(A) Baseline monitoring reports.
(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 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall submit to the Lockport Sanitary Sewer Department a report which contains the information listed in division (B), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Lockport Sanitary Sewer Department a report which contains the information listed in division (A)(2), below. A new source shall also report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2) The industrial user shall submit the information required by this section including:
(a) Identifying information. The name and address of the facility including the name of the operator and owners.
(b) Environmental permits. A list of any environmental control permits held by or for the facility.
(c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications 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. 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 use of the combined waste stream formula set out in 40 CFR 403.6(e).
(e) Measurement of pollutants.
1. Identify the categorical pretreatment standards applicable to each regulated process.
2. Submit the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Lockport Sanitary Sewer Department, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 55.047.
3. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
4. 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 of Section 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 Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority.
5. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the 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 POTW or other parties, approved by the Administrator.
6. The control authority 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.
7. Sampling must be performed in accordance with procedures set out in § 55.047.
(f) Certification. A statement reviewed by the industrial user's authorized representative 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.
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards; 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. A compliance schedule pursuant to this schedule must meet the requirements set out in division (I) of this section.
(h) All baseline monitoring reports must be signed and certified in accordance with § 55.036.
(B) Reports 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, within 45 days following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and pretreatment requirements shall submit to the Superintendent, on forms provided by the Lockport Sanitary Sewer Department, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in § 55.013, this report shall contain a reasonable measure of the user's long term production rate. 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. This statement shall be signed by an authorized representative of the user, and certified to by a qualified professional as defined in General Pretreatment Regulations. All compliance reports must be signed and certified in accordance with § 55.036.
(C) Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of such applicable pretreatment standards, 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 July and January, unless required more frequently in the categorical pretreatment standard a report indicating and concentration of pollutants in the effluent which are limited by such applicable pretreatment standards. In addition, this report shall include a record of all measured or estimated average and maximum daily flows for the reporting period in cases where the pretreatment standards requires compliance with a Best Management Practice (or pollution prevention alternative), the user shall submit documentation required by the LSSD necessary to determine the compliance status of the user. At the discretion of the Superintendent and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(a) Exceptions. Exception to this reporting requirement would be for any significant user, who does not perform self-monitoring on their discharge. Instead the Lockport Sanitary Sewer Department performs the service of monitoring their discharge at least twice a year. A compliance report is only required if the significant user is regulated by mass based limitations.
(2) The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or pretreatment requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by division (C)(1) of 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 where requested by the Superintendent, of pollutants contained therein which are limited by the applicable categorical pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Superintendent. Sampling shall be performed in accordance with the techniques approved by the Superintendent. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant 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," analytical procedures approved by the Superintendent.
(D) Late filing charge. Any user subject to the reporting requirements set forth in the General Pretreatment Regulations 40 CFR 403 or their industrial wastewater discharge permit as issued in accordance with § 55.032, must file their report within 30 days after receipt of the proper reporting form and sampling data from the Lockport Sanitary Sewer Department. Extensions of this time period may be granted by the Superintendent upon written request by the user. Failure to comply with this provision will result in a fine of $100. Additional fines will be issued at 30 day intervals until the report is properly filed or a time extension is granted by the Superintendent. Repeated or continued failure to comply with this provision is grounds for enforcement.
(E) Report 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 load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 55.010), it is the responsibility of the industrial user to immediately telephone and notify the Lockport Sanitary Sewer Department 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. The following procedures shall be followed:
(a) Accidental discharges that contain pollutants that exceed the permitted limit by ten times shall be reported.
(b) Accidental discharges that may cause permanent damage to the collection or treatment system shall be reported immediately. These discharges include, but are not limited to, pollutants that may cause a fire or explosion hazard in the collection system, pH of 2 or less or 12.5 or greater for longer than ten minutes, any pollutant that will increase the concentration in the influent to the POTW enough to have a decrease in treatment efficiency.
(c) During normal business hours, (7:00 a.m. - 3:30 p.m.) the permittee shall notify the Lockport Sanitary Sewer Department by telephone. At all other times, the LSSD should be notified by leaving a message with the LSSD's 24 hour dispatch after 3:30 p.m., Monday through Friday, or weekends and holidays. The notification shall include the name of the person making the call, the telephone number where said person can be reached, location of discharge, date and time thereof, type of waste, including concentration, and volume and corrective action taken.
(d) The party making the call shall be available by phone for a minimum of 15 minutes after the notification is made. This is so that a member of the Lockport Sanitary Sewer Department may contact the industry representative for more information, if necessary.
(2) Within five days following such discharge, the industrial 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 industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, 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 by this chapter.
(3) Failure to notify the Lockport Sanitary Sewer Department of potential problem discharges shall be deemed a separate violation of this chapter. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (E)(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.
(F) Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the Lockport Sanitary Sewer Department as the Superintendent may require.
(G) Notice of violation/repeat sampling and reporting. If sampling performed by an industrial user facility indicates a violation, the industrial user facility must notify the control authority within 24 hours of becoming aware of the violation. The industrial user facility shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Lockport Sanitary Sewer Department within 30 days after becoming aware of the violation. The industrial user facility is not required to resample if the Lockport Sanitary Sewer Department performs monitoring at the industrial user's facility at least once a month, or if the Lockport Sanitary Sewer Department performs sampling between the industrial user's facility initial sampling and when the industrial user facility receives the results of this sampling.
(H) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste 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 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, 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 also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents in the waste stream discharged during that calendar month, and an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and estimation of the mass of constituents in the waste stream 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 division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 55.043. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of divisions (A), (B) and (C) of this section.
(2) Dischargers are exempt from the requirements of division (H)(1), above, 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 CFR 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 CFR 261.30(d) and 261.33(e), requires a one-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 Section 3001 of the 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 the 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 chapter, a permit issued thereunder, or any applicable federal or state law.
(I) Compliance schedule progress report. The following conditions shall apply to the schedule required by division (A)(2)(g) of this section. 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 including but not limited to hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to herein shall exceed nine months. The industrial 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 the appropriate steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(Ord. 16-005, passed 5-18-16)