§ 52.38 SIGNIFICANT INDUSTRIAL USER.
   (A)   A significant industrial user shall be defined in § 52.31 of this subchapter. Any change in the definition of a significant industrial user as a result of promulgations in response to Section 307 of the Federal Water Pollution Control Act, or other applicable law, shall immediately become a part of this subchapter.
   (B)   All significant industrial users, categorical industrial users and other industrial users as deemed necessary by the district, shall file to the district quarterly reports or on dates specified in the industrial user permit, unless required more frequently by the permit, a report indicating, at a minimum, the nature and concentration of pollutants in the effluent which are limited by pretreatment standards or the discharge permit. The report shall also include the chain-of-custody (COC) forms, field data and any other information required by the district. In addition, this report shall include a record of all daily flows or the average daily flow. At the discretion of the district and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the district may agree to alter the months during which the above reports are to be submitted. All periodic compliance reports must be signed and certified in accordance with 40 C.F.R § 403.12 and this subchapter.
   (C)   (1)   The significant industrial users shall employ such methods and procedures for sampling, preparing of records and reports, and using and maintaining monitoring equipment as required by the district. Test procedures shall be set forth in 40 C.F.R. § 136.3, and other applicable federal regulations. 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 of 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. All analyses shall be performed by a laboratory acceptable to the district. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to Section 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto and 40 C.F.R. part 261 or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator. Except as indicated in subsections (a) and (b) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the district. Where time-proportional composite sampling or grab sampling is authorized by the district, 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 or in the field; for volatile organics and oil and grease, 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 district, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
         (a)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
         (b)    For sampling required in support of baseline monitoring and 90-day compliance reports required in 40 C.F.R. § 403.12(b) and (d), a minimum of four 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 district may authorize a lower minimum.
      (2)   For the reports required by 40 C.F.R. § 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA Administrator.
   (D)   (1)   If sampling methods and laboratory procedures by and for the industrial user fail to provide the information required, and further provided that the district:
         (a)   Has good reason to believe that the industrial user is in noncompliance with all or part of its permit; or
         (b)   Believes the industrial user be causing excessive maintenance with transmission facilities or upsets of the biological treatment processes.
      (2)   The district shall first notify in writing the offending or noncomplying user and shall give such user a reasonable time in which to take such remedial action deemed necessary by the district; and if the user fails to do so, then the district shall follow the enforcement actions as provided for in this subchapter and the district’s enforcement response plan. The district shall be authorized to obtain the services of outside specialists, consultants or laboratory services to sample and/or analyze the sewage discharge by the industry. The cost of these services shall be at the expense of the industry.
   (E)   All significant industrial users must report all self-monitoring results that the user has obtained whether requested or not. The user may not change any monitoring points prior to approval in writing by the district.
   (F)   All significant industrial users (SIU) must notify the district immediately of any slug loading or hazardous waste discharge by the industrial user. Upon notification of such slug, the district may within seven days notify the industrial user of the requirements of a slug control plan. The required plan will contain the elements as follows, along with other requirements as necessary by the district.
      (1)   Description of discharge practices;
      (2)   Description of stored chemicals;
      (3)   Procedures for notification of the POTW; and
      (4)   Prevention procedures for spills.
(Ord. 01-07.28.16, passed 7-28-2016)