All SIUs are required to submit periodic compliance reports even if they have been designated a non-significant categorical industrial user under the provisions of § 33.243(C).
   (A)   Except as specified in § 33.243(C), all significant industrial users must, at a frequency determined by the Superintendent, submit no less than twice per year, on dates specified, reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. 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 Superintendent or the pretreatment standard necessary to determine the compliance status of the user.
   (B)   The city may authorize an industrial user subject to a categorical pretreatment standard 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 (5) 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 § 33.154(A)(8).
      (3)   In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
      (4)   The request for a monitoring waiver must be signed in accordance with § 33.004, and include the certification statement in § 33.253(A) (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 the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
      (6)   Any grant of the monitoring waiver by the Superintendent 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 Superintendent for three (3) years after expiration of the waiver.
      (7)   Upon approval of the monitoring waiver and revision of the user’s permit by the Superintendent, the industrial user must certify on each report with the statement in § 33.253(C) below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
      (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 user’s operations, the user must immediately comply with the monitoring requirements of § 33.243(A), or other more frequent monitoring requirements imposed by the Superintendent, and notify the Superintendent.
      (9)   This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
   (C)   The city may reduce the requirement for periodic compliance reports (see § 33.243(A) (40 CFR 403.12(e)(1)) to a requirement to report no less frequently than twice a year, unless required more frequently in the pretreatment standard or by the EPA/State Division of Water, where the industrial user’s total categorical wastewater flow does not exceed any of the following:
      (1)   POTW’s value for one one-hundredths percent (0.01%) of the POTW’s design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches.
      (2)   POTW’s value for one one-hundredths percent (0.01%) of the design dry-weather organic treatment capacity of the POTW; and
      (3)   POTW’s value for one one-hundredths percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 33.053. Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance, as defined in § 33.290. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
   (D)   All periodic compliance reports must be signed and certified in accordance with § 33.253.
   (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 Superintendent, using the procedures prescribed in § 33.250, the results of this monitoring shall be included in the report. See 40 CFR 403.12(g)(6).
(Ord. 2015-12, passed 8-7-15)