(a) Except as specified in subsection (b) hereof, all significant industrial users must, at a frequency determined by the Superintendent submit no less than twice per year (June and December or on 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 Superintendent or the pretreatment standard necessary to determine the compliance status of the user.
(b) Monitoring Waivers. The City may authorize, at its discretion, an industrial user subject to a categorical pretreatment standard, except for centralized waste treatment facilities regulated by and defined in 40 C.F.R. 437, to forego sampling of a pollutant regulated by a categorical pretreatment standard.
(1) Monitoring waivers do not apply to pollutants where there are certification processes and requirements established by the City or by categorical pretreatment standards (e.g. TOMP/certification alternative to total toxic organics monitoring) unless allowed for by the applicable categorical pretreatment standard.
(2) If a waived pollutant is found to be present or is expected to be present based on changes that occur in the IU's operations, the user shall be required to immediately notify the control authority in writing and start monitoring that pollutant at the frequency specified in the POTW's pretreatment program.
(3) The monitoring waiver applies only to IU self-monitoring and does not remove the POTW's obligations for IU monitoring for that parameter.
However, the waiver can be extended to POTW monitoring done to satisfy IU self-monitoring.
(4) In making its request for a pollutant monitoring exemption, the industrial user must demonstrate 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.
(5) 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 wastewater from all processes.
(6) Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method from 40 C.F.R. 136 with the lowest method detection limit for that pollutant was used.
(7) Waivers are valid only for the duration of the effective period of the IU's control mechanism but in no case longer than five years. The IU must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
(8) The request for a monitoring waiver shall be signed by an authorized representative of the IU in accordance with paragraph (F) of rule 3745-3-06 of the Administrative Code, and it must include the certification statement in 40 C.F.R. 403.6(a)(2)(ii). This is the standard "I certify under penalty of law" statement.
(9) The control authority shall include any monitoring waiver as a condition in the IU's control mechanism. This simply means that the control mechanism needs to acknowledge that a waiver has been granted for a pollutant or pollutants and provide a general justification for the waiver.
(10) The supporting reason(s) for a monitoring waiver and the information submitted by the user in its request for the waiver shall be maintained in the IU's file by the control authority for three years after expiration of the waiver.
(11) In order to implement a monitoring waiver, the POTW must submit a modification request to Ohio EPA along with the affected program elements that correctly implement the changes. This is considered a substantial program modification.
(12) Upon approval of the monitoring waiver and revision of the IU's control mechanism by the control authority, the IU shall certify on each self-monitoring report with the following statement:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list of pollutant or pollutants] in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Administrative Code."
(c) All periodic compliance reports must be signed and certified in accordance with Section 1043.0697(a).
(d) 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.
(e) 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 Section 1043.068, the results of this monitoring shall be included in the report.
(Ord. 3153. Passed 1-12-15.)