Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in these regulations, or no longer than ninety days following commencement of the introduction of wastewater into the Authority's treatment system by a new discharger, and thereafter during the months of June and December, unless required more frequently in the standards or by the Authority, any discharger subject to these regulations shall submit to the Authority a report indicating the actual nature and concentration of all prohibited or regulated substances contained in its discharge 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. Flows shall be reported on the basis of actual measurement, provided, however, that where cost or feasibility considerations justify it, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, 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 said reports on months other than those specified above.
(a) Reports of industrial users shall contain results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the Authority. The frequency of monitoring by the discharger shall be as prescribed by the Authority. A determination of the character and concentration of the industrial wastes shall be made by the user responsible for the discharge. The Village shall make its own analysis on the discharge and these determinations shall be binding as a basis for charges, except that when the analyses performed by the industrial user and the Village result in substantially different values, an effort shall be made by the industrial user to collect samples at the same time the Village collects its samples. The results of the new analyses shall be compared and the differences shall be negotiated.
(1) All collected samples must be of such nature that they provide a true and accurate representation of the industry's normal workday effluent quality.
(2) Chain-of-custody procedures, sample preservation techniques, and sample holding times recommended by EPA shall be followed in all self-monitoring activities.
(3) Monitoring shall be performed at the approved monitoring station on the effluent sewer. Location and design of the monitoring station shall be subject to the review and approval of the Village. Any change in monitoring location will be subject to the approval of the Village.
(4) All analyses shall be performed in accordance with procedures established by EPA under the provisions of Section 304(h) of the Act [33 USC 1314(h)] and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by EPA or the Village. Sampling shall be performed in accordance with the techniques approved by EPA or the Village.
(5) Except as indicated in Subparagraphs (6) and (7) 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 Service Director. Where time-proportional composite sampling or grab sampling is authorized, 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 analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides, the samples may be composited in a 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 Service Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(6) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Alternately, pH compliance may be accessed through the use of a strip-chart or a circular chart over the monitoring period from a continuous pH recorder, at the discretion of the Service Director.
(7) For sampling required in support of compliance reports required 40 CFR 503.12(b)and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Service Director may authorize a lower minimum. For reports required by 40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards.
(8) If a violation is detected through sampling and analysis conducted by the Village in lieu of the industrial user, the Village shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(9) Where a pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Service Director or applicable standard.
(b) Reports shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional facilities, operation and maintenance and/or pretreatment is necessary to gain compliance with the applicable pretreatment standards or requirements.
(c) If an industrial user's sampling analysis indicates a violation, the industrial user must notify the Authority within twenty-four hours of receiving verification of the violation as per 40 CFR 403.12(9)(2). The industrial user shall re-sample and submit the results within thirty days from receipt of the initial sampling results. Any violation of this chapter revealed by the industrial user's sampling shall be considered to continue until a subsequent sampling analysis shows the industrial user to be in compliance.
(d) All reports required under this chapter shall include a certification statement as required in 40 CFR 403.6(a)(2)(ii) and amendments thereto. Additionally, all reports shall be signed by:
(1) A president, vice president, secretary or treasurer of a corporation;
(2) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or
(3) The manager of one or more manufacturing, production, or operating facilities, provided that the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(e) Information and data furnished to the Authority with respect to the nature and frequency of discharges shall be available to the public or to another governmental agency without restriction, unless the discharger specifically requests confidentiality and is able to demonstrate to the satisfaction of the Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger. When requested by a discharger furnishing a report, the portions of such report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State disposal system permit and/or pretreatment programs. However, such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Authority as confidential shall not be transmitted to any governmental agency or to the general public by the Authority until and unless a ten-day notification is given to the discharger.
(f) All industrial users shall promptly notify the Service Director at least two weeks in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user is required to submit notification under 40 CFR 403.12(p). For the purpose of this section, substantial change shall mean a change, in either discharge flow or mass of pollutants, of more than twenty percent above or below the daily average flow or mass.
(g) All industrial users who discharge or propose to discharge wastewater to the wastewater treatment system shall maintain such records of production and related factors, effluent flows and pollutants as are necessary to demonstrate compliance with the requirements of any applicable State or Federal pretreatment standards. Such records shall be made available upon request by the Authority. All such records relating to compliance with pretreatment standards shall be made available to officials of the Ohio EPA and the U.S. EPA. All dischargers subject to these regulations shall retain, for no less than three years, any records, documents, reports and correspondence, and any summaries thereof, relating to monitoring, sampling and analysis made by or for the discharger in connection with its discharge. All records which pertain to matters subject to administrative adjustment or other enforcement or litigation activities brought by the Authority pursuant hereto shall be retained by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any appeals have expired.
(h) Any industrial user which experiences an upset, as defined in Section 921.02 shall inform the Service Director as soon as possible, but not later than twenty-four hours after first becoming aware of the upset. Where information is given orally, a written follow-up report shall be filed by the industrial user with the Service Director within five days. The report shall include:
(1) A description of the upset, its cause and its impact on the industrial user's compliance;
(2) The duration of noncompliance, including exact dates and times of noncompliance, and, if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and prevent a recurrence of such an upset or other condition of noncompliance.
A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against an industrial user for noncompliance with this chapter which arises out of violations alleged to have occurred during the period of upset. The industrial user seeking to establish the occurrence of an upset shall have the responsibility to provide proof of such upset.
(i) In the event any substance or waste, the discharge of which is prohibited by Section 921.07(f) of this chapter, is discharged to the sewage system, the person responsible for the discharge shall notify the Authority immediately so that remedial action can be taken. All costs to correct any damage resulting from such discharge shall be charged to the person responsible for the discharge. Each such discharge shall be considered separately and costs shall be levied accordingly. Failure to report such discharge or to take corrective measures necessary to prevent a subsequent noncomplying discharge, after being notified by the Authority to do so and being given a reasonable time in which to take such measures, shall result in the sewer through which the discharge enters the public sewer being disconnected. Said sewer will not be reconnected until, in the opinion of the Authority, proper corrective measures have been implemented.
(Ord. 6-14. Passed 2-25-14.)