(a) Baseline Report (For Categorical Dischargers Only).
(1) Industrial users subject to national categorical pretreatment standards shall submit baseline reports to the POTW in a form prescribed and furnished by the POTW.
(2) Within 180 days after the effective date of a national categorical pretreatment standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 CFR 403.6(a)(4), whichever is later, industrial users which are existing sources subject to such national categorical pretreatment standards and currently discharging to the POTW shall submit a properly completed baseline report.
(3) New sources, when subject to a national categorical pretreatment standard, shall submit a baseline report at least ninety days prior to commencement of discharge to the POTW.
(4) In support of the baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
A. Name and address of the facility, including the name of the operator and owners.
B. List of any environmental control permits held by or for the facility.
C. Brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
D. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
1. Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations.
2. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four hour composite sampling must be obtained through flow-proportional composite sampling unless the industrial user demonstrates that flow-proportional sampling is infeasible. In such cases sampling may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
3. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph.
4. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the POTW.
E. The industrial user shall provide a statement reviewed by an authorized representative of the industrial user and certified by a qualified professional indicating whether national categorical pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance measures (O&M) or additional pretreatment is required for the industrial user to meet the national categorical pretreatment standards.
F. If additional pretreatment or O&M will be required to meet the national categorical pretreatment standards, the industrial user will provide the shortest schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standard.
1. Where the industrial user's national categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula (40 CFR 403.6(e)) or net gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline report, the information required in paragraph (a)(4)F. and G. hereof shall pertain to the modified limits.
2. If the national categorical pretreatment standard for the industrial user is modified after the baseline report is submitted, the industrial user shall make any necessary amendments to information provided as a response to paragraph (a)(4)F. and G. hereof and submit them to the POTW within sixty days after the modified limit is approved.
G. The following conditions shall apply to any schedule submitted in response to paragraph (a)(4)F. hereof:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable national categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.).
2. No increment referred to in paragraph (a)(4)G.1. hereof shall exceed nine months.
3. Not later than fourteen days following each date in the schedule and the final date for compliance. the user shall submit a progress report to the POTW, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the POTW.
H. Such other information as may be reasonably requested by the POTW.
(b) Compliance Date Report. Within ninety 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 POTW, any user subject to categorical pretreatment standards shall submit to the POTW a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by such standards and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. Where equivalent mass or concentration limits are established by the POTW for a user, this report shall contain a reasonable measure of the user's long-term production rate. Where a user is subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, the report shall include the user's actual production during the appropriate sampling period. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user, and certified to be a qualified professional.
(c) Periodic Compliance Reports.
(1) Any user subject to a categorical pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the POTW during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in paragraph (c)(2) hereof.
At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2) The POTW may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by paragraph (c)(1) hereof shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and the mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards.
(3) For industrial users subject to equivalent mass or concentration limits established by the POTW in accordance with the procedures in 40 CFR 403.6(c), the report required by paragraph (c)(1) hereof shall contain a reasonable measure of the user's long term production rate. For all other industrial 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 paragraph (c)(1) hereof shall include the user's actual average production rate for the reporting period.
(4) Significant noncategorical industrial users shall submit to the POTW at least once every six months (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority.
(d) Monitoring and Analysis in Support of Self-Monitoring Requirements.
(1) The reports required by subsections (a) through (c) and (e) hereof shall be based on samplings and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods, including procedures suggested by the POTW or other persons approved by the Administrator. This sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW itself collects all the information required for the reports, the significant industrial user will not be required to submit the report.
(2) If sampling performed by an industrial user indicates a violation, the user shall notify the POTW within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling analysis and submit the results of the repeat analysis to the POTW within thirty days after becoming aware of the violation, except the industrial user is not required to resample if:
A. The POTW performs sampling at the industrial user at a frequency of at least once per month; or
B. The POTW performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(3) The reports required in paragraphs (c)(1) and (4) hereof 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 POTW shall require the frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(4) If an industrial user subject to the reporting requirements in subsections (a) through (c) and (e) hereof monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(5) The reports required by subsections (a) through (c) and (e) hereof shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed by an authorized representative.
(e) Reporting Requirements for Nonsignificant Industrial Users. The POTW shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards and are not otherwise deemed by the POTW to be significant.
(f) Hazardous Waste Notification.
(1) Any industrial user, except as specified in Section 1046.13, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 49 CFR Part 261, shall notify the POTW in writing of such discharge.
(2) All hazardous waste notifications shall include:
A. The name of the hazardous waste as set forth in 40 CFR Part 361;
B. The EPA hazardous waste number;
C. The type of discharge (continuous, batch, or other); and
D. A certification that the user 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.
(3) In addition to the information submitted pursuant to paragraph (f)(2) hereof, industries discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall report to the POTW, to the extent such information is known and readily available to the industrial user:
A. An identification of the hazardous constituents contained in the waste:
B. An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and
C. An estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve months.
(4) Hazardous waste notifications shall be submitted no later than thirty days after the date of the adoption of this chapter or thirty days prior to the proposed discharge. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notification of changed discharges must be submitted under Section 1046.05(e).
(5) Industrial users are exempt from the hazardous waste notification requirement during a calendar month in which they discharge fifteen kilograms or less of non-acute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR Sections 261.30(d) and 261.33(e) requires a one time notification.
(Ord. 22C. Passed 4-15-96.)