(a) Any discharger subject to a Pretreatment Standard set forth in this chapter, after the compliance date of such Pretreatment Standard, or, in the case of a new discharger, after commencement of the discharge to the City's wastewater treatment facilities, shall submit to the Plant Manager during the months of June and December unless required more frequently in the pretreatment standard or by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Plant Manager may accept reports of average and maximum flows estimated by verifiable techniques. The Plant Manager, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of such reports on months other than those specified above.
(b) In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the Industrial User must submit documentation required by the Plant Manager for the Pretreatment Standard necessary to determine compliance status of the Industrial User.
(c) Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Plant Manager. This includes monitoring of any pollutant more frequently than required by the City. The frequency of monitoring by the discharger shall be as prescribed by the City. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto.
(d) The Plant Manager shall require appropriate reporting from those Industrial Users with discharges that are not subject to categorical Pretreatment Standards.
(e) Reports must be based on an appropriate amount of sampling and analysis performed during the period covered by the report. Each biannual report shall contain at least some data for the period covered by the report.
(f) All monitoring which is performed by the Industrial User using these procedures approved under 40 CFR Part 136 or approved alternatives shall be reported in periodic compliance reports.
(g) If sampling performed by an Industrial User indicates a violation, the User shall notify the City within twenty-four hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty days after becoming aware of the violation, except the Industrial User is not required to resample if:
(1) The City performs sampling at the Industrial User at a frequency of at least once per month, or
(2) The City performs sampling at the User between the time when the User performs its initial sampling and the time when the User receives the results of this sampling.
(h) 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.
(i) Monitoring Waivers. The City, at its discretion, may authorize an Industrial User subject to a Categorical Pretreatment Standard, except for centralized waste treatment facilities regulated by and defined in 40 CFR 437, to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User 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 Industrial User. (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 individual wastewater discharge permit, but in no case longer than five years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 925.32.
(3) In making its request for a pollutant monitoring exemption, the Industrial User must demonstrate 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 Industrial User. In making a demonstration that a pollutant is not present, the Industrial User 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 wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method from 40 CFR 136 with the lowest method detection limit for that pollutant is used.
(4) The request for a monitoring waiver shall be signed by an authorized representative of the Industrial User in accordance with paragraph (F) of Rule 3745-3-06 of the Administrative Code, and it must include the certification statement in 40 CFR 403.6(a)(2)(ii).
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if an EPA approved method from 40 CFR Part 136 with a detection level that is below the limit.
(6) Any grant of the monitoring waiver by the Plant Manager must be included as a condition in the User’s permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Plant Manager for three years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the IU’s control mechanism by the control authority, the IU shall certify on each self- monitoring report with the following statement: “Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR (specify applicable national pretreatment standard part or parts), I certify that, to the best of my knowledge and belief, there has been no increase in the level of (list pollutant or pollutants) in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of Rule 3745-3-06 of the Administrative Code”.
(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 IU’s operations, the IU must immediately: Notify the control authority in writing, begin monitoring that pollutant and comply with the monitoring requirements of Section 925.39(a), or other more frequent monitoring requirements imposed by the Plant Manager, and notify the Plant Manager.
(9) This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
(10) Monitoring waivers do not apply to pollutants where there are certification processes and requirements established by the control authority or by categorical pretreatment standards (e.g. TOMP/certification alternative to total toxic organics monitoring) unless allowed for by the applicable categorical pretreatment standards.
(11) The monitoring waiver applies only to IU self-monitoring and does not remove the POTW’s obligations for IU monitoring for that parameter. However, the waiver can be extended to POTW monitoring done to satisfy IU self-monitoring.
(Ord. 140-2012. Passed 1-22-13.)