(a) Notification of Changed Discharges. All industrial users shall promptly notify the Director in advance of any significant change in the volume or character of a pollutant in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(P). Any change may be considered significant when the increase is greater than twenty percent on a sustained or permanent basis.
(b) New Sources. 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 of Public Service a report which contains the information listed in Section 1040.20 at least ninety days prior to commencement of discharge. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of information requested in paragraphs 1040.20(a)(2) to (4).
Within ninety days following commencement of the introduction of wastewater into the sewage works by a new discharger subject to the provisions of this chapter, such discharger shall submit a report to the Director indicating the average discharge flow and the nature and concentration of all prohibited or regulated substances contained in his or her discharge. The report shall state whether applicable pretreatment standards are being met on a consistent basis and, if not, what measures are necessary to achieve compliance with these standards.
(c) Baseline Reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under Section 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Director a report which contains the information listed in Section 1040.20. Where reports containing this information already have been submitted to the Director in compliance with the requirement of 40 CFR 128.140(b)(1977), the industrial user will not be required to submit this information again.
(d) Periodic Compliance Reports. Any person subject to a categorical pretreatment standard or any pretreatment provision of this chapter shall submit a semi-annual report to the Director, indicating the nature and concentration of prohibited or regulated substances in his or her discharge. This report shall include a record of all measured average and maximum flows during the reporting period, the results of discharge sampling and analyses and any other information required by the Director.
(e) Methods of Analysis. All analyses shall be performed by methods approved by the Director.
(f) General Signing Requirements.
(1) All reports required by this chapter shall be signed. Where this chapter fails to specify a specific individual as being responsible for signing the specified report, the reports shall be signed as hereinafter provided. All signed reports, whether the reports are signed under this general signing requirement or a specific signing requirement provided for elsewhere in this chapter, shall be accompanied by the certification provided in paragraph (f)(4) hereof.
A. For a corporation, by a responsible corporate officer. For the purpose of this paragraph, a responsible corporate officer means:
1. A president, secretary, treasurer or vice-president of a corporation, in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
2. The manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
C. For a municipal, State, Federal or other public agency, by either a principal executive officer or a ranking elected official. For purposes of this paragraph, a principal executive officer of a Federal agency includes: 1. The chief executive officer of the agency; or 2. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. Regional Administrators of the EPA).
(2) All reports required by this chapter shall be signed by a person described in paragraph (f)(1) hereof, or by a duly authorized representative of that person. A person is duly authorized representative only if all of the following are true.
A. The authorization is made in writing by a person described in paragraph (f)(1) hereof.
B. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position.
C. The written authorization is submitted to the Director.
If an authorization under paragraph (f)(2) hereof is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (f)(2) hereof must be submitted to the Director prior to or together with any reports, information or applications to be signed by the authorizers representative.
(4) Any person signing a document under paragraph (f)(1) or (2) hereof shall make the following certification:
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 evaluated 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.
(Ord. 91-59. Passed 10-21-91.)