(a) The Service Director may require industrial users to submit periodic discharge reports, including, but not limited to: questionnaires, technical reports, sampling reports, test analyses, reports of wastewater discharge, baseline reports, compliance schedules, compliance progress reports, compliance date reports, final compliance reports, self-monitoring reports, new source reports, semi-annual reports, BMP compliance reports, and slug load reports. The specific requirement criteria for the Baseline Monitoring Report are given in 931.07(b)(1-8) and 931.08(j). The specific requirement criteria for the Initial Compliance Reports are given in 931.07(b)(3, 5, 8) and 931.08(j).
(Ord. 7662-09. Passed 8-27-09; Ord. 7968-14. Passed 7-28-14.)
(1) When a report filed by an industrial user pursuant to this section is not adequate in the judgment of the Service Director, he may require the user to supply such additional information as is necessary.
(2) Any change in the industrial process which will have a significant effect on the volume or characteristics of the wastewater discharge, including any changes affecting the potential for a slug discharge, shall require prior notification of at least 30 days and approval of the Service Director.
(3) As a minimum, the Service Director may require industrial users having an average monthly water use greater than 500 cubic feet to complete and file an industrial wastewater survey form. Any industrial user, as defined herein, shall be required to file and submit periodic reports on the characteristics and volume of their discharge as required by the Federal and State EPA. If there has been no change in the volume or characteristics of the wastewater, the form may be filed indicating no change.
(4) At least once during the duration of the permit, or within one year of being identified as a significant industrial user, the Service Director will review the permittee's need for a slug control plan.
(b) Industrial Users are required to maintain plant records relating to wastewater discharge as specified by the Service Director, and afford the Service Director access to these records immediately when so requested by the Service Director during normal business hours. Records shall be retained for at least three years.
(c) All Industrial Users shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. Grab samples are required for pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. Multiple grab samples collected during a twenty-four hour period for hexavalent chromium, cyanide, total phenols, and sulfides may be composited in the laboratory or in the field. Multiple grab samples collected during a twenty-four hour period for volatile organics and oil and grease may be composited in the laboratory. All other pollutants are to be measured by flow proportioned samples unless justification for an alternate sampling type, representative of the discharge, is documented by the industrial user. Protocols specified in 40 CFR 136 and relevant USEPA Guidance, including appropriate preservation, must be followed. If an industrial user must follow a BMP rather than a concentration limit, the user must submit documentation indicating compliance with the BMP. The frequency of monitoring and reporting shall be as prescribed in the Industrial User's Wastewater Discharge Permit.
(1) If sampling performed by any Industrial User indicates a violation, the User shall notify the City within twenty-four hours of becoming aware of the violation. The User shall repeat the sampling and analysis and submit the results within thirty days after becoming aware of the violation. Results of sampling above the minimum required shall also be reported if analysis were conducted according to methodology in Section 931.08(g).
(d) Each industrial user subject to Categorical Pretreatment Standards must submit a compliance date report within ninety days following the date for final compliance with applicable categorical pretreatment standards, or if a new source, following commencement of the introduction of wastewater into the City wastewater system. Each compliance date report must indicate the nature and concentration of all pollutants in the discharge from regulated processes which are limited by pretreatment standards and requirements and the average maximum daily flow for these regulated processes and any other requirements as provided in 40 CFR 403.13(d).
(e) At the discretion of the Service Director and with the exception of Centralized Waste Treatment facilities regulated by and defined in 40 CFR 437, the City may allow industrial users subject to categorical pretreatment standards to forgo sampling of a regulated pollutant. The following conditions apply.
(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 and certification in lieu of total toxic organics monitoring) unless allowed for by the applicable standard.
(2) If a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user's operations, the user is required to immediately notify the City in writing and start monitoring that pollutant at the specified frequency.
(3) The monitoring waiver only applies to an industrial user's self-monitoring. The City will still sample a user as is necessary.
(4) In making a 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 without increase in the pollutant due to activities of the user. In making a demonstration that a 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 wastewater from all processes. 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 CFR 136 with the lowest method detection limit for that pollutant was used.
(5) Waivers are valid only for the duration of the effective period of the industrial user's permit but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
(6) The request for a monitoring waiver shall be signed by an authorized representative of the industrial user in accordance with paragraph (F) of rule 3745-3-06 of the Administrative Code, and it must include the certification statement in 40 CFR 403.6(a)(2)(ii). This is the standard "I certify under penalty of law" statement.
(7) If a monitoring waiver has been granted for a pollutant or pollutants, the details of the waiver and its justification will be included in the industrial user's permit. The supporting reason(s) for the waiver and the information submitted by the user in its request for the waiver will be maintained in the City's user file for at least three years after its expiration.
(8) Upon approval of the monitoring waiver and revision of the industrial user's permit, the user 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 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 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."
(f) Permitted Industrial Users shall install a suitable control manhole(s), together with necessary samplers, meters, recorders and other appurtenances to adequately sample and measure the waste discharge. Other industrial users shall install suitable control manholes together with necessary samplers, meters, records and other appurtenances to adequately sample and measure the waste discharge when required by the Service Director.
(1) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by the user at his expense. In no case shall the control manhole be in precast manhole sections smaller than four feet in diameter. Access shall not be less than two feet in diameter.
(2) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the Service Director.
(3) Such manhole shall be accessible and safely located; and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be in safe condition, accessible, and in proper operating condition at all times. Plans for the installation of control manholes shall be approved by the City of Girard Water Pollution Control Facility prior to the beginning of construction. Once approval is received, the user has ninety calendar day in which installation is to be completed.
(g) If sampling performed by the City indicates a violation, the City will either perform a repeat sampling and analysis within thirty days of becoming aware of the violation, or will notify the industrial user and require the user to perform the repeat sampling and analysis.
(h) The Service Director may require the industrial user to supply information on wastewater flow and characteristics. This information shall be of a type specified by the Service Director and may require disclosure on the nature of the industrial process. Any monitoring performed by an Industrial User beyond that required by the Service Director must be included in the periodic reports required by the Service Director. The Service Director may require an industrial user to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary.
(i) Wastewater analysis shall conform to the most recent edition of the Federal EPA Regulations on Test Procedures for the Analysis of Pollutants, which shall be available from the Service Director. However, alternative methods for certain analysis of pollutants may be used subject to mutual agreement between the Service Director and the industrial user. The user shall pay the costs incurred in the sampling and analysis program, including control manholes.
(j) All required reports shall contain 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."
(k) All reports required herein shall be signed as follows:
(1) By a responsible corporate officer if the Industrial User submitting the reports required herein is a corporation. For the purpose of this paragraph, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or a manager that is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations. The manager must also be responsible for ensuring that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements. The manager's authority must have been assigned or delegated in accordance with corporate procedures.
(2) By a general partner or proprietor if the Industrial User submitting the required reports is a partnership or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in paragraph (k)(1) or (k)(2) of this section if: the authorization is made in writing by the individual described in paragraph (k)(l) or (k)(2); the authorization specified either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and the written authorization is submitted to the Service Director.
(4) If an authorization under paragraph (k)(3) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (k)(3) of this section must be submitted to the Service Director prior to or together with any reports to be signed by an authorized representative.
(l) All industrial users shall notify the Service Director at least 30 days in advance of any substantial changes 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) and any changes affecting the potential for slug discharges.
(Ord. 7662-09. Passed 8-27-09.)