Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of inapplicable categorical Standard, shall submit to [the Superintendent] a report which contains the information listed in paragraph (1.), below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(a) Measurement of Pollutants.
(2) The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
(3) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;
(5) The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
(6) The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
(b) Compliance Certification. A statement, reviewed by the User's Authorized Representative as defined in 911.02(5) and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.
(c) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in 911.07(e).
(d) Signature and Report Certification. All baseline monitoring reports must be certified in accordance with 911.07(o) and signed.
(e) Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by 911.07(1):
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The User shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and
(4) In no event shall more than nine (9) months elapse between such progress reports to the Administrator Director.
(f) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Director a report containing the information described in 911.06(d) and 911.07(1)(a). For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 911.04(f) [40 CFR 403.6(c)], this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with 911.07(o). All sampling will be done in conformance with 911.07(i).
(g) Periodic Monitoring Compliance Reports. Any User subject to a Pretreatment Standard set forth in this chapter shall submit to the Director within ninety (90) days following the final compliance date of such Pretreatment Standard, or, in the case of a New User, within ninety (90) days after commencement of the discharge to the City's sewage works, and thereafter during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration, of prohibited or regulated substances 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. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Director may accept reports of average and maximum flows estimated by verifiable techniques. The Director, 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 months other than those specified above. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User.
(1) Reports of Users 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 Director. The frequency of monitoring by the User shall be as prescribed in the applicable Pretreatment Standard of this chapter or the Individual Discharge Permit. All pollutant analysis, including sampling techniques, shall be performed in accordance with 40 CFR, Part 136 and amendments hereto, unless otherwise specified in an applicable categorical Pretreatment Standard. Where 40 CFR, Part 136 does not include a sampling and analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with
the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Director of the USEPA. Determination of the character and concentration of the industrial wastes shall be made by the user responsible for the discharge, or his qualified agent as approved by the Utilities Commission. The results of the analysis shall be reported to the Director on a periodic basis on forms provided by the Director. The City makes its own analysis on the wastes and these determinations shall be binding as a basis for charges, except as follows;
A. In case the analyses performed by the User and the City result in substantially different values, an effort shall be made by the User to collect samples at the same time the City collects its own samples. The results of the analyses on the samples collected by the City and the User shall be compared using the same testing procedures and the differences negotiated.
(2) Reports shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional facilities and/or pretreatment is necessary to gain compliance with applicable Pretreatment Standards or Requirements.
(3) Notice of Violation/Repeat Sampling and Reporting. If a User's sampling data indicates a violation, the User shall notify the Director within twenty-four hours of becoming aware of the violations as per 40 CFR 403.12(g)(2) and amendments thereto. The User shall resample and submit to the Director the results of the resampling within thirty (30) days of becoming aware of the initial violation. Any violation of this chapter revealed by the Industrial User's sampling shall be considered to continue until subsequent sampling shows the results to be in compliance.
(4) Reports required shall be based on data outlined during the period covered by the report and on an amount of sampling appropriate for that User as per 40 CFR 403.12(g)(3) and amendments thereto.
(5) Results of additional monitoring at Director designated monitoring sites beyond the minimum required shall be included in the reports required during the same period as per 40 CFR(g)(5) and amendments thereto.
(6) Wastewater Volume Determinations. The volume of flow used for computing industrial waste charges shall be the metered water consumption of the person as shown in the records of water meter readings maintained by the City, except as herein provided in this section.
A. If the User discharging industrial wastes into the public sewers procures any part, or all, of this water from sources other than the City water system, all or part of which is discharged into the public sewer, the User shall install and maintain at the User's expense water meters of a type approved by the Director for the purpose of determining the volume of water obtained from those other sources.
B. The User discharging industrial wastes into the public sewers may install and maintain at the User's expense metering devices for determining the volume of waste being discharged to the public sewer, from which the industrial waste charges would be computed. The measuring devices shall be of a type acceptable to the Director.
C. The Director may require the installation of devices for measuring the volume of waste discharged if these volumes cannot otherwise be determined from the metered water consumption records.
D. Any metering device for determining the volume of waste discharged to the public sewer shall be installed, owned, and maintained by the User. Following approval and installation, such meters may not be removed without the consent of the Director.
(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 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 Superintendent or other parties approved by EPA.
(i) Sample Collection.
(1) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
A. Except as indicated in subsection (i)(1)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 Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, 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 maybe 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 City, 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 911.07(1) and (f) [40 CFR 403.12(b) and (d)], a minimum of four (4) 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 Utilities Commission may authorize a lower minimum. For the reports required by paragraphs 911.07(g) [(40 CFR 403.12(e) and 403.12(h)], the User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.
E. 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.
F. If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in 911.07(i), the results of this monitoring shall be included in the report.
(j) Date of Receipt of Reports. 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 United States Postal Service, the date of receipt of the report shall govern.
(k) Reports of Changed Conditions. Each User must notify the Director of any significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.
(1) The Director may require the 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 911.06.
(l) Reports of Potential Problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
(2) Within five (5) days following such discharge, the User shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(3) A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (l)(1) above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4) Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge.
(m) Reports from Unpermitted Users. All Users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
(n) Signatory Requirements. The following certification statement is required to be signed and submitted by Users Submitting: permit applications; Users submitting baseline monitoring reports; Users submitting reports on compliance with the categorical Pretreatment Standard deadlines; Users submitting periodic compliance reports and Users submitting Violation Reports.
The following certification statement must be signed by an Authorized Representative as defined below:
"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."
(1) If the User is a corporation:
A. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
B. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and 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 individual wastewater discharge permit [or general permit {optional}] requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in subsections (n)(1) through (3), above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
(o) Confidential Information. Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, individual discharge permits, and monitoring programs, and from the Director's inspection and sampling activities shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the Utilities Commission 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 User under applicable State law. When requested by a User furnishing a report that such information should be held confidential, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs; and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data will not be recognized as confidential information and shall be available to the public without restriction.
(p) Changes in the Wastewater. All Industrial Users shall promptly notify the 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(e). 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 (20%) above or below daily average flow or mass.
(q) Monitoring Facilities. The Utilities Commission may require any User to provide and operate at the User's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the City's sewage works. All monitoring and sampling facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Each monitoring facility shall be situated on the User's premises, except where such a location would be impractical or cause undue hardship on the User, the Utilities Commission may permit the facility to be constructed in the public right-of-way or easement providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in and near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment, as may be required, shall be maintained at all times in a safe and proper operating condition at the expense of the User. Plans and specifications for proposed monitoring facilities shall be submitted for approval to the Utilities Commission within sixty days of receipt of request for installation by the User. Construction shall be completed within ninety days of receipt of permit by the User.
(1) The Director or duly authorized employee shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
(2) The Director 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 twice per year to ensure their accuracy.
(r) Inspection and Sampling.
(1) The Director shall have the right to enter and inspect the facilities of any User to determine compliance with the requirements of this chapter and any individual wastewater discharge permit. The User shall allow the Director or duly authorized employee(s) of the Water and Wastewater Department bearing proper credentials and identification, ready access to all parts of the premises of the User, without delay, for the purpose of inspection, observation, measurement, sampling, records examination and copying, and the performance of any additional duties. Samples shall be collected in such a manner as to be representative of the composition of the wastes. The duly authorized employee(s) of the Water and Wastewater Department shall have the right to set up on the User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, and to make copies of such records as deemed necessary. The powers and authority herein granted shall be in addition to powers of inspection otherwise granted by law to the Water and Wastewater Commission.
(2) All information in the possession of the owner bearing on the industrial, commercial, or other process which, in the judgment of the Director, affects the POTW, shall be made available to the Director or his authorized representative.
(3) 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 Director and shall not be replaced. The costs of clearing such access shall be born by the User.
(4) Unreasonable delays in allowing the Director access to the User's premises shall be a violation of this chapter.
(s) Recordkeeping. 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. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; 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 (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the User has been specifically notified of a longer retention period by the Director.
(t) Publication of Users in Significant Noncompliance. The Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates subsections (t)(3), (4), or (5) hereof and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six- (6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits.
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 911.02, multiplied by the applicable criteria for (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement, such as Daily Maximum, long-term average, Instantaneous Limit, or narrative standard, that the Director determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best Management Practices which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2016-21. Passed 11-28-16; Ord. 2019-38. Passed 12-23-19.)