(a) Baseline Monitoring Reports. 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 under provisions of the Chapter.
(1) Within either one hundred eighty (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 Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in paragraph (a)(2), below. At least ninety (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 the information listed in paragraph (a)(2), below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall 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 Section 1068.04
(e)(1)A.1., (e)(1)B., (e)(1)C.1., and (e)(1)F. Note: Sec 40 CFR 403.12(b)(l)-(7).
B. Measurement of pollutants.
2. The User shall take a minimum of one representative sample to compile that 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 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;
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 Section 1068.04
(d)(3) 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/or 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 Section 1068.06
(b) of this Chapter.
(b) Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 1068.06(a)(2)D. of this Chapter:
(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 nine (9) months or at shorter intervals as specified in Sanitation Authority issued compliance schedule;
(3) The User shall submit a progress report to the Superintendent no later than fourteen (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 to the established schedule; and
(4) In no event shall more than nine (9) months elapse between such progress reports to the Superintendent or at shorter intervals as specified in Sanitation Authority issued compliance schedule.
(c) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (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 Section 1068.04(e)(1)F. and G. and 1068.06(a)(2)B. of this Chapter. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 1068.02(c). Note: See 40 CFR 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 Section 1068.06(n)(1) of this Chapter. All sampling will be done in conformance with Section 1068.06(k).
(d) Periodic Compliance Reports.
(1) Except as specified in Section 1068.06
(d)(3), all Significant Industrial Users must, at a frequency determined by the Superintendent submit no less than twice per year (June and December or on dates specified) reports indicating the nature, concentration of pollutants in the discharge 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.
(2) The County or Sanitation Authority 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 CFR 403.12(e)(2), 9 VAC 25-31-840 E.2, and 9 VAC 25-31-800 F.l.c.(l)(b). 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 valid only for the duration of 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 Section 1068.05
(e)(1)H.
C. In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
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 CFR 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 must be included as a condition in 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 three (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 Section 1068.06
(n)(3), 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 Section 1068.06
(d)(1), or other more frequent monitoring requirements imposed by the Superintendent, and notify the Superintendent.
I. This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
(3) For categorical Users the County or Sanitation Authority may reduce the requirement for periodic compliance reports to a frequency of not less than once a year, unless required more frequently in the Pretreatment Standard or by the EPA/for waste treated in the District of Columbia or The State of Virginia/for waste treated in Virginia, where the Industrial User's total categorical wastewater flow does not exceed any of the following:
A. 0.01 percent of the POTW's design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the Industrial User discharges in batches.
B. 0.01 percent of the design dry-weather organic treatment capacity of the POTW; and
C. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical Pretreatment Standard for which approved Local Limits were developed at the POTW which receives the Users waste. Test values below a PQL approved by the Superintendent shall be considered below this threshold. Reduced reporting is not available to Industrial Users that have in the last two (2) years been in Significant Noncompliance, as defined in Section 1068.09
of this Chapter. 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. Users with reduced reporting under this clause must notify the Sanitation Authority immediately upon becoming aware that they no longer meet one or more of the eligibility criteria contained in Section 1068.06
(d)(3)A. through C.
(4) The Sanitation Authority shall maintain for at least three (3) years the records and documents used in the determination that an industry meets the provisions of Section 1068.06
(d)(3)A. through C.
(5) All periodic compliance reports must be signed and certified in accordance with Section 1068.06
(n)(1) of this Chapter.
(6) 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.
(7) If a User subject to the reporting requirement in this section monitors any regulated pollutant at the permitted sampling location more frequently than required by the Superintendent, using the procedures prescribed in Section 1068.06
(k) of this Chapter, the results of this monitoring shall be included in the report. 40 CFR 403.12(g)(6).
(8) Users that send electronic (digital) documents to the County or Sanitation Authority to satisfy the requirements of this Section must satisfy the requirements of 40 CFR Part 3 - (Electronic Reporting). 9 VAC 25-31-840 R.
(e) Reports of Changed Conditions. Each User must notify the Superintendent of any significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (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 Section 1068.04
(e) of this Chapter.
(2) The Superintendent may issue an individual wastewater discharge permit or a general permit under Section 1068.04
(h) of this Chapter or modify an existing wastewater discharge permit or a general permit under Section 1068.05
(e) of this Chapter in response to changed conditions or anticipated changed conditions.
(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, 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 the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
(2) Within five (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 User of any expense, loss, damage, or other liability which might 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 User of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.
(3) A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees to call in the event of a discharge described in paragraph (f)(1), above. Employers shall ensure that all employees, who could cause 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.
(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 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 twenty-four (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 thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the County or Sanitation Authority performs sampling at the User's facility at least once a month, or if the County or Sanitation Authority performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the County or Sanitation Authority receives the results of this sampling, or if the County or Sanitation Authority has performed the sampling and analysis in lieu of the Industrial User. If the County or Sanitation Authority performed the sampling and analysis in lieu of the Industrial User, the County or Sanitation Authority will perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat sampling and analysis. See 40 CFR 403.12(g) (2). 9 VAC 25-31-840 G.2.
(i) Notification of the Discharge of Hazardous Waste. The discharge of any waste that would be considered a hazardous waste if otherwise disposed of under 40 CFR Part 261 is prohibited.
(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 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR 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 EPA.
(k) Sample Collection. Sample data used to satisfy reporting requirements must be based on appropriate sampling and analysis performed during the period covered by the report, and must be representative of conditions occurring during the reporting period. The Control Authority shall indicate the frequency of monitoring necessary to assess and assure compliance by the User with applicable Pretreatment Standards and Requirements.
(1) Except as indicated in divisions (k)(2) and (3) 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 County or Sanitation Authority. Where time-proportional composite sampling or grab sampling is authorized by the County or Sanitation Authority, 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 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 County or Sanitation Authority, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(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 Section 1068.06
(a) and (c), 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 Superintendent may authorize a lower minimum. For the reports required by paragraphs in Section 1068.06
(d), (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.
(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 Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, 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 Section 1068.02(e)(3). 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 three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the County or Sanitation Authority, or where the User has been specifically notified of a longer retention period by the Superintendent.
(n) Certification Statements.
(1) Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 1068.04
(g); Users submitting baseline monitoring reports under Section 1068.06
(a)(2)E. Note: See 40 CFR 403.12 (1); Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 1068.06
(c). Note: See 40 CFR 403.12(d); Users submitting periodic compliance reports required by Section 1068.06
(d)(1) through (4). Note: See 40 CFR 403.12(e) and (h), and Users submitting an initial request to forego sampling of a pollutant on the basis of Section 1068.06
(d)(2)D. Note: See 40 CFR 403.12(e)(2)(iii). The following certification statement must be signed by an Authorized Representative as defined in Section 1068.01
(d)(3):
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.
(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 Sections 1068.04
(d)(32)C. and 1068.04
(g)(3). Note: See 40 CFR 403.3(v)(2) must annually submit the following certification statement signed in accordance with the signatory requirements in Section 1068.04
(g). Note: See 40 CFR 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 CFR ____, I certify that, to the best of my knowledge and belief that during the period from________, ________to _________ ,________ [months, days, year]:
(a) The facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in section 1068.01(32)C.; Note: See 40 CFR 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 compliance certification is based on the following information.
____________________________________________________
____________________________________________________
(3) Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 1068.06
(d)(2) 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 CFR 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 CFR ________ [specify applicable National Pretreatment Standard part(s)], 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 Section 1068.06(d)(1).
(Ord. 14-03. Passed 3-5-14.)