(a) Reporting Requirements for Industrial User. Any user subject to a Pretreatment Standard set forth in this chapter shall submit to the Village 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 Village's sewage works, and thereafter during the months of June and December, unless required more frequently by the Village, 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 Village may accept reports of average and maximum flows estimated by verifiable techniques. The Administrator, for good cause shown and considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of such reports on months other than those specified above.
(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 Village. The frequency of monitoring by the user shall be as prescribed in the applicable Pretreatment Standard of this chapter. All analysis shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. 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 Administrator 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 Administrator. The results of the analysis shall be reported to the Village on a periodic basis on forms provided for by the Village. The Village shall make its own analysis on the wastes, and this determination shall be binding as a basis for charges, except as follows:
A. In case the analyses performed by the industry and the Village result in substantially different values, an effort shall be made by the industry to collect samples at the same time the Village collects its own samples. The results of the analyses of the samples collected by the Village and the industry shall be compared using the same testing procedures and the differences negotiated.
(2) Reports shall state whether 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) If an industrial user's sampling data indicates a violation, the industrial user shall notify the Administrator within twenty-four (24) hours of becoming aware of the violations as per 40 CFR 403.12(g)(2) and amendments thereto. The user shall re-sample and submit to the Administrator the results of the re-sampling 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 a subsequent sampling shows the results to be in compliance.
(4) Required reports shall be based on data outlined during the period covered by the report and on an amount of sampling appropriate for that industrial user as per 40 CFR 403.12(g)(3) and amendments thereto.
(5) Results of additional monitoring, at Village designated monitoring sites beyond the minimum required, shall be included in the reports required during the same period as per 40 CFR 403.12(g)(5) and amendments thereto.
(b) 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 Village, except as herein provided in this section.
(1) If the person discharging industrial wastes into the public sewers procures any part, or all, of this water from sources other than the Village water system, all or part of which is discharged into the public sewer, the person shall install and maintain at his expense water meters of a type approved by the Administrator for the purpose of determining the volume of water obtained from those other sources.
(2) The person discharging industrial wastes into the public sewers may install and maintain at his own 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 Village.
(3) The Village may require the installation of devices for the measuring of the volume of waste discharged if these volumes cannot otherwise be determined from the metered water consumption records.
(4) Any metering device for determining the volume of waste discharged to the public sewer shall be installed, owned, and maintained by the person. Following approval and installation, such meters may not be removed without the consent of the Administrator.
(c) Compliance Schedule. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts to achieve compliance with this chapter. Under no circumstances shall the Village permit a time increment for any single step directed toward compliance which exceeds nine (9) months. Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the Administrator. This report shall include no less than a statement as to whether or not the user has complied with the increments of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, or the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the Village.
(d) Signatory Requirements. All reports under this section shall include a certification statement as required in 40 CFR 403.6(a)(2)(ii) and amendments thereto. Additionally all reports are to be signed by:
(1) A president, secretary, treasurer, or vice president of a corporation;
(2) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or
(3) A duly authorized representative of the above if the authorization is previously made in writing to the Administrator.
(e) Confidential Information. Information and data furnished to the Village with respect to the nature and frequency of discharge 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 Village that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or secret processes or proprietary information of the user. When requested by a user furnishing a report, 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 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; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Village as confidential shall not be transmitted to any governmental agency or to the general public by the Village until and unless a ten (10) day notification is given to the user.
(f) Changes in the Wastewater. All industrial users shall promptly notify the Administrator at least two (2) 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 flows or mass of pollutants of more than twenty (20) percent above or below daily average flow or mass.
(g) Monitoring Facilities. The Village may require any industrial 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 Village 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 Village may permit the facility to be constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, and such 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 Village within sixty (60) days of receipt of request for installation by the user. Construction shall be completed within ninety (90) days of receipt of permit by the user.
(h) Inspection and Sampling.
(1) The Village may inspect the facilities of any user to determine compliance with the requirements of this chapter. The user shall allow the duly authorized employee(s) of the Village bearing proper identification to enter upon the premises of the user at all reasonable hours, without delay, for the purpose of inspection, observation, measurement, sampling, or records examination. 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 Village 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 Village.
(2) All information in the possession of the owner bearing on the industrial, commercial, or other processes which, in the judgment of the Administrator, affect the sewage works or system, shall be made available to the Administrator or his authorized representative.
(i) Record Retention. All users subject to this chapter shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment, or any other enforcement or litigation activities brought by the Village pursuant hereto, shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Ord. 10-96. Passed 3-25-96.)