(A) Baseline report. Within 180 days after the effective date of a categorical pretreatment standard or 180 days after a final administrative decision made upon a category determination under the Act, whichever is latter, existing industrial users shall submit to the Superintendent a report indicating the following:
(1) The name and address of all operators and owners;
(2) A list of all environmental control permits held by the facility;
(3) A brief description of the process, including the standard industrial classification, information on the nature and average rate of production, and a schematic showing points of discharge to the POTW;
(4) Information on the average daily and maximum daily flow rate in gallons per day for each process;
(5) The identity of each pretreatment standard applicable to each regulated process;
(6) (a) Sampling and analysis results identifying the nature and concentration (or mass where required by the standard or Superintendent) of regulated pollutants and the discharge from each regulated process. Both daily maximum and average concentration (or mass where required) shall be submitted. Samples shall be representative of daily operations.
(b) A minimum of four grab samples must be taken for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques, where feasible. The Superintendent may waive flow proportional composite sampling for any industrial user who demonstrates that flow proportional sampling is not feasible.
(c) In such incidents, samples may be obtained through time proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. The user shall take a minimum of one representative sample to comply the data necessary to comply with the requirements of this division (A)(6).
(d) Samples should be taken immediately downstream from the pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment facilities exist. 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.
(7) A statement as to whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment 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, and certified to by a qualified professional; and
(8) In the case of a new source or a source that becomes an industrial user subsequent to promulgation of an applicable categorical standard, at least 90 days prior to discharging to the POTW, the user will submit a report to the Superintendent containing the information listed in divisions (A)(1) through (A)(7) above. New sources shall provide estimates for the information requested in divisions (A)(4) through (A)(6) above. New sources shall include in this report information on the method of pretreatment the source intends to use to meet the pretreatment standard(s).
(B) Compliance with pretreatment standard deadline. Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of a new source, the commencement of introduction of wastewater into the POTW, any user subject to categorical pretreatment standards and requirements shall submit to the Superintendent a report containing the information contained in division (A)(1) through (A)(7) above.
(C) Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards.
(2) All reports submitted shall:
(a) Include a record of all daily flows, which during the reporting period, exceeded the average daily flow reported in division (C)(2)(d) below. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.
(b) Be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, and be representative of conditions during the reporting period. The Superintendent shall require that frequency of monitoring necessary to assess and ensure compliance by industrial users with applicable pretreatment standards and requirements.
(c) If the Superintendent has imposed mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate, in such cases, any report required by this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass when requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. pt. 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.
(d) If the industrial users is subject to equivalent mass or concentration limits established by the Superintendent, the report required in this section shall contain a reasonable measure of the users long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by this section shall include the users actual average production rate for the reporting period.
(D) Reporting requirements for industrial users not subject to categorical pretreatment standards. Every June and December, industrial users with discharges not subject to categorical pretreatment standards shall submit to the Superintendent a report which includes a description of the nature, concentration, and flow of the pollutants required to be reported to the Superintendent. This report shall be based on sampling and analysis performed in the preceding six months. In the event the POTW collects all the information required for the report itself, a non-categorical significant industrial user will not be required to submit the report.
(E) Sampling and analysis.
(1) Reports required under this section shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production in mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. All sampling analysis required in preparation of all the report in this chapter shall be conducted in accordance with the techniques described in 40 C.F.R. pt. 136 and amendments thereto.
(2) Where 40 C.F.R. pt. 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 C.F.R. pt. 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the EPA.
(F) Sampling by POTW. Sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance report required under division (I) below, nor submit the certification required under division (C) above. In addition, where the POTW itself collects all the information required for a report, including flow data, the industrial user will not be required to submit the report.
(G) Reporting of additional monitoring. If an industrial user monitors any pollutant more frequently than required by the Superintendent, results of the additional monitoring information shall be included in the applicable report.
(H) Notification of violation.
(1) If the sampling performed by the industrial user indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation.
(2) The industrial user is not required to resample if the POTW performs sampling, at the industrial user at a frequency of at least once per month, or at the user between time when the user performs its initial sampling and at the time when the user receives the results of the repeat sampling.
(I) Certification of signatures.
(1) Any report required to be submitted to the Superintendent, under this chapter shall include the following certification signed by the appropriate signature:
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 manages 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 |
(2) An appropriate signature is any of the following:
(a) A responsible corporate officer if the industrial user submitting the report is a corporation. For the purpose of this chapter 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 who performs similar policy or decision making functions for the corporation;
(b) If the industrial user is a partnership or a sole proprietorship, the reports are required to be signed by a general partner or a proprietor respectively; and
(c) By a duly authorized representative of the individual designated in divisions (I)(2)(a) above if:
1. Authorization is made in writing by the individual described in divisions (I)(2)(a) above;
2. The authorization specifies either an individual or a position having the responsibility for the overall operation of the facility from which the industrial discharge originates such as a plant Manager, operator of a well, or a well field Superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the Superintendent. If the authorization under this division (I)(2) 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 above requirements must be submitted to the Superintendent prior to or together with any reports to be signed by the authorized representative.
(J) Record maintenance.
(1) Any industrial user subject to the recording requirements established by this chapter shall maintain records of all information resulting from any monitoring activities required by this chapter.
(2) Such records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(b) The dates the analysis were performed;
(c) Who performed the analysis;
(d) The analytical techniques/method used; and
(e) The results of such analysis.
(K) Record retention.
(1) (a) Any industrial user subject to recording requirements established under this chapter shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the EPA, MDNR, or village officials.
(b) The period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the EPA or MDNR.
(2) (a) Any reports submitted by an industrial user shall be retained by the POTW for a minimum of three years and the POTW shall make such reports available for inspection and copying by the EPA, MDNR, and village officials.
(b) The period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the POTW pretreatment program or when requested by the EPA or MDNR.
(1984 Code. § 7-01-03-120) (Ord. 227, passed 1-26-1993)