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(a) Any industrial user either: (1) subject to a pretreatment standard; or (2) considered to be a significant industrial user, shall submit to the Director during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration of prohibited or regulated substance in the effluent which are required by the wastewater discharge permit. 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 Director or the Pretreatment Standard necessary to determine the compliance status of the user. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement provided, however, where cost of feasibility conditions justify, the Director may accept reports of average and maximum flows estimated by verifiable techniques. The Director, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above. Where required by the wastewater discharge permit the report shall include production and operating data.
(b) 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.
(c) 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 Director, using the procedures prescribed in Section 905.306 of these regulations, the results of this monitoring shall be included in the report. (Ord. 30-14. Passed 3-3-14.)
Any sampling or analysis done as part of the reports required by these rules and regulations shall be performed as follows:
(a) All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in these rules and regulations shall be determined at the control manhole provided unless otherwise specified in the industrial user' s wastewater discharge permit. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. 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 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards.
(b) Except as indicated in subsection (c) and (d) 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 Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR 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 hexavalent chromium, 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 Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(c) Samples for oil and grease, temperature, pH, hexavalent chromium, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(d) For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 915.302 and 915.304 (40 CFR 403.12(b) and (d)), a minimum of four (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 Director may authorize a lower minimum. For the reports required by paragraphs Section 915.305 (40 CFR 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 with applicable Pretreatment Standards and Requirements.
(e) The industrial user shall take a minimum of one representative sample, as defined in the previous item, to compile that data necessary to comply with the requirements of this section.
(f) If sampling performed by an industrial user indicates a violation, the user shall notify the Director within twenty-four 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 Director within thirty days after becoming aware of the violation whether the violation is detected by sampling performed by the user or City personnel.
(g) Reports of industrial users shall contain all results of sampling and analysis of the discharge, including the flow, the type of sample, and the nature and concentration, or production and mass where required by the Director. The frequency of monitoring by the industrial user shall be as prescribed in the wastewater discharge permit. All analyses, including sampling techniques, shall be performed in accordance with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, or where EPA 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 with any other applicable sampling and analytical procedures, including procedure approved by the Chairman of the Water Pollution Control Board.
(i) Conflict of Laboratory. In the event that analysis of pollutional parameters or flow gauging by the City does not agree with an analysis conducted by the industrial user, a program of re-sampling and re-gauging with subsequent chemical determinations may be instituted. However, the industrial user shall agree to bear all costs to complete the program. In such cases, the City shall schedule the operation as soon as possible, but not to interfere with scheduled operations. All analytical results so found shall be current and no retroactive refunds will be made for any differential in concentrations established as follows:
(1) Request for re-sampling. The industrial user must submit a written request for re-sampling and re-gauging and subsequent chemical determinations of the wastes to the Director.
(2) Setting up re-sampling. The chemist or engineer employed by the industrial user, responsible for the analysis submitted to the City, shall confer with the Director of Water Pollution Control.
(3) Breakdowns in equipment. In the event an analysis of wastes, determined from the routine scheduled sampling and gauging of wastes from an industrial user, is not considered representative because of breakdown of manufacturing processes, or of treatment or pretreatment facilities during the operation, and such breakdown or conditions are accepted by the Director as legitimate reasons the person or industry can request a re- sampling or re-gauging of the wastes after the breakdowns are remedied.
(4) Improperly maintained pretreatment. It shall be assumed by the City that any industrial user has treatment or pretreatment facilities and any routine scheduled sampling and gauging operations conducted at any time shall be considered representative. Therefore, in the course of several routine scheduled sampling and gauging operations the industrial user claims that the results of such sampling and gauging are not representative because of breakdown (or other interruption) of the treatment or pretreatment facilities, then the City shall assume that such facilities are in fact not being properly maintained and the results of the sampling and gauging operations shall be used for purposes of determining the sewerage surcharge, or violations fully at the discretion of the City and until such time as another routine scheduled sampling and gauging operation shall be conducted.
(j) The Director may require an industrial user to install flow monitoring facilities, instruments, and recordings devices to enable accurate measurement of flows as determined to be necessary. (Ord. 30-14. Passed 3-3-14.)
"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) A facility determined to be a non-significant categorical industrial user by the Director pursuant to 915.010(a)(44)(C) must annually submit the following certification statement signed in accordance with the signatory requirements in 915.010(a)(4). This certification must accompany an alternative report required by the Director:
"Based on my inquiry of the person or persons directly responsible for managing compliance with categorical pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part of parts], I certify that, to the best of my knowledge and belief that, during the period from [specify month, day , and year] to [specify month, day, and year]:
(1) "The facility described as [insert facility name] met the definition of a non-significant categorical industrial user as described in Section 915.010(a)(44)(C)paragraph (Q) of rule 3745-3-01 of the Administrative Code;
(2) "The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(3) "The facility never discharged more than 100 one hundred gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information: [specify information]."
(c) Furthermore, all reports shall be signed by an authorized representative of the industrial user. If an authorization under Section 915.010(a)(4), 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 Section 915.010(a)(4) must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
(Ord. 30-14. Passed 3-3-14.)
(a) The Director shall inspect the facilities and the process and operation records of any user to determine compliance with the requirements of these regulations. The user shall allow the Director or its representatives, upon presentation of credentials of identification, access to all process and operation documents and to enter upon the premises of the user at all reasonable hours for the purposes of inspection, sampling, or records examination. Reasonable hours, at a minimum, shall include any time an industrial user has employees on the premises.
(b) Where the user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(c) The Director shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance, monitoring and/or metering operations. The Director shall, at all times, have free access to the premises and process and operation records of any user, and free access to the premises and process and operation records of any person reasonably believed by the Director to be a user or possible user, for the purpose of inspecting, sampling, or testing the discharge emanating therefrom, or any discharge which may emanate therefrom in order to determine whether such discharge, or potential discharge is acceptable or unacceptable to the City.
(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.
(e) Unreasonable delays in allowing the Director access to the user's premises shall be a violation of these regulations.
(f) The Director shall evaluate the need for a plan, device or structure to control a potential slug discharge, as defined in 915.010(46), at least once during the term of each significant industrial user's wastewater discharge permit. Additional significant industrial users shall be evaluated within one year of being identified a significant industrial user. If the Director decides a slug control plan is needed, the plan shall be developed in accordance with Section 915.107(b). (Ord. 30-14. Passed 3-3-14.)
(a) The owner or operator of a facility discharging industrial wastes shall install at his own cost a suitable manhole or manholes together with such necessary meters and other appurtenances to facilitate observation, sampling and measurement of the combined wastes from said premise. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Water Pollution Control Board. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Such manhole shall be provided by the owner within ninety days after notification that such a manhole is required by the Board. The manhole shall be constructed and designed as required by the Board and as shown in Section 915.313.
(b) The monitoring manhole and equipment shall be located and maintained on the industrial user's premises outside of the building and plant perimeter fence. When such a location would be impractical or cause undue hardship on the user, the Chairman of the Water Pollution Control Board may authorized such facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over such street or sidewalk, and located so that it will not be obstructed by public utilities, landscaping or parked vehicles. In this case immediate access, within ten minutes, to the sampling location must be provided at any time of day or night.
(c) When more than one user can discharge into a common sewer, the Chairman of the Water Pollution Control Board may require installation of separate sampling manholes and monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of single user, the Chairman of the Board may require that separate monitoring facilities be installed for each separate discharge.
(d) Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Chairman of the Board's requirements and all applicable construction standards specifications.
(Ord. 30-14. Passed 3-3-14.)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
No permit holder shall have a claim against the City for release of any information as a condition of continuance of their permit. (Ord. 30-14. Passed 3-3-14.)
(a) Definitions.
(1) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.
(b) Bypass Not Violating Applicable Pretreatment Standards or Requirements. An industrial user may allow any bypass to occur which does not cause an applicable pretreatment standard to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsection (d) hereof.
(c) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director at least ten days before the date of the bypass.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within twenty-four hours from the time the industrial user becomes aware of the bypass. .The written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(d) Prohibition of Bypass.
(1) Bypass is prohibited, and the City may take enforcement action against an industrial user for a bypass, unless:
A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
B. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance;
C. The user submitted notices as required under paragraph (c) of this section; and
(2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the two conditions listed in subsection (d)(1) hereof.
(Ord. 30-14. Passed 3-3-14.)
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