A. Final Compliance Report: Within ninety (90) days following the date for final compliance by the user with applicable pretreatment standards and requirements outlined in this chapter or an indirect discharge permit, or within ninety (90) days after commencement of the introduction of wastewater into the POTW by a new user, any user subject to this chapter shall submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation, maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user, as defined by 40 CFR 403.12(1).
B. Periodic Compliance Reports:
1. Any user 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 user, after commencement of the discharge to the POTW, shall submit to the city at six (6) month intervals as prescribed in the indirect discharge permit, unless required more frequently 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. Flows shall be reported based on actual measurement, provided however, where cost or feasibility considerations justify, the city may accept reports of average and maximum flows estimated by verifiable techniques.
2. 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 city. All sample results shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges from the user.
3. All analyses shall be performed in accordance with 40 CFR, part 136 and amendments thereto. Where 40 CFR, part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with sampling and analytical procedures approved by the administrator of the U.S. EPA.
4. The frequency of monitoring by the user shall be prescribed within the indirect discharge permit. At a minimum, users shall sample their discharge at least twice per year. If a user sampled and analyzed more frequently than what was required in its indirect discharge permit, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.
5. The Wastewater Superintendent 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 per 40 CFR 403.12(e)(2). This authorization is subject to the following conditions:
a. 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.
b. 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 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 Section 4.5A(8).
c. 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 before any treatment present at the facility that is representative of all wastewater from all processes.
d. The request for a monitoring waiver must be signed in accordance with Section 1.4C, and include the certification statement in 6.14 A (40 CFR 403.6(a)(2)(ii)).
e. 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.
f. Any grant of the monitoring waiver by the Wastewater 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 Wastewater Superintendent for 3 years after the expiration of the waiver.
g. Upon approval of the monitoring waiver and revision of the User’s permit by the Wastewater Superintendent, the Industrial User must certify on each report with the statement in Section 13.10.190B.6. of this chapter, that there has been no increase in the pollutant in its waste stream due to activities of the Industrial User.
h. If 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 notify the Wastewater Superintendent and comply with the monitoring requirements of Section 13.10.190B.4. of this chapter, or other more frequent monitoring requirements imposed by the Wastewater Superintendent.
i. This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
6. The requirement for periodic compliance reports may be reduced to a requirement to report no less frequently than once a year unless required more frequently in the Pretreatment Standard or by the State, where the Industrial User’s total categorical wastewater flow does not exceed any of the following:
a. 0.01 percent 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;
b. For 0.01 percent of the design dry-weather organic treatment capacity of the POTW; and
c. 0.01 percent 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 Section 13.10.070 of this chapter.
C. Certification Statements.
1. Certification of Permit Applications, User Reports, and Initial Monitoring Waiver-The following certification statement is required to be signed and submitted under this ordinance by Users submitting permit applications following Section 13.10.130; Users submitting baseline monitoring reports under Section 13.10.130; Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 13.10.130 [Note: See 40 CFR 403.12(d)]; Users submitting periodic compliance reports required by Section 13.10.190 [Note: See 40 CFR 403.12(e) and (h)], and Users submitting an initial request to forego sampling of a pollutant based on Section 13.10.190(B)(5)[Note: See 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an Authorized Representative as defined in Section 13.10.030:
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,
2. Annual Certification for Non-Significant Categorical Industrial Users-A facility determined to be a Non-Significant Categorical Industrial User by the Wastewater Superintendent according to Section 13.10.130 [Note: See 40 CFR 403.3(v)(2)] must annually submit the following certification statement signed in accordance with the signatory requirements of a duly Authorized Representative of the User [Note: See 40 CFR 403.120(l)]. This certification must accompany an alternative report required by the Wastewater Superintendent:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:
a. The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.10.130; [Note: See 40 CFR 403.3(v)(2)]
b. The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
c. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
3. Certification of Pollutants Not Present-Users that have an approved monitoring waiver based on Section 13.10.190(6) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the User. [Note: See 40 CFR 403.12(e)(2)(v)]
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since the filing of the last periodic report under Section 13.10.190(B).
(Ord. 1526 § 8, 2023: Ord. 1056, 1992)