(A) Required submittal of information.
(1) All industrial users shall file with the POTW wastewater information deemed necessary by the POTW for determination of compliance with this chapter, the POTW's NPDES permit, and state and federal law. The information shall be provided by completion of a questionnaire designed and supplied by the POTW and by supplements thereto as may be necessary. Information requested in the questionnaire and designated by the user as confidential is subject to the conditions of confidentiality as set forth in division (K) below.
(2) Where an industrial user owns, operates, or occupies properties at more than one location, separate information submittals shall be made for each location as may be required by the POTW.
(B) Provisions for monitoring.
(1) When required by the POTW, the user of any premises serviced by a building sewer carrying industrial wastewater discharges shall provide suitable access and the necessary meters, monitoring facilities, and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastewater. The access shall be in a readily and safely accessible location and shall be provided in accordance with plans approved by the POTW. The access, metering and monitoring facilities, and appurtenances shall be provided and maintained at the user’s expense so as to be safe and accessible at reasonable times.
(2) The POTW shall consider factors such as the volume and strength of discharge, rate of discharge, quantities of toxic materials in the discharge and wastewater treatment facility removal capabilities in determining whether or not access and equipment for monitoring industrial wastewater discharges shall be required.
(3) Where the POTW determines access and equipment for monitoring or measuring industrial wastewater discharges is not practicable, reliable, or cost-effective, the POTW may specify alternative methods of determining the characteristics of the wastewater discharge which will, in the POTW’s judgement, provide an equitable measurement of the characteristics.
(4) The type of equipment, methods, and frequency used for metering, sampling, and analysis shall be subject to the approval of the POTW. All monitoring and analytical instrumentation and related equipment shall be periodically calibrated and maintained by the user at intervals to ensure accuracy of measurements.
(5) When required by the POTW, any industrial user who discharges wastewaters subject to the requirements of this chapter, shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and the measurement of waste. The manholes, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the POTW. The manhole shall be installed and maintained by and at the expense of the industrial user.
(C) Determination of wastewater characteristics.
(1) Measurements, tests, and analyses of the wastewater characteristics shall be made in accordance with 40 C.F.R. pt. 136 and amendments thereto. Where 40 C.F.R. pt. 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator 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 Administrator.
(2) The tests as are herein specified shall be determined upon representative samples taken at the control manhole provided for in division (B)(5) above. In the event that no manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the sanitary sewer.
(3) Sampling methods, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval of the POTW. The user shall have the option to use, at his or her own expense, more complete sampling methods, locations, times, durations, and frequencies than specified by the POTW.
(4) Measurements, tests, and analyses of the characteristics of wastewater required by this chapter shall be performed by a qualified laboratory approved by the Village Director. When the analyses are required of a user, the user may make arrangements with the POTW, or any other qualified laboratory, including that of the user, to perform the analyses.
(5) Monitoring of wastewater characteristics necessary for determination of compliance with applicable pretreatment standards shall be conducted on the basis of a schedule established by E.P.A. unless more frequent monitoring is required by the Village Director. The POTW may, in its judgement, determine that the characteristics of the specific discharge warrant a more stringent frequency of monitoring and require additional monitoring and analysis in a permit to discharge.
(6) Upon demonstration by any user that the characteristics of the wastewater discharged by that user are consistent, the POTW may reduce the established monitoring frequency except in no case shall the frequency of monitoring be less than semi-annual for the determination of compliance with pretreatment standards.
(7) In determining discharge characteristics, factors such as continuous or batch, seasonal operation and the information or requirements of other provisions of this chapter shall be considered by the POTW. The POTW may obtain wastewater samples as required to verify the consistency of discharge characteristics.
(8) Fees for any given measurement, test, or analyses of wastewater required by this chapter and performed by the POTW shall be the same for all users, regardless of the quantity or quality of the discharge and shall reflect direct and indirect costs. Costs of analyses performed to determine compliance with pretreatment standards shall be borne directly by the user.
(9) Sampling for "daily average" or "daily maximum" shall be 24-hour flow proportioned composite samples except that a minimum of four grab samples shall be taken in lieu of a 24-hour flow proportioned composite sample for a single day for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. If it is not feasible to obtain a flow-proportioned composite sample, a time proportioned composite sample or a minimum of four grab samples may be used in lieu of the flow-proportioned sample if the user demonstrates to the Village Director that representative samples will be obtained.
(D) Self-monitoring.
(1) Any user who discharges wastewater subject to the requirements of this chapter may be required to provide self-monitoring for determination of continuing compliance. The frequency of monitoring, including sampling and reporting, shall be determined by the POTW and specified in a permit to discharge.
(2) The date when a sample is taken, start time, stop time, sample location, sampler programming information, and persons involved in the sampling shall be recorded by the user if the user is self-monitoring.
(3) Flow measurements shall be taken to record the daily discharge volume.
(4) All analytical results for each calendar month shall be submitted to the POTW by the fifteenth day of the following month.
(5) A user who is performing self-monitoring shall contract with an independent company to maintain, repair, and calibrate the sampling and flow measurement equipment and instruments used to monitor that user's discharge. The maintenance, repair, and calibration shall be performed as necessary so that monitoring data is accurate and representative, but in no case less frequently than twice in a calendar year at reasonable intervals. The village may inspect and test a user's monitoring equipment at reasonable times. The user shall maintain complete records of equipment maintenance.
(6) Users may request not to perform self-monitoring, in which case the village, at its discretion, may agree to obtain samples using composite flow proportioned sampling or may contract with an independent firm for the sampling. The user shall pay a sampling fee to the village to fully reimburse the village for the sampling, including administrative and overhead costs. If the village contracts with an independent firm for the sampling, the user shall fully reimburse the village for amounts paid by the village to the firm. It is the user’s sole responsibility to provide self-monitoring. The village will use its own discretion in determining whether or not to take on the burden of self-monitoring if requested.
(7) Samples shall be analyzed at the sole cost of the user. If a user does its own sampling or causes its samples to be taken, then the user shall submit the samples to a laboratory, which may be the user’s own laboratory, approved by the Village Director, for analysis. If the user utilizes its own laboratory, that user shall send a split sample to an independent laboratory, at a frequency determined by the POTW, as a quality control check. If a user does its own sampling and/or analyses, the village may also take and have analyzed up to four daily composites or up to four grab samples per day for four days at the sole cost of the user in any calendar month. If the village takes the samples, the village, at its sole discretion, may analyze the samples at its own laboratory or contract with an independent laboratory for the analyses.
(E) Reporting requirements.
(1) The POTW may require any industrial user to submit periodic reports which shall include information on the quality and quantity of wastewater and pollutants discharged to the POTW. The report shall include the volume of wastewater and concentration of pollutants, and be related to pretreatment standards as shall be required by the POTW. The names of all persons responsible for operating and maintaining any pretreatment equipment, pretreatment process, or responsible for wastewater management at the user’s facilities shall be listed in the report with a brief description of each person's duties. The POTW may also require additional information from the users as to materials or substances which may cause interference or pass-through.
(2) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision is made upon a category determination submission under R323.2311(2), whichever is later. Existing industrial users subject to the categorical pretreatment standards and currently discharging or scheduled to discharge to the POTW shall be required to submit a report to the POTW which contains the information listed in division (E)(4) below.
(3) At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the POTW a report which contains the information listed in divisions (E)(4)(a) through (E)(4)(e) below. New sources shall also be required to include in this report information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in divisions (E)(4)(d) and (e) below. Industrial users shall report any changes in the Baseline Monitoring Report to the POTW within 60 days.
(4) Informational requirements for submittal of required reports:
(a) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners;
(b) Permits. The user shall submit a list of any environmental permits held by the facility;
(c) Description. The user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by the industrial user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated process;
(d) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams as necessary to allow the use of the combined waste stream formula. The POTW may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;
(e) Measurement of pollutants. The user shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations and sampling shall be performed in accordance with division (C) above;
(f) Certification. The user shall submit a statement, reviewed by an authorized representative of the user, as defined in division (F) below 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 and/or additional pretreatment is required to meet applicable Pretreatment Standards and requirements; and
(g) Compliance schedule. If additional operation and maintenance or pretreatment will be required to meet Pretreatment Standards, the shortest feasible schedule by which the user will provide the pretreatment shall be developed and submitted to the POTW. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to the contents of the compliance schedule.
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.
2. No increment shall exceed nine months.
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including at a minimum whether or not it complied with the increment of progress and, if not, the date on which it expects to comply with this increment, the reason for delay, and the steps being taken by the user to return the construction to the established schedule. In no event shall more than nine months elapse between the progress reports to the POTW.
(5) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of new sources following the commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit a report containing the information described in divisions (E)(4)(d) through (E)(4)(f) above.
(6) Any user subject to categorical pretreatment standards, after the compliance date of the pretreatment standard, shall submit to the POTW during the months of June and December, unless required more frequently, a report indicating the nature and concentration of pollutants in the effluent. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period.
(7) All industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug discharges.
(8) Significant noncategorical industrial users shall submit to the POTW at least once every six months (on dates specified by the POTW) a description of the nature, concentration, and flow of the pollutants required to be reported by the POTW.
(9) The reports required in this section 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. All analysis shall be performed in accordance with division (C) above.
(10) If sampling performed by a 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 POTW within 30 days after becoming aware of the violation.
(11) The village shall notify the user that it is required to submit reports.
(12) Each user that has been notified of its obligation to submit reports shall file an initial report within 60 days from the date the notice is served upon the user.
(13) Each user, so notified by the Village Director may be required to file monthly reports by the fifteenth day of the month for the preceding month.
(14) If any user subject to categorical limits monitors, in accordance with approved methods, any pollutant more frequently than required by the POTW, the results of that monitoring shall be included in the periodic compliance reports.
(15) All users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in its discharge, including groundwaters purged for remedial action programs, groundwaters containing pollutants that infiltrate into the sewers, and the hazardous wastes for which the user has submitted initial notification in accordance with division (J) below.
(F) Signatory requirements. All reports required in this chapter shall be signed as follows:
(1) By a responsible corporate officer, if the user submitting the reports is a corporation. A responsible corporate officer means:
(a) 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 of the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(2) By a general partner or proprietor if the user submitting the reports is a partnership or sole proprietorship respectively;
(3) By a duly authorized representative of the individual designated in this section if:
(a) The authorization is made in writing by the individual described in divisions (F)(1) and (F)(2) above;
(b) The authorization specifies either an individual or position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of general manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the Village Director.
(4) If an authorization under division (F)(3) above 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 division (F)(3) above must be submitted to the Village Director prior to or together with any reports to be signed by an authorized representative; and
(5) The submission of any report(s) required under a permit to discharge or any provision of this chapter shall include the following certification statement as set forth in R323.2310(11): "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."
(G) Notice of exceedance. All users shall promptly notify the village, as soon as possible, of a discharge which exceeds a limit in this chapter.
(H) Notice of significant user status. All users shall notify the village of a change in discharge which may convert the user into a significant industrial user. Where a change in discharge may convert the user into a significant industrial user, the user shall promptly submit an application for a permit to discharge to the POTW.
(I) Emergency or accidental discharges. All users shall report to the POTW as soon as possible any discharges which are known to exceed the limits established by this chapter, in a permit to discharge, in any other special agreement, in a FCPS, or in any other applicable law or regulation.
(1) The notice shall be given in advance whenever possible and contain available information regarding the intended or accidental discharge, volume, duration, constituents, loading, and concentrations, and any other available information as may be necessary to determine the impact the discharge may have on the POTW.
(2) The following is the emergency contact point which may be used to convey the information:
(a) Normal office hours - Village Director; and
(b) After normal office hours - Village Police Department.
(J) Notification regarding wastes which are otherwise hazardous.
(1) Any user that discharges to the POTW any substance which, if disposed of other than by discharge to the POTW, would be a hazardous waste under 40 C.F.R. § 261 or under the rules promulgated under the Michigan Natural Resources and Environmental Protection Act, being Public Act 451 of 1994, M.C.L.A. §§ 324.1101 et seq.("Michigan Rules") shall notify the Village Director, the U.S.E.P.A. Region V Waste Management Division Director, and the Chief of the Waste Management Division of the MDNR of the discharge. The notice shall be given within 180 days after the discharge first occurs. The notice shall be in writing and shall include the name of the hazardous waste set forth in 40 C.F.R. § 261 or the state rules and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of the waste per calendar month to the POTW, the notice shall also contain the following information to the extent the information is known and readily available to the user:
(a) An identification of the hazardous constituents contained in the wastes;
(b) An estimation of the mass and concentration of the constituents in the discharge during that calendar month; and
(c) An estimation of the mass of constituents expected to be discharged during the following twelve months.
(2) Notification under this division (J) must be submitted once for each hazardous waste discharged. Notification under this division (J) is not required for pollutants already reported under self-monitoring by industrial users under FCPS reporting requirements. An industrial user is exempt from notification under this division (J) during a calendar month in which the user discharges no more than 15 kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). In the case of a new regulation which first regulates a substance as a hazardous waste after the effective date of this chapter, notification under this division (J) shall be made within 90 days of the effective date of the regulation. In any notice submitted under this division (J), the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree the user has determined to be economically practical.
(K) Confidentiality. The following confidentiality provisions shall apply.
(1) All information and data submitted to the POTW relating to matters regulated in this chapter are presumed not to be confidential. Information submitted by a user shall be clearly marked on each page as to the portion or portions considered by the user to be confidential and accompanied by a written explanation of why the user considers the information confidential. Mere marking of the page as “confidential” does not necessarily mean that the information on that page must be kept confidential.
(2) Information furnished to the POTW on the volume or characteristics of wastewater or pollutants discharged or proposed to be discharged into the POTW shall be available to the public or other governmental agency without restriction. When requested by the user furnishing information, the portions of the information submitted which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state disposal system permit, and/or pretreatment programs; provided, however, all the information shall be available for use by the state, and any state agency or the village in judicial review or enforcement proceedings involving the user furnishing the information. The village shall notify a user, who has requested and is entitled to confidentiality for information furnished by the user to the village, that the village has sent the confidential information to another governmental agency that has made a written request for it.
(3) Where a user has mass based limits as allowed by certain categorical pretreatment standards on a production basis, the production data necessary to determine compliance must also be provided by the user to the village, and be available to the public. Where application of the combined waste stream formula is necessary to apply categorical pretreatment standards to a user, the flow measurements and other data used in the calculation must be provided to the village, and be available to the public.
(4) Observations made by POTW inspectors are subject to the confidentiality provision of this section as if they were in writing if the user specifies in writing to the village the observations made by the POTW inspector for which the user seeks confidentiality.
(L) Records retention. Any nonresidential user subject to the sampling, analysis, or reporting requirements of this chapter, including reports under R323.2310, shall maintain copies of the reports and records pertaining to those reports. The reports and records shall be retained by the user, and by the village if the reports and records have been submitted to the village, for at least three years. This period shall be extended during the course of any unresolved litigation regarding the discharges of the user or the POTW pretreatment program or when requested by the Village Director, the State Director, or U.S.E.P.A. All nonresidential users who have records regarding their generation, treatment, storage, or disposal of hazardous waste or solid waste shall maintain the records for the period and make them available to the village for inspection and copying, subject to the provisions contained in division (K) above regarding confidential information. The terms HAZARDOUS WASTE and SOLID WASTE shall have the same definition as provided in the Michigan Natural Resources and Environmental Protection Act, being Public Act 451 of 1994, M.C.L.A. §§ 324.1101 et seq., as amended, and rules promulgated thereunder.
(Prior Code, § 542.09) Penalty, see § 10.99