(A) Reporting requirements for industrial users subject to categorical pretreatment standards.
1. Base line monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6(a), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the city a report which contains the information listed in subsections (A)1.(a) through (A)1.(g) of this section. If reports containing this information already have been submitted to the RWQCB or the regional administrator in compliance with the requirement of 40 C.F.R. § 128.140(b), the industrial user shall not be required to submit this information again. However, the industrial user shall provide the city with a copy of such report along with written verification from the RWQCB that such report items have been received by the RWQCB. 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 city a report which contains the information listed in subsections (A)1.(a) through (A)1.(e) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of anticipated flow and quantity of pollutants to be discharged.
(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 control permits held by or for the facility.
(c) Description of operations. 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 such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(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 each of the following:
(1) Regulated process streams; and
(2) Other streams as necessary to allow use of the combined waste stream formula of 40 C.F.R. § 403.6(e) (see subsection (A)1.(e) of this section). The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(e) Measurement of pollutants.
(1) The user shall identify the pretreatment standards applicable to each regulated process.
(2) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
(3) A minimum of four grab samples must be used 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 Director of Public Works may waive flow proportional composite sampling for any industrial user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates and the Director of Public Works agrees that this will provide a representative sample of the effluent being discharged.
(4) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection (A).
(5) 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 waste stream formula of 40 C.F.R. § 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate 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 city.
(6) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the regional administrator determines that the 40 C.F.R. part 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 city or other parties, approved by the regional administrator.
(7) The Director of Public Works may allow the submission of a base line report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(8) The base line 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.
(f) Certification. The user shall submit a statement, reviewed by an authorized representative of the industrial user and certified to 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 for the industrial user to meet the pretreatment standards and requirements.
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(1) Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) at the time the user submits the report required by subsection (A) of this section, the information required by subsections (A)1.(f) and (A)1.(g) of this section shall pertain to the modified limits.
(2) If the categorical pretreatment standards are modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) after the user submits the report required by subsection (A) of this section, any necessary amendment to the information requested by subsections (A)1.(f) and (A)1.(g) of this section shall be submitted by the user to the city within 60 days after the modified limit is approved.
(h) Base line monitoring reports. All base line monitoring reports must be signed and certified in accordance with § 9-6-17(B)2. of this chapter.
2. Compliance schedule progress reports. The following conditions apply to the compliance schedule required by subsection (A)1.(g) of this section:
(a) 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).
(b) No increment referred to above shall exceed nine months.
(c) The user shall submit a progress report to the Director of Public Works 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 user to return the established schedule; and
(d) In no event shall more than nine months elapse between such progress reports to the Director of Public Works.
3. Report on compliance with categorical pretreatment standard deadline.
(a) 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 industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (A)1.(d) through (A)1.(f) of this section.
(b) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate.
(c) For all other industrial 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.
(d) All compliance reports must be signed and certified in accordance with § 9-6-17(B)2. of this chapter.
4. Periodic reports on continued compliance.
(a) Any industrial user subject to a categorical 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 Director of Public Works during the months of June and December of each year, unless required more frequently in the pretreatment standard or by the city or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in subsection (A)1.(d) of this section except that the city may require more detailed reporting of flows. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Director of Public Works may agree to alter the months during which the above reports are to be submitted.
(b) Where the city has imposed mass limitations on industrial users as provided for by 40 C.F.R. § 403.6(d), the report required by subsection (A)3.(a) of this section shall indicate the mass of pollutants by pretreatment standards in the discharge from the industrial user.
(c) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 C.F.R. § 403.6(c), the report required by subsection (A)3.(a) of this section shall contain a reasonable measure of the user’s 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 subsection (A)3.(a) of this section shall include the user’s actual average production rate for the reporting period.
(d) All compliance reports must be signed and certified in accordance with § 9-6-17(B)2 of this chapter.
(B) Reporting requirements for significant industrial users not subject to categorical pretreatment standards.
1. The Director of Public Works shall require appropriate periodic reporting from those significant industrial users that are not subject to categorical pretreatment standards at least once every six months (on dates specified by the Director of Public Works). Such periodic reporting shall include a description of the nature, concentration and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with § 9-6-18(B) and (C) of this chapter.
2. This sampling and analysis may be performed by the city in lieu of the significant noncategorical industrial user. Where the POTW itself collects all the information required for the report, the noncategorical SIU will not be required to submit the report.
(C) Notice of violation; resampling requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within two 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 city within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
1. The city performs sampling at the industrial user’s facility at a frequency of at least once per month; or
2. The city performs sampling at the industrial user’s facility between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling.
(D) Notice of potential problems, including slug discharge. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause operational problems or damage to the POTW, the industrial user shall notify the POTW immediately by telephone, followed with a written notification. Said written notification identifying the reasons for the discharge and the procedures taken or to be taken to eliminate the discharge and eliminate the chance of any reoccurrence thereof, shall be submitted to the city within five days of the occurrence.
(E) Report of changed conditions. Each user must notify the city of any planned significant changes to the user’s operations or systems which might alter the nature, quality, or volume of its wastewater, at least 90 days before the change. The user may be required to submit an industrial wastewater discharge permit application, or an application for an amended permit, in accordance with § 9-6-16 of this chapter.
(F) Notice of discharge of hazardous wastes.
1. Every industrial user shall notify the city, 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, or Cal. Code of Regulations Title 22. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than ten kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information:
(a) An identification of the hazardous constituents contained in the wastes;
(b) An estimation of the mass and concentration of such constituents contained in the wastes;
(c) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and
(d) (1) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place within ten days after the discharge commences. Any notification under this subsection (F) need be submitted only once for each hazardous waste discharged.
(2) However, notifications of changed discharges must be submitted under subsection (E) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 9-6-18 of this chapter and subsections (A) and (B) of this section.
2. In the case of any new regulations under § 3001 of RCRA, being 42 U.S.C. § 6921, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the city, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 30 days of the effective date of such regulations.
3. In the case of any notification made under this section, the 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 been determined to be economically practical.
(Ord. 497, passed 6-20-2000)