A. Periodic Compliance Reporting (40 CFR 403.12(e) And (h)):
40 CFR 403.12(e) categorical: After the final compliance date or, in the case of a new source, after beginning the discharge into the POTW, CIUs (except NSCIUs) are required to submit, in June and December, the self- monitoring results of their wastewater discharge(s). The POTW may modify the months in which the reports are to be submitted and may require more frequently. All results for self-monitoring performed must be reported to the POTW, even if the CIU is monitoring more frequently than required.
40 CFR 403.12(h) significant: After the final compliance date or, SIUs not subject to categorical pretreatment standards must submit to the POTW at a minimum of once every six (6) months (on dates specified by the POTW) a description of the nature, concentration and flow of the pollutants required to be reported by the POTW. The POTW may modify and increase the frequency of collection and reporting. All results for self-monitoring performed must be reported to the POTW, even if the IU is monitoring more frequently than required.
Periodic compliance reports must include the following:
1. The nature and concentration of pollutants as required by the POTW.
2. Flow data (average and maximum daily) as required by the POTW.
3. Mass of pollutants discharged (applicable to CIUs where mass limits have been imposed).
4. Production rates (applicable to CIUs where equivalent limits have been imposed or where limits imposed are expressed in allowable pollutant discharged per unit of production).
5. All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
6. If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in subsection I of this section, the results of this monitoring shall be included in the report.
As a result of the streamlining rule, the Superintendent has the authority to allow an IU subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by that 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 resulting from activities of the CIU. To be authorized to forego this sampling, the IU must provide the sampling data and meet the requirements in 40 CFR 403.12(e)(2). Nondeductible sample results may be 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. This monitoring waiver does not supersede certification processes and requirements established in the categorical pretreatment standards.
For a CIU authorized by the POTW to forego sampling of a pollutant regulated by a categorical pretreatment standard, the CIU must certify on each report, using the statement in 40 CFR 403.12(e)(2)(v), that there has been no increase in the pollutant in its wastestream from activities of the IU. The monitoring waiver is valid only for the duration of the effective period of the IU's control mechanism, but it may not be longer than five (5) years. The CIU must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism. (Ord. 94-14, 7-5-1994; amd. 2017 Code)
B. Report Of Changed Conditions: Each industrial user is required to notify the Wastewater Superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before change.
1. The Wastewater Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 6-2-19 of this chapter.
3. No industrial user shall implement the planned changed condition(s) until and unless the Wastewater Superintendent has responded to the industrial user's notice.
4. For purposes of this requirement, flow increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.
C. Spill Containment:
1. Accidental Discharge Protection: Users having the ability to cause interference, or pass-through at the POTW, or to discharge a slug, shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be at the user's cost and expense.
2. Spill Containment Plan (SCP): Users meeting the criteria in subsection A of this section shall develop an SCP. The plan shall require the approval of the Superintendent and shall contain the following:
a. A description of discharge practices, including nonroutine batch discharges;
b. A description of stored chemicals;
c. Procedures for immediately notifying the POTW of slug discharges, including any that would violate the discharge prohibitions in section 6-2-9 of this chapter. Notification procedures shall comply with subsections C3 and C4 of this section;
d. A description of procedures and structures necessary to prevent adverse POTW impact from accidental spills including inspection and maintenance of stored areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic pollutants (including solvents), and/or measures and equipment for emergency response;
e. A schedule for the completion or implementation of necessary procedures and structures. Complete implementation and installation of any procedures or structures shall be according to the shortest possible schedule but in no case longer than one (1) year. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify and operate its facility as necessary to meet the requirements of this chapter.
3. Written Report: Users shall submit a written report to the Superintendent within five (5) days following such an accidental or deliberate discharge describing the cause of the discharge and measures to be taken by the user to prevent similar future occurrences. Users shall submit follow up reports as may be required by the Superintendent. Such report, or reports, shall not relieve the user of any expenses, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such report relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the City, result in the revocation of the discharger's wastewater discharge permit.
4. Control Of Discharge Production: Users shall control production of all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss or failure of its pretreatment facility until the facility is restored or an alternative method of pretreatment is provided. This requirement applies in the situation where, among other things, the primary source of power to the user's pretreatment facility is reduced, lost or fails.
5. Posting Of Notice: Users required to have a spill containment plan must permanently post a notice in English and the language of common use on the user's bulletin board or other prominent place advising employees whom to call should a prohibited discharge occur. Users shall ensure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.
D. Treatment Upsets: Users shall inform the Superintendent within one (1) hour of becoming aware of an upset in operations that places it in a temporary state of noncompliance with the pollutant limits in this chapter. Users shall provide a follow up written report to the Superintendent within five (5) working days. The report must demonstrate that the pretreatment facility was being operated in a prudent and appropriate manner and shall contain:
1. Description of the upset, its cause(s), and impact on the user's compliance status;
2. The duration of noncompliance, including exact dates and times of noncompliance, and if noncompliance is continuing, the time by which compliance is reasonably expected to be restored;
3. All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.
E. Treatment Bypass:
1. Unavoidable Bypass: Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury or severe property damage or no feasible alternatives exist such as the use of auxiliary treatment facilities, retention of untreated waste or maintenance during normal periods of equipment downtime.
2. Essential Bypass: The Superintendent may allow a bypass to occur which does not cause a violation of pretreatment standards, but only if it is essential for maintenance to assure efficient operation.
3. Notification Of Bypass:
a. Anticipated Bypass: The user shall immediately notify the Superintendent and submit a written notice to the POTW within five (5) days. This report shall specify:
(1) A description of the bypass, its cause and the duration;
(2) Whether the bypass has been corrected;
(3) The steps being taken to reduce, eliminate and prevent a reoccurrence of the bypass.
F. Reporting Requirements From Nonsignificant Industrial Users: All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the Superintendent may require.
G. Notice Of Violation/Repeat Sampling And Reporting: If sampling performed by an industrial user indicates a violation, the industrial user must notify the City within twenty four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs sampling at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.
H. Analytical Requirements: 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, 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, sampling and analysis must be performed in accordance with procedures approved by the EPA.
I. Sample Collection:
1. Except as indicated in subsection I2 of this section, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional composite sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
2. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.
J. Determination Of Noncompliance: The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards.
K. Timing: Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern.
L. Record Keeping: Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this chapter. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the Superintendent. (Ord. 94-14, 7-5-1994)
M. Self-Monitoring Requirements: All SIUs, including CIUs, must conduct self-monitoring as part of several different reporting requirements. That may include BMR, ninety (90) day compliance report and periodic compliance reports. Those reports must be based on data that were obtained through appropriate sampling and analysis performed during the period covered by the report and are representative of conditions occurring during the reporting period. In cases where a violation is identified, the IU must repeat the sampling and analysis for the pollutant in violation and submit the results within thirty (30) days after becoming aware of the violation. Noted in 40 CFR 403.123(g)(5), sample collection and analysis for all required pretreatment program reports must be conducted using 40 CFR part 136 procedures or with any other test procedures approved by the EPA Administrator. (Ord. 94-14, 7-5-1994; amd. 2017 Code)