§ 52.101 CIU COMPLIANCE SCHEDULE PROGRESS REPORTS.

   The following conditions shall apply to the compliance schedule required by § 52.100(B)(4):

   (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 CIU 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 CIU shall submit a progress report to the Board 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 CIU to return to the established schedule; and

   (D)   In no event shall more than nine months elapse between such progress reports to the Board.

(Ord. 9-2016, passed 6-7-2016)

§ 52.102 CIU 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 following commencement of the introduction of wastewater into the POTW, any CIU subject to such pretreatment standards and requirements shall submit to the Board a report containing the information described in §§ 52.062(A)(6) and (7) and 52.100(B)(2). For CIUs subject to equivalent mass limits established in accordance with the procedures in § 52.016, this report shall contain a reasonable measure of the CIU's long-term production rate. For all other CIUs 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 CIU's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 52.113(A). All sampling will be done in conformance with §§ 52.130 through 52.135.

(Ord. 9-2016, passed 6-7-2016)

§ 52.103 SIU PERIODIC COMPLIANCE REPORTS.

   (A)   All SIUs must, at a frequency determined by the Board 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 BMP or pollution prevention alternative, the SIU must submit documentation required by the Board or the pretreatment standard necessary to determine the compliance status of the SIU.

   (B)   The Board may authorize a CIU to forego sampling of a pollutant regulated by a categorical pretreatment standard if the CIU 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 CIU (see 40 CFR 403.12(e)(2)). This authorization is subject to the following conditions:

      (1)   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.

      (2)   The monitoring waiver is valid only for the duration of the effective period of the SIU wastewater discharge permit, but in no case longer than five years. The CIU must submit a new request for the waiver before the waiver can be granted for each subsequent SIU wastewater discharge permit.

      (3)   In making a demonstration that a pollutant is not present, the CIU 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.

      (4)   The request for a monitoring waiver must be signed in accordance with the definition of authorized or duly authorized representative of the user § 52.004, and include the certification statement in § 52.113(A) (40 CFR 403.6(a)(2)(H)).

      (5)   Non-detectable sample results maybe 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.

      (6)   Any grant of the monitoring waiver by the Board must be included as a condition in the CIU's permit. The reasons supporting the waiver and

any information submitted by the CIU in its request for the waiver must be maintained by the Board for three years after expiration of the waiver.

      (7)   Upon approval of the monitoring waiver and revision of the CIU's permit by the Board, the CIU must certify on each report with the statement in § 52.113(C) below, that there has been no increase in the pollutant in its wastestream due to activities of the CIU.

      (8)   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 CIU's operations, the CIU must immediately: comply with the monitoring requirements of § 52.103(A), or other more frequent monitoring requirements imposed by the Board, and notify the Board.

      (9)   This provision does not supersede certification processes and requirements established in categorical pretreatment standards/except as otherwise specified in the categorical pretreatment standard.

   (C)   All SIU periodic compliance reports must be signed and certified in accordance with § 52.113(A).

   (D)   Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

   (E)   If a SIU subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Board, using the procedures prescribed in § 52.133, the results of this monitoring shall be included in the report.

(Ord. 9-2016, passed 6-7-2016)

§ 52.104 NON-CIU COMPLIANCE SCHEDULE REPORTS.

   Any non-CIU which is not in compliance with this chapter shall develop a compliance schedule by which time the user shall meet the discharge prohibitions or requirements in §§ 52.015 through 52.021. The schedule should contain increments of progress, which correspond to specific dates for their completion. All users subject to these conditions shall submit a progress report to the Board no later than 14 days following each date in the compliance schedule. This report shall state if it complies with the increment of progress to be met on that date, the reason for delay if the date was not met, and the steps being taken to return to compliance. In no event shall more than six months elapse between progress reports.

(Ord. 9-2016, passed 6-7-2016)

§ 52.105 REPORTS OF CHANGED CONDITIONS.

   Each user must notify the Board of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

   (A)   The Board 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.

   (B)   The Board may issue a wastewater discharge permit or modify a wastewater discharge permit in response to changed conditions or anticipated changed conditions.

(Ord. 9-2016, passed 6-7-2016)