(A) (1) Monthly monitoring reports shall be submitted to the town by each user issued a permit to discharge. Such reports shall provide the results of required sampling and monitoring activities by the user during the month. All reports shall be accompanied with "chain-of-custody” forms used during the sampling event. Monthly monitoring reports shall be signed and certified by an authorized representative as stated in § 50.136(B) and § 50.164 of this chapter. Reports are due to the town by the tenth day of each month. Monthly monitoring report forms shall be supplied by the town.
(2) (a) Monthly monitoring report forms shall indicate the following information at a minimum:
1. User's name and permit number;
2. Parameters/pollutants to be monitored;
3. Nature and concentration of the pollutants in the discharge;
4. Permitted and measured effluent limits/loadings;
5. Permitted and measured average and maximum daily flows;
6. Daily flow meter readings; and
7. Review comments of town.
(b) Each user shall receive a copy of the reviewed report with town comments.
(3) 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 Chief Operator or the pretreatment standard necessary to determine the compliance status of the user.
(B) All users shall immediately notify the town of discharges that could be considered as an accidental spill, a slug load, a toxic or hazardous discharge, or a discharge which might detrimentally affect the operation or maintenance of the town’s treatment works. The user shall comply with the application provisions under §§ 50.110 through 50.125.
(C) Should sampling activities performed by the user indicate a violation of his or her permit to discharge, this chapter or any national pretreatment standard, the user shall notify the town of such within 24 hours of becoming aware of the violation. The user shall repeat the sampling and submit the results of the repeat analysis to the town within 30 days after becoming aware of the initial violation.
(D) If a user subject to these reporting requirements monitors any pollutants at the sampling location designated in the permit to discharge more frequently than required by the permit, the results of this monitoring shall be included in the monthly monitoring report.
(E) Industrial users not required to obtain a permit to discharge from the town shall submit to the town at least once each year (on date specified by the town) a description of the nature, concentration, and flow of pollutants existing in his or her discharge. Pollutants to be monitored shall be as required by the town. Sampling and monitoring procedures shall be as required in § 50.162 of this chapter.
(F) Existing significant industrial users subject to a national categorical pretreatment standard shall within 180 days after the effective date of such standard or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6 and/or R61 -9 403.6, whichever is later, shall submit to the town a report which contains the information required in 40 CFR 403.12 and/or R61-9 403.12 and other applicable state and federal regulations.
(G) New significant industrial users or users that become significant industrial users subsequent to the promulgation of an applicable national categorical pretreatment standard shall submit to the town a report which contains the information required in 40 CFR 403.12 and/or R61-9 403.12.
(H) Within 90 days following the date for final compliance with applicable national categorical pretreatment standards or, in the case of a new source, following commencement of the discharge of wastewater into the POTW, any user subject to national categorical pre treatment standards and requirements shall submit to the town a report containing the information required in 40 CFR 403.12 and/or R61-9 403.12.
(I) The town may establish mass limitations on those users using dilution to meet applicable national categorical pretreatment standards or in other cases which the town deems appropriate.
(J) (1) The industrial user shall notify the town, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user. An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place within 180 days of the effective date of this regulation. Industrial users who commence discharging after the effective date of this regulation shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j) and/or R61 -9 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e) and/or R61-9 403.12(b), (d), and (e).
(2) Dischargers are exempt from the requirements of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 26 1.30(d) and 26 1.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the town, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this division, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(K) The town 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. 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 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(3) 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 prior to any treatment present at the facility that is representative of all wastewater from all processes.
(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 or at the lowest practical quantitation limit specified by the Department, whichever is lower.
(6) Any grant of the monitoring waiver by the Chief Operator 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 Chief Operator for three years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the user's permit by the Chief Operator, the industrial user must certify on each report with the statement in § 50.164, 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 § 50.162, or other more frequent monitoring requirements imposed by the Chief Operator, and notify the Chief Operator.
(9) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(L) 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.
(M) 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.
(Ord. 11-01, passed 1-3-11; Am. Ord. 19-04, passed 5-6-19; Am. Ord. 22-07, passed 5-2-22; Am. Ord. 23-06, passed 4-4-23)