(A) Compliance schedule reports (non-categorical industries). Any non-categorical industry which is not in compliance with the city’s Sanitary District ordinance limitations may be required to develop a compliance schedule after which time the industry must meet the city’s Sanitary District standards. The schedule should contain increments of progress (hiring engineers, starting construction and the like), which correspond to specific dates for their completion. These represent major events leading to the operation of pretreatment equipment to meet the city’s Sanitary District pretreatment standards. All industrial users subject to these conditions must submit a progress report to the city’s Sanitary District no later than 14 days following each date in the compliance schedule. This report must include whether it complied with the increment of progress to be met on that date, the reason for delay if the date was not met and the steps being taken to return to compliance. In no event can more than 9 months lapse between progress reports.
(B) Self-monitoring reports.
(1) All industrial users shall submit self- monitoring reports to the District on the report forms supplied by the District to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. These reports will contain a description of the nature, concentration and flow of the pollutants required to be reported by the user’s permit. Reports shall be based on sampling and analysis performed in the period covered by the report, and, performed in accordance with the techniques described in Title 40 C.F.R. part 136. Reports will normally be required on a monthly basis, unless specified otherwise in the user’s permit conditions. The District should receive these reports no later than 30 days after the end of the monitoring period.
(2) In accordance with Title 40 C.F.R. § 403.12(g)(2), if sampling by an industrial user indicates a violation, the industrial user, upon becoming aware of the violation, must notify the District within 24 hours, then repeat sampling and analysis and submit the results within 30 days except under certain conditions (listed below).
(3) An industrial user is not required to resample if:
(a) The District performs sampling at the industrial user at a frequency of at least once per month; or,
(b) The District performs sampling at the industrial user between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling.
(C) Baseline monitoring report, Title 40 C.F.R. § 403.12(b).
(1) Existing sources. Within 180 days after the effective date of a Categorical Pretreatment Standard, or 180 days after the final administrative decision made on a category, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall submit to the District Baseline Report containing the information listed in Title 40 C.F.R. § 403.12(b)(1) through (7).
(2) New sources. At least 90 days prior to commencement of discharge, new sources, the sources that became industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the District a report which contains the information listed in Title 40 C.F.R. § 403.12(b)(1) through (5). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in Title 40 C.F.R. § 403.12(b)(4) and (5).
(3) Provision. Upon promulgation of a Categorical Pretreatment Standard, the Control Authority (either state or POTW) will provide the appropriate 12(b) form for distribution to the industrial users who are affected by the promulgation standard. The industrial users shall then be required to submit the completed report to the state and POTW.
(D) Compliance schedule reports (categorical industries).
(1) Industrial users shall comply with the compliance schedule reporting conditions required in Title 40 C.F.R. § 403.12(b)(7). This schedule shall be submitted whenever an industrial user is not meeting categorical pretreatment standards at the time of promulgation of that standard.
(2) The schedule contains increments of progress (i.e., hiring an engineer, completing plans, commencing construction and the like) which correspond to specific dates for their completion. These represent major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standard. A compliance schedule can not extend beyond statutory deadlines established by a categorical standard. Failure to meet these deadlines will be dealt with through the enforcement process.
(3) All industrial users subject to these conditions must submit a progress report to the District no later than 14 days following each date in the compliance schedule, including the final date for compliance. This report must include, at a minimum, whether or not it complied with the increment of progress to be set on that date and, if not, the date on which it expects to comply, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event can more than 9 months elapse between the progress reports.
(E) Compliance data report, Title 40 C.F.R. § 403.12(d). Within 90 days following the date for final compliance with applicable pretreatment standards, whether local, state or federal 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 be required to submit to the pretreatment coordinator a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment, if any, is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user.
(F) Periodic compliance reports, Title 40 C.F.R. § 403.12(e).
(1) (a) Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of new source, and any non-major contributors, after the commencement of the discharge into the POTW shall be required to submit to the pretreatment coordinator during the months of June and December, unless required more frequently by the pretreatment coordinator, a report indicating the nature and concentration of pollutants in the effluents which are limited. In addition, this report shall include a record of all daily flows which during the reporting period exceeded any maximum daily flow required under paragraph 503.
(b) Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility constraints justify, the Pretreatment Coordinator may accept reports of average and maximum flows estimated by verifiable techniques.
(c) At the discretion of the pretreatment coordinator and in consideration of the factors as local high or low flow rates, holidays, budget cycles and the like, the pretreatment coordinator may agree to alter the months during which the above reports are to be submitted.
(2) (a) Reports of permittees shall contain the results of sampling and analysis of discharge, including the flow and the nature and concentration or production and mass where requested by the pretreatment coordinator of pollutants contained therein which are limited. The pretreatment coordinator may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements if necessary to meet the objective of this chapter. In such cases, the report required by division (F)(1) of this section shall indicate the mass of pollutants in the effluent of the user.
(b) All analysis shall be performed in accordance with procedures established by the Administrator pursuant to § 304 (g) of the Act and contained in Title 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
(G) Certification requirements for industrial user reports. All applications, reports or information required by this chapter shall include the following certification statement: “I have personally examined and am familiar with the information submitted in this document and all attachments, and I hereby certify, under penalty of law, that this information was 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 enquiry of the person or 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.” and, shall be signed as follows:
(1) If the industrial user is a corporation, by a President, Vice-President, Treasurer, or Secretary, who is in charge of a principal business function, or any other person who performs similar policy or decision-making functions:
(2) By a general partner or proprietor, if the industrial user is a partnership; or,
(3) By a duly authorized representative of the industrial user.
(Comment: Where Title 40 C.F.R. part 136 does not include a sampling of analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publications "Sampling and Analysis Procedures for Screenings of Industrial Effluents for Priority Pollutants", April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
(Prior Code, § 51.069) (Ord. 7650, passed 2-14-1994) Penalty, see § 51.999