(A) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administration decision made upon a category determination submission under § 53.058, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge wastewater shall submit to the Control Authority a report which contains the information set below. (Where reports containing this information have been submitted to the regional administrator in compliance with the requirement of 40 CFR 128.140(b) the information need not be submitted again).
(B) (1) At least 90 days prior to commencement of discharge, new sources shall be required to submit to the Control Authority a report which contains the information set out below. New sources shall also include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.
(2) New sources shall give estimates of the information requested in divisions (C)(4) and (5) of this section.
(C) Required information.
(1) Identifying information. The user shall submit the name address of the facility, including the name of the operator and owners;
(2) Permits. The user shall submit a list of any environmental control permits held by the facility;
(3) Description of operation. The user shall submit a brief description of nature, average rate of production and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Flow measurement.
(a) The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
1. Regulated process streams; and
2. Other streams necessary to allow use of the combined wastestream formula of 40 CFR § 403.6(e). (See § 53.078).
(b) The Control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) Measurement of pollutants.
(a) The user shall identify the pretreatment standards applicable to each regulated process;
(b) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the Standard or Control Authority) of regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The samples shall be representative of daily operations;
(c) 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, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Control Authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples 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 charged;
(d) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division;
(e) 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 wastestream formula of 40 CFR § 403.6(e) in order to evaluate the 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 Control Authority;
(f) Sampling and analysis shall be performed in accordance with the techniques prescribed 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 and analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator;
(g) The Control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for pretreatment measures;
(h) The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(6) Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and
(7) Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(8) Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the schedule required by division (C)(7) of this section:
(a) 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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like).
(b) No increment referred to in division (C)(8)(a) of this section shall exceed nine months.
(c) Not later than 14 days following each date in the scheduled and the final date for compliance, the industrial user shall submit a progress report to the Control Authority 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 Control Authority.
(9) Report on compliance with categorical pretreatment standard deadline. 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 POTW, any industrial users subject to pretreatment standards and requirements shall submit to the Control Authority a report containing the information described in division (C)(1) through (8) of this section. For industrial users subject to equivalent mass or concentration limits established by the Control Authority in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.
(10) Periodic reports on continued compliance.
(a) Any industrial users 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 Control Authority during the months of June and December, unless required more frequently in the pretreatment standard or the Control Authority or the Approval Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards, In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in division (C)(5) of this section except that the Control Authority may require more detailed reporting of flows. 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 Superintendent or the pretreatment standard necessary to determine compliance. At the discretion of the Control Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the Control Authority may agree to alter the months during which above reports are to be submitted.
(b) Where the Control Authority has imposed mass limitations on industrial users as provided for by CFR § 403.6(d) the report required by division (C)(10)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(c) For Industrial users subject to equivalent mass or concentration limits established by the Control Authority in accordance with the procedures in CFR § 403.6(c), the report required by this division (C)(10) 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 this division (C)(10) shall include the user’s actual average production rate for the reporting period.
(11) Net/gross calculations. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user’s intake water in accordance with the following:
(a) Any industrial user wishing to obtain credit for intake pollutants must make application to the Superintendent. Upon request of the industrial user, the applicable pretreatment standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of division (C)(11)(b) of this section are met:
(b) Criteria.
1. The industrial user must demonstrate that the control system is proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in intake waters.
2. Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease will not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user’s effluent are substantially similar to the constituents of the generic measure in the intake water, or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
3. Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.
4. Credit shall only be granted if the user demonstrates that the intake water is drawn from the same body of water as that into the POTW discharges. The Superintendent may waive this requirement if he or she finds that no environmental degradation will result.
(12) Notice of potential problems, including slug loading. All categorical and non-categorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined by 40 CFR § 403.5(b), by the industrial users.
(13) Monitoring and analysis to demonstrate continued compliance.
(a) The reports required in division (C)(10) of 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 Control Authority of pollutants contained therein which are limited by the applicable pretreatment standards.
(b) If sampling performed by an industrial user indicates a violation, the user shall notify the Control Authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within 30 days after becoming aware of the violation.
(c) The reports required in division (C)(10) of this section 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 Control Authority shall require that frequency of monitoring necessary to assess and assure compliance by the industrial users with applicable pretreatment standards and requirements.
(d) All analysis shall be performed in accordance with procedures established by the administrator pursuant to § 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. (See, 40 CFR §§ 136.4 and 136.5). Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants 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 using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the administrator. 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.
(e) Except as indicated in divisions (C)(13)(f) and (g) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized by Richmond Utilities, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by Richmond Utilities as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(f) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(g) For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, [the Superintendent] may authorize a lower minimum. For periodic compliance reports, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(h) If an Industrial user subject to the reporting requirements in division (C)(10) of this section monitors any pollutant more frequently than required by the Control Authority, using the procedures prescribed in division (C)(5) of this section, the results of this monitoring shall be included in the report.
(14) Conversion to equivalent limitations.
(a) When limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Control Authority may convert the limits to equivalent limitations expressed as either mass of pollutant discharged per day of effluent limitations applicable to Individual industrial users. Any equivalent limitations under this section shall be calculated according to 40 CFR § 403.6(c).
(b) Any industrial user operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the control Authority within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Control Authority of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long term average production rate.
(15) Reporting requirements for industrial users not subject to categorical pretreatment standards. Industrial users with discharges that are not subject to categorical pretreatment standards shall submit compliance reports periodically. The reporting format and frequency shall be a condition of the wastewater contribution permit. The compliance report must be based on data obtained during the period covered by the report and on an amount of samples appropriate for that particular industrial user.
(16) Notification of changed discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge.
(17) Signatory requirements for industrial user reports. The reports required by divisions (C)(10) through (14) of this section shall include the certification statement as set forth in § 403.6(a)(2)(h), and shall be signed as follows:
(a) By a responsible corporate officer, if the industrial user submitting the reports required by divisions (C)(10) through (14) of this section is a corporation. For the purpose of this division, a RESPONSIBLE CORPORATE OFFICER means (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other persons who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 collars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) By a general partner or proprietor if the industrial user submitting the reports required by divisions (C)(10) through (14) of this section is a partnership or sole proprietorship respectively.
(c) By a duly authorized representative of the individual described in subdivisions (a) or (b) of this subdivision (17) if:
1. The authorization is made in writing by the individual described in subdivision (a) or (b) of this subdivision (17);
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matter for the company;
3. The written authorization is submitted to the Control Authority.
4. If an authorization under division (C)(17)(c) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of division (C)(17)(c) of this section must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
(18) Record-keeping requirements. Any industrial user subject to the reporting requirements in this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(b) The dates analyses were performed;
(c) Who performed the analysis;
(d) The analytical techniques/methods used; and
(e) The results of each analyses.
(19) Any industrial users subject to the reporting requirements established in this section shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director and the regional administrator (and POTW in the case if an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial users or when requested by the director or regional administrator.
(20) Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this subchapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or Richmond Utilities, or where the user has been specifically notified of a longer retention period by the Superintendent.
(21) Provisions governing fraud and false statements. The reports required by this section are subject to the provisions of 18 U.S.C. § 1001 relating to fraud and false statements and the provisions of § 309(c)(2) of the Act governing false statements, representations, or certifications in reports required under the Act.
(Ord. 95-08, passed 3-7-95; Am. Ord. 11-30, passed 12-13-11; Am. Ord. 13-25, passed 11-12-13)
Penalty, see § 53.999