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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)
All users who discharge pollutants other than sewage to the POTW and who make a new connection or modify an existing connection to the POTW shall install a control manhole unless the Board determines that a control manhole is not required. In addition, the Board shall have the authority to require any user, at the user's expense, to install a control manhole if the Board determines that such a manhole is necessary to protect the POTW.
(Ord. 9-2016, passed 6-7-2016)
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 Board or other parties approved by EPA.
(Ord. 9-2016, passed 6-7-2016)
(A) Except as indicated in divisions (B) and (C) 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 Board. Where time-proportional composite sampling or grab sampling is authorized by the Board, 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 Board, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(B) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(C) For sampling required in support of baseline monitoring and 90-day compliance reports required in § 52.100 and 52.102 (40 CFR 403.12(b) and (d)), a minimum of four 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 Board may authorize a lower minimum. For the reports required by § 52.103 (40 CFR 403.12(e) and 403.12(h)), the SIU is required to collect the number
of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(Ord. 9-2016, passed 6-7-2016)
The Board shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Board ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(A) Where a 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 Board shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(B) The Board shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct independent sampling and/or metering of the user's operations.
(C) The Board may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy. When the monitoring facility is constructed in the public right-of-way or easement, in an unobstructed location, the location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. Whether constructed on public or private property, the monitoring facilities should be provided in accordance with the Board's requirements and all applicable local construction standards and specifications.
(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 Board and shall not be replaced. The costs of clearing such access shall be born by the user.
(E) Unreasonable delays in allowing the Board access to the user's premises shall be a violation of this chapter.
(Ord. 9-2016, passed 6-7-2016)
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