(A) Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewage works, POTW or the WWTP, any nondomestic user subject to pretreatment standards and requirements shall submit to the Director and/or YCUA a report containing the information required in divisions (B)(5) and (B)(6) below. For industrial users subject to equivalent mass or concentration limits established by YCUA in accordance with the procedures in R 323.2311(5) of the Part 23 Rules promulgated under the State Act or otherwise established by the Act or the State Act or rules promulgated thereunder, the report shall contain a reasonable measure of the nondomestic user’s long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report shall include the nondomestic user’s actual production during the appropriate sampling period.
(B) The YCUA may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases in which the imposition of mass limitations is appropriate.
(C) All of the following provisions shall apply to periodic reports on continued compliance.
(1) Any nondomestic user subject to a categorical pretreatment standard after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the publicly owned treatment works shall submit, to the YCUA semiannually, unless required more frequently in the pretreatment standard or by the YCUA, a report indicating the nature and concentration of pollutants in the effluent that are limited by the categorical pretreatment standards. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in § 54.017, except that YCUA may require more detailed reporting of flows.
(2) Where YCUA has imposed mass limitations on nondomestic users as provided for by R 323.2311(5) of the Part 23 Rules promulgated under the State Act or where such limitations are otherwise established by the Act or the State Act or Rules promulgated thereunder, the report required by division (C)(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the nondomestic user.
(3) For nondomestic users subject to equivalent mass or concentration limits established by the YCUA or under the Act or the State Act or Rules promulgated thereunder, the report required by division (C)(1) above shall contain a reasonable measure of the nondomestic user’s long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report required by division (C)(1) immediately above shall include the nondomestic user’s actual average production rate for the reporting period.
(D) All categorical and non-categorical nondomestic users shall notify the YCUA immediately of all discharges that could cause problems to the POTW, including any slug loadings.
(E) All of the following provisions apply to significant industrial users that are categorical industrial users or non-categorical users in regards to monitoring and analysis to demonstrate continued compliance:
(1) The reports required in § 54.017 or this subchapter or in this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the YCUA, of pollutants contained in the discharge that are limited by the applicable pretreatment standards. The sampling and analysis may be performed by the YCUA instead of the nondomestic user. Where the YCUA elects to perform the required sampling and analysis instead of the nondomestic user, the nondomestic user will not be required to submit the compliance certification required under § 54.017 and division (A) above. In addition, where the YCUA collects all the information required for the report, including flow data, the nondomestic user will not be required to submit the report. The YCUA shall provide, to the nondomestic user, within ten days after the results are available, the results of any sampling the YCUA performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. Any certification required by a categorical pretreatment standard shall be included with the semiannual compliance reports.
(2) If sampling performed by a nondomestic user indicates a violation of pretreatment standards, the nondomestic user shall notify the YCUA within 24 hours of becoming aware of the violation. The nondomestic user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the YCUA within 30 days after becoming aware of the violation; however, the nondomestic user is not required to resample if the YCUA performs sampling at the nondomestic user at a frequency of at least once per month or if the YCUA performs sampling at the nondomestic user between the time when the nondomestic user performs its initial sampling and the time when the nondomestic user receives the results of the sampling.
(3) The reports required in division (C) above shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The YCUA may require a frequency of monitoring that is necessary to assess and assure compliance by nondomestic users with applicable pretreatment standards and requirements.
(4) All analyses shall be performed in accordance with procedures established by the E.P.A. pursuant to § 304(h) of the Clean Water Act, being 33 U.S.C. § 1314(h), and contained in 40 C.F.R. part 136 (March 26, 2007) or with any other test procedures approved by the E.P.A. Sampling shall be performed in accordance with the techniques approved by the E.P.A. Where the provisions of 40 C.F.R. part 136 (March 26, 2007) do not include sampling or analytical techniques for the pollutants in question, or where the E.P.A. determines that the part 136 (March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the YCUA or other parties and approved by the E.P.A.
(5) If a nondomestic user monitors any pollutant more frequently than required by the YCUA using the procedures prescribed in division (E)(4) above, the results of the monitoring shall be included in the report.
(6) A minimum of one grab sample shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques. The YCUA may waive flow-proportional composite sampling for any nondomestic user that demonstrates that time-proportional sampling is representative of the discharge during the sampling period. Samples obtained through time-proportional composite sampling techniques or through a minimum of four grab samples may be approved by the Director or designee when the user demonstrates that this will provide a representative sample of the effluent being discharged.
(F) The YCUA may require appropriate reporting from nondomestic users that have discharges, which are not subject to categorical pretreatment standards. Significant industrial users shall submit, to the YCUA, at least semiannually, a description of the nature, concentration, and flow of the pollutants required to be reported by the YCUA. The reports shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in 40 C.F.R. part 136 (March 26, 2007). Where the provisions of 40 C.F.R. part 136 (March 26, 2007) do not contain sampling or analytical techniques for the pollutant in question, or where the E.P.A. determines that the part 136 (March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the YCUA or other persons and approved by the E.P.A. The sampling and analysis may be performed by the YCUA instead of the significant industrial user. Where the YCUA collects all of the information required for the report, the significant industrial user will not be required to submit the report. The YCUA shall provide, to the nondomestic user, within ten days after the results are available, the results of any sampling it performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. Where YCUA performs sampling for a significant industrial user, YCUA must perform any required repeat sampling and analysis within 30 days of becoming aware of a violation.
(G) All periodic compliance reports shall be certified and signed by the authorized representative of the industrial user. The authorized representative shall state the following certification when submitting the periodic compliance reports to YCUA: “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, including the possibility of fine and imprisonment for knowing violations.”
(Prior Code, § X-3.46)