendent a report containing the information described in this chapter. For users subject to equivalent mass or concentration limits established 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 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 4with of this chapter. All sampling will be done in conformance with 40 CFR 136.
(F) Periodic compliance reports.
(1) All significant industrial users must, at a frequency determined by the Superintendent submit no less than twice per year (June and December) 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 Superintendent or the pretreatment standard necessary to determine the compliance status of the user.
(2) 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 Superintendent, using the procedures prescribed in this chapter, the results of this monitoring shall be included in the report. [Note: See 40 CFR 403.12(g)(6)].
(G) Reports of changed conditions. Each user must notify the Superintendent of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(1) The Superintendent 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.
(2) The Superintendent may issue an individual wastewater discharge permit under this ordinance or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
(H) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Superintendent as the Superintendent may require.
(I) Notice of violation/repeat sampling and reporting.
(1) If sampling performed by a user indicates a violation, the user must notify the Superintendent within 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 Superintendent within 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.
(2) If the City performed the sampling and analysis in lieu of the industrial user, the City will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. See 40 CFR 403.12(g)(2).
(J) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, 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 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this chapter. 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 this chapter.
(2) Dischargers are exempt from the requirements of division (1) above, during a calendar month in which they discharge no more than 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 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 Fisting any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within 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 chapter, a permit issued thereunder, or any applicable federal or state law.
(K) 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 13other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by EPA.
(L) Certification statements. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with this chapter; users submitting baseline monitoring reports [Note: See 40 CFR 403.120]; users submitting reports on compliance with the categorical pretreatment standard deadlines ; and users submitting periodic compliance reports. The following certification statement must be signed by an authorized representative as defined in § 51.001:
"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."
(Ord. G-5-18, passed 3-13-18)