A. Final Compliance Report (Initial Compliance Report):
1. Within ninety (90) days following the date for final compliance of an existing significant industrial user with applicable pretreatment standards and requirements set forth in this chapter, in Federal categorical standards, or in a wastewater discharge permit, or, in the case of a new source or a new user considered by the City to fit the definition of SIU, within ninety (90) days following commencement of the introduction of wastewater into the City of Hayden WWCS and/or POTW, the affected user shall submit to the City a report containing the information outlined in subsections 8-4-4D4 through D6 of this chapter.
2. For users subject to equivalent mass or concentration limits established by the City in accordance with procedures established in 40 CFR section 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.
B. Periodic Compliance Report:
1. Any user that is required to have an industrial waste discharge permit and performs self-monitoring shall submit to the City during the months of June and December, unless required on other dates or more frequently by the City, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year.
2. The report shall include a record of the concentrations (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations and shall also include any additional information required by this chapter or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the City or by this chapter, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.
3. Any user subject to equivalent mass or concentration limits established by the City or by unit production limits specified in the applicable categorical standards, shall report production data as outlined in subsection A2 of this section.
4. If the City calculated limits to factor out dilution flows or nonregulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.
5. Flows shall be reported on the basis of actual measurement; provided, however, that the City may accept reports of average and maximum flows estimated by verifiable techniques if the City determines that an actual measurement is not feasible.
6. Discharges sampled shall be representative of the user's daily operations and samples shall be taken in accordance with the requirements specified in section 8-4-6 of this chapter.
7. The City may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.
8. The City may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the City agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the City for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The City is under no obligation to perform periodic compliance monitoring for a user.
C. Compliance Schedules For Meeting Applicable Pretreatment Standards:
1. The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
2. No increment referred to in subsection C1 of this section shall exceed nine (9) months.
3. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the City including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports.
D. Notification Of Significant Production Changes: Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the City within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit.
E. Hazardous Waste Notification:
1. Any user that is discharging more than fifteen kilograms (15 kg) of hazardous wastes as defined in 40 CFR section 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR sections 261.30(d) and 261.33(e) is required to provide a one time notification in writing to the City, to the EPA region 10 Office of Waste and Chemicals Management Director, and to the State of Idaho Division of Environmental Quality. Any existing user exempt from this notification shall comply with the requirements contained herein within thirty (30) days of becoming aware of a discharge of fifteen kilograms (15 kg) of hazardous wastes in a calendar month or any discharge of acutely hazardous wastes to the City sewer system. Such notification shall include:
a. The name of the hazardous waste as set forth in 40 CFR part 261;
b. The EPA hazardous waste number; and
c. The type of discharge (continuous, batch or other).
2. If an industrial user discharges more than one hundred kilograms (100 kg) of such waste per calendar per month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:
a. An identification of the hazardous constituents contained in the wastes;
b. An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month; and
c. An estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve (12) months.
3. These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.
4. Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the City of the discharge of such a substance within ninety (90) days of the effective date of such regulations.
5. In the case of any notification made under this subsection, an industrial 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.
F. Notice Of Potential Problems, Including Accidental Spills, Slug Loads: Any user shall notify the City immediately of all discharges that could cause problems to the City of Hayden WWCS and/or POTW, including any slug loads, as defined in section 8-1-2 of this title. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a slug load of pollutants shall be liable for any expense, loss or damage to the City of Hayden WWCS and/or POTW, in addition to the amount of any fines imposed on the City under State or Federal law.
G. Noncompliance Reporting: If sampling performed by a user indicates a violation, the user shall notify the City and HARSB within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling within five (5) days and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation; except, the user is not required to resample if:
1. The City performs sampling at the user at a frequency of at least once per month; or
2. The City performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
H. Notification Of Changed Discharge: All users shall promptly notify the City in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications and/or the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR section 403.12(p).
I. Reports From Unpermitted Users: All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the Superintendent may require.
J. Record Keeping: Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user, City of Hayden WWCS and/or POTW, or where the user has been specifically notified of a longer retention period by the Superintendent. (Ord. 276, 11-10-1998; amd. Ord. 596, 5-24-2019)