(a) Discharge Reports.
(1) Baseline Monitoring Report. Within 180 days after the effective date of a categorical pretreatment standard, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the City a Baseline Monitoring Report (BMR), which contains the information listed below on a form provided by the City.
New sources and sources that become industrial users after promulgation of an applicable categorical standard, shall be required to submit to the City the BMR which contains the information listed below at least ninety days (90) prior to commencement of discharge.
A. Users described above shall submit the information set forth below.
B. Measurement of pollutants.
ii. The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
iii. 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;
iv. The Director 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;
v. 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 921.01
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 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.
(2) Ninety-Day Compliance Report. 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, Citycontaining the information described in 921.14
(a)(6) and 921.13
(a)(1)B. All compliance reports must be certified in accordance with 921.13
(a(8) and signed by an Authorized Representative as defined in Section 921.01
.
(3) Periodic Compliance Reports: Any user subject to a pretreatment standard or requirement shall periodically submit to the Director a report indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards or requirements and the estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP), the user must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User. Such reports shall be submitted according to the frequency prescribed in the industrial user's wastewater discharge permit.
A. The Director 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. [40 CFR 403.12(e)(2)] This authorization is subject to the following conditions:
i. 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.
ii. 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.
iii. 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.
v. 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.
vi. Any grant of the monitoring waiver by the Director 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 Director for 3 years after expiration of the waiver.
vii. Upon approval of the monitoring waiver and revision of the User's permit by the Director, the Industrial User must certify on each report with the statement 921.13
(a)(9) below, that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User.
viii. 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, or other more frequent monitoring requirements imposed by the Director, and notify the Director.
ix. This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
(4) If sampling performed by an industrial user indicates a violation, the user shall notify the Director within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. The industrial user is not required to resample if:
A. The Director, or its authorized representative, samples the wastewater discharge of the industrial user at least once per month, or
B. The Director, or its authorized representative, performs sampling at the industrial user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(5) The reports required by this section of this chapter shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period.
(6) If an industrial user monitors any pollutant more frequently than required by the City, the results of this monitoring shall be included in the periodic discharge monitoring report.
(7) All sampling and analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto.
(8) The reports required by this section shall be signed by:
A. A responsible corporate officer of the industrial user submitting the reports is a corporation. A responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of principal business function, or any other person who performs similar policy or decision making functions for the corporation or the manager of one or more manufacturing, production, or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
B. By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship;
C. By a duly authorized representative of the individuals described in paragraphs A. and B. above.
(9) Certification: All reports and applications required to be filed under this section shall be signed under the following certification statement:
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.
(b) City Records and Monitoring.
(1) All industrial users shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of an industrial user in connection with its discharge. All records which pertain to materials which are subject to administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(2) Such records shall be made available upon request by the City. A summary of such data indicating the industrial user's compliance with this chapter shall be prepared quarterly by the City and submitted to the Subdistrict.
(3) The owner or operator of any premises or facility discharging industrial wastes into the system may be required to install at his or her own cost and expense suitable facilities to obtain accurate samples of wastewater flow into the POTW. Such facilities shall be maintained in proper working order and kept safe at all times.
(4) When more than one user can discharge into a common sewer, the City may require installation of separate monitoring facilities for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the City may require that separate monitoring facilities be installed for each separate discharge.
(5) Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with City requirements and all applicable construction standards and specifications.
(c) Confidential Information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 16-12. Passed 5-16-16.)