(A) General pretreatment regulations at 40 C.F.R. § 403.12 set forth five basic reporting requirements that apply to industrial users subject to specific categorical pretreatment standards. Categorical industrial users must comply with these federal reporting requirements, even if the control authority has determined that the local limit requirement is more stringent than the categorical standard. These requirements are as follows.
(1) Baseline monitoring report (40 C.F.R. § 403.12(b)). A baseline monitoring report is required, including a compliance schedule, when necessary, for meeting categorical standards (40 C.F.R. § 403.12(c)). Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Director a report which contains the information listed in 40 C.F.R. § 403.12(b)1-7. At least 90 days prior to commencement of their discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the Director a report which contains the information listed in 40 C.F.R. § 403.12(b)1-7. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2) Report on compliance with categorical pretreatment standard deadline (40 C.F.R. § 403.12(d)). Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility, which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.
(3) Compliance schedule for meeting categorical pretreatment standards. (See § 52.076 of this chapter.) The Director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by division (A)(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards.
(4) Periodic report on continued compliance (40 C.F.R. § 403.12(e)). Categorical and non- categorical industrial users are required to report on their regulated waste discharges to the control authority at least semiannually. The regulations (40 C.F.R. § 403.12(e)(1)) state that the reports are to contain information indicating the nature and concentration of pollutants in the effluent that are limited by such categorical pretreatment standards. For some categorical TTO standards, the categorical regulation provides for the use of a certification as a substitute for sampling and analysis results. In addition, this report shall include a record of measured or estimated average daily flows for the reporting period. If the city performs all of the monitoring and sampling requirements of the industrial user’s permit every six months, the city will send all permitted industrial users a standard six-month compliance form for the industrial user to certify compliance.
(5) Signatory requirements. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user: “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 for knowing violations.”
(6) Notice of slug loading (40 C.F.R. § 403.12(f)). (See § 52.073(A) of this chapter.) All industrial users must notify the control authority immediately of any slug loading. SLUG LOADING is defined as any pollutant, including biochemical oxygen demand (BOD), released in a discharge at a flow rate or concentration which will cause interference with the operation of the treatment works.
(7) Notification of discharge of hazardous waste. Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the Environmental Protection Agency 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 hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the Environmental Protection Agency hazardous waste number, and the type of discharge (continuous batch or other). If the industrial user discharges more than ten kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (A)(7) need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 52.076 of this chapter. The notification requirement in this division (A)(7) does not apply to pollutants already reported under the self-monitoring requirements.
(B) (1) 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 C.F.R. §§ 261.30(d) and 261.33(e) requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(2) If any new regulations under § 3001 of RCRA identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, the industrial user must notify the POTW, the Environmental Protection Agency 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. For any notification made under this division (B), the industrial 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.
(2013 Code, § 28-89) (Ord. 14438, passed 8-23-1993; Ord. 14970, passed 11-27-2017)