(a) Compliance Date Report. Within ninety days following the date for final compliance with applicable pretreatment standards by the discharger or, in the case of a new industrial discharger, ninety days prior to commencement of the introduction of wastewater into the POTW as per 40 CFR 403.12(b), any discharger subject to pretreatment standards and requirements shall submit to the Chemist/Pretreatment Coordinator a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O and M and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger.
(b) Periodic Compliance Reports.
(1) Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such standard, or, in the case of a new discharger, after commencement of the discharge to the City, shall submit to the Chemist/Pretreatment Coordinator reports required in each individual industrial user's industrial waste discharge permit in the frequency required by the City's Ohio EPA approved pretreatment program.
(2) Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of this chapter and by each individual industrial user's discharge permit as per the Ohio EPA approved pretreatment program. All analysis 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, 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 Administrator of the U.S. EPA.
(3) If an industrial user's sampling data indicates a violation, the industrial user shall notify the City within twenty-four hours of becoming aware of the violation as per 40 CFR 403.12(g)(2) and amendments thereto. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within thirty days after becoming aware of the situation as required in OAC 3745-3-06(H)(6).
(4) Reports required shall be based on data obtained during the period covered by the report and on an amount of sampling appropriate for that industrial user as per 40 CFR 403.12(g)(2) and amendments thereto.
(5) Results of additional monitoring at POTW designated monitoring sites beyond the minimum required shall be included in the reports required during the same period as per 40 CFR 403.12(G)(5) and amendments thereto.
(6) Industrial users with categorical standards that require compliance with a BMP or pollution prevention alternative shall submit documentation to determine compliance with the standard as required in OAC 3745-3-06(E) (4) (f).
(c) Monitoring Facilities.
(1) Each discharger shall provide and operate at the discharger's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the discharger's premises, except where such a location would be impractical or cause undue hardship on the discharger, the City may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles.
(2) There should be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operation condition at the expense of the discharger.
(3) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of the building permit by discharger.
(d) The City may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the Chemist/Pretreatment Coordinator or a representative to enter upon the premises of the discharger at all reasonable hours, for the purposes of inspection, sampling, records examination, or the copying of any related pretreatment documents. The City shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a discharger has security measures in force, which would require proper identification and clearance before entry into their premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(e) Pretreatment. Industrial dischargers shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the discharger's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures shall in no way relieve the discharger from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the discharger's initiation of the changes.
(f) Confidential Information.
(1) Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
(2) When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, State disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten day notification is given to the discharger.
(g) Reporting Requirements for City. The City will forward pertinent information regarding changes in the National Pretreatment Categorical Standards to industries affected if the information received by the City from EPA does not indicate that industry has already been informed by EPA.
(h) Sampling Requirements.
(1) Periodic Compliance Reports (IU Self-Monitoring Reports) specifically require grab samples for pH, Hexavalent chromium, cyanide, total phenols, oil and grease, sulfides, and volatile organic compounds.
(2) Except for those pollutants that are required to be measured by grab samples (referenced above), all other pollutants will be measured by flow-proportional sampling unless justification for an alternate sampling type, representative of the discharge, is documented in the industrial user file.
(3) Multiple grab samples collected during a twenty-four hour period may now be composited prior to the analysis as follows: for Hexavalent chromium, cyanide, total phenols, and sulfides the samples may now be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may now be composited in the laboratory. Protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate U.S. EPA guidance must be followed.
(4) The control authority may now require an industrial user to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary.
(5) If a violation is detected through sampling and analysis conducted by the control authority in lieu of the industrial user, the control authority shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(Ord. 285(16-17). Passed 6-15-17.)