(A) Baseline monitoring reports. (Note: Users that become subject to new or revised categorical pretreatment standards are required to comply with the following reporting requirements even if they have been designated as non-significant categorical industrial users.)
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. 403.6(a) (4), whichever is later, existing categorical industrial users discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in division (2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent, a report which contains information listed in division (2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
(a) All information required in § 51.31(E)(1)(a)1., (b), (c)1. and (f). (Note: See 40 C.F.R. 403.12(b)(1)-(7).)
(b) Measurement of pollutants.
1. The user shall provide the information required in § 51.31(E)(1)(g)1. through 4..
2. The user shall take a minimum of 1 representative sample to compile the data necessary to comply with the requirements of this paragraph.
3. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 C.F.R. 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternative concentration or mass limit has been calculated in accordance with 40 C.F.R. 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority.
4. Sampling and analysis shall be performed in accordance with division (J) of this section.
5. The Superintendent may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
6. 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.
(c) Compliance certification. A statement, reviewed by the user’s authorized representative as defined in § 51.21 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 (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(d) Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and O & M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in division (B) of this section.
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with division (N) of this section and signed by an authorized representative as defined in § 51.21.
(B) Compliance schedule progress report. The following conditions shall apply to the compliance schedule required by division (A)(2)(d) of this section:
(1) The schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed 9 months;
(3) The user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule; and
(4) In no event shall more than 9 months elapse between such progress reports to the Superintendent.
(C) Report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in § 51.31(E)(1)(f) and (g) and division (A) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 51.24 (see 40 C.F.R. 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. All compliance reports must be signed and certified in accordance with division (N) of this section. All sampling will be done in conformance with division (K) of this section.
(D) Periodic compliance reports. Note: All SIUs are required to submit periodic compliance reports even if they have been designated a non-significant categorical industrial user under the provisions of division (D)(3) of this section. The Superintendent may request chain-of-custody forms with monitoring data.
(1) Except as specified in division (D)(3) of this section, all significant industrial users must, at a frequency determined by the Superintendent, but in no case less than twice per year (in July and January), submit reports indicating the nature and concentration of pollutants in the discharge and which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user. (Note: Required streamlining rule change.)
(2) (The following provision may only be included if authorized under state law. Criteria for monitoring waivers must also include any criteria defined in applicable state law requirements.) The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated 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 and without any increase in the pollutant due to activities of the industrial user (see 40 C.F.R. 403.12(e)(2)). This authorization is subject to the following conditions:
(a) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(b) The monitoring waiver is only effective for the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See § 51.31(E)(1)(h).
(c) In making a presentation that a pollutant is not present, the industrial user must provide data from at least 1 sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(d) The request for a monitoring waiver must be signed in accordance with § 51.21, and include the certification statement in division (N)(1) of this section, 40 C.F.R. 403.6(a)(2)(ii).
(e) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 C.F.R. Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(f) Any grant of the monitoring waiver by the Superintendent may be included as a condition of the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Superintendent for 3 years after expiration of the waiver.
(g) Upon approval of the monitoring waiver and revision of the user’s permit by the Superintendent, the industrial user must certify on each report with the statement in division (N)(3) of this section, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(h) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately: Comply with the monitoring requirements of division (D)(1) of this section, or other more frequent monitoring requirements imposed by the Superintendent, and notify the Superintendent.
(i) This provision does not supercede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standards.
(3) (a) The city may reduce the requirement for periodic compliance reports (see division (D)(1) of this section (40 C.F.R. 403.12(e)(1))) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standards or by the USEPA or IEPA, where the industrial user’s total categorical wastewater flow does not exceed any of the following:
1. 0.01% of the POTW’s design dry-weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches.
2. 0.01% of the design dry-weather organic treatment capacity of the POTW.
3. 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 51.26.
(b) Reduced reporting is not available to industrial users that have in the last 2 years been in significant noncompliance, as defined in § 51.36. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(4) All periodic compliance reports must be signed and certified in accordance with division (N)(1) of this section.
(5) All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure for a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (Required streamlining rule change).
(6) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, using the procedures prescribed in division (K) of this section and results of this monitoring shall be included in the report. (Note: see 40 C.F.R. 403.12(g)(6)).
(7) Users that send electronic (digital) documents to the city to satisfy the requirements of this section must satisfy the requirements of 40 C.F.R. Part 3 related to electronic reporting.
(E) Report of changed conditions. Each user must notify the Superintendent of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(1) The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 51.31(E) of this section.
(3) No industrial user shall implement the planned changed conditions until and unless the Superintendent has responded to the user’s notice.
(4) For purposes of this requirement, flow increases of 10% or greater and the discharge of any previously unreported pollutants, shall be deemed significant.
(F) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
(2) Within 5 days following such discharge, the user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed pursuant to this subchapter. Failure to notify the city of potential problem discharges shall be deemed a separate violation of this subchapter.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place, advising employees who to call in the event of a discharge described in division (1) above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.
(4) Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge. (Note: Required streamlining rule change.)
(G) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the Superintendent of the Wastewater Plant as the Superintendent may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Superintendent 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. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user. (Note: Required streamlining rule change needed if POTW performs sampling in lieu of the industrial users. If the city performed the sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. See 40 C.F.R. 403.12(g)(2).)
(I) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste numbers, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under division (E) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of divisions (A), (C) and (D) of this section.
(2) Dischargers are exempt from the requirements of division (A) of this section during a calendar month in which they discharge 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). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 261.33(e), requires a 1-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the 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.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this subchapter, a permit issued thereunder, or any applicable federal or state law.
(J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by the EPA.
(K) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. (Note: The control authority is required to indicate the frequency of monitoring necessary to assess and assure compliance by the user with applicable pretreatment standards and requirements.) Chain-of-custody forms shall be used for all sampling work that is used to generate pretreatment program reporting. (Note: In the streamlining rule changes, divisions (1) and (2) below have been deleted from 40 C.F.R. 403.12(b)(5) and added to 403.12(g)(3). The original paragraphs relate to categorical industrial user monitoring reports only while all of the following paragraphs in this section apply to all SIU monitoring.)
(1) Except as indicated in division (K)(2) and (3) of this section, the user must collect wastewater samples using 24-hour flow-proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by the Superintendent, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Superintendent, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. (Note: Required streamlining rule change. See 40 C.F.R. 403.12(g)(3)).
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in divisions (A) and (C) of this section (40 C.F.R. 403.12(b) and (d)), a minimum of 4 grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by division (D) of this section (40 C.F.R. 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by the applicable pretreatment standards and requirements. (Note: Required streamlining rule changes, see 40 C.F.R. 403.12(g)(4).) The Superintendent may use grab sample to determine noncompliance with pretreatment standards.
(L) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(M) Recordkeeping. Users subject to the reporting requirements of this subchapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this subchapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 51.26(C). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) 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 3 years. Records related to sludge generation and disposal shall be kept for 5 years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the Superintendent. (Note: The recordkeeping requirements for BMPs are a required streamlining rule change.)
(N) Certification statements. (Note: 40 C.F.R. 403.12(1) requires that the certification that follows be provided for IU Baseline Monitoring Reports (BMRs)(403.12(d), CIU Periodic Reports on Continued Compliance (403.12(e)) and the initial request from CIUs to forego monitoring for pollutants not present. In addition to CIUs, the model ordinance requires this certification statement for all wastewater discharge permit applications and user reports. Furthermore, the POTW should require this certification statement for all noncategorical SIU compliance reports.)
(1) Certification of permit applications, user reports and initial monitoring waiver.
(a) The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 51.31(G); users submitting baseline monitoring reports under division (A)(2)(e) of this section (Note: See 40 C.F.R. 403.12(1)); users submitting reports on compliance with categorical pretreatment standard deadlines under division (C) of this section (Note: See Section 40 C.F.R. 403.12(d)); users submitting periodic compliance reports required by division (D) of this section (Note: See 40 C.F.R. 403.12(e) and (h)), and users submitting an initial request to forego sampling of a pollutant on the basis of division (D)(1) through (4) of this section (Note: See 40 C.F.R. 403.12(e)92)(iii)). The following certification statement must be signed by an authorized representative as defined in § 51.21:
“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.”
(b) Additional certification concerning the use and disposal of total toxic organic compounds shall be included with routine data submittals and shall include the following certification statement:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the wastewater has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the solvent management plan submitted to the control authority.”
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the Superintendent pursuant to § 51.21 and § 51.31(G)(3) (Note: See 40 C.F.R. 403.3(v)(2)) must annually submit the following certification statement signed in accordance with the signatory requirements in § 51.21 (Note: See 40 C.F.R. 403.120(1)). This certification must accompany an alternative report required by the Superintendent):
“Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 C.F.R. 403, I certify that, to the best of my knowledge and belief that during the period from , to , [month, days, year]:
(a) The facility described as , [facility name] met the definition of a Non-Significant Categorical Industrial User as described in § 51.21; [Note: See 40 C.F.R. 403.3(v)(2)].
(b) The facility complied with all applicable Pretreatment Standards and Requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total Categorical wastewater on any given day during this reporting period.
This certification is based on the following information.
(3) Certification of pollutants not present. Users that have an approved monitoring waiver based on division (D) of this section must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. (Note: See 40 C.F.R. 403.12(e)(2)(v)).
“Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 C.F.R. 403, I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under division (D) of thi section”
(Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)