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(A) Any user who commences the discharge of hazardous waste shall notify the POTW, 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, and 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 contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. The user shall notify the POTW within 24 hours of becoming aware of the discharge. All notifications to EPA and the state 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 § 52.105. 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 §§ 52.100, 52.102 and 52.103.
(B) Dischargers are exempt from the requirements of division (A), 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 nonacute 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.
(C) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Board, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(D) 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.
(E) 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.
(Ord. 9-2016, passed 6-7-2016)
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 § 52.018(C). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; copies of completed chain-of-custody forms; 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 years. This period shall be automatically extended for the duration of any litigation concerning the user or the Board, or where the user has been specifically notified of a longer retention period by the Board.
(Ord. 9-2016, passed 6-7-2016)
(A) 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 § 52.063; SIUs submitting baseline monitoring reports under § 52.100(B)(5); CIUs submitting reports on compliance with the categorical pretreatment standard deadlines under § 52.102; SIUs submitting periodic compliance reports required by § 52.103(A) through (D), CIUs submitting an initial request to forego sampling of a pollutant on the basis of § 52.103(B)(4), and non-SIUs submitting reports required by § 52.107. The following certification statement must be signed by an authorized representative as defined in § 52.004:
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) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the Board pursuant to the definition of pretreatment standards, division (3) in § 52.004 and § 52.063(C) must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of authorized or duly authorized representative in § 52.004. This certification must accompany an alternative report required by the Board:
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 the definition of pretreatment standards, division (3) in § 52.004
;
(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.
(C) Certification of pollutants not present. Users that have an approved monitoring waiver based on § 52.103(B) 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.
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 § 52.103
(A).
(Ord. 9-2016, passed 6-7-2016)
SAMPLING AND COMPLIANCE MONITORING
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.
(Ord. 9-2016, passed 6-7-2016)
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