(A) Compliance schedule reports.
(1) Any user who is not in compliance with the chapter’s limitations or is not meeting categorical pretreatment standards at the time of promulgation of that standard, must develop a compliance schedule containing increments of progress which correspond to specific dates. The increments represent major events leading to the construction and operation of pretreatment equipment required for the user to meet the applicable standard. No increment shall exceed nine months in duration. Users subject to these conditions must submit a progress report to the Director no later than 14 days following each date in the compliance schedule. This report must include whether or not the user complied with the increment of progress to be met on such date, the reason for delay if the date was not met, the date on which the user expects to comply with this increment of progress, and the steps being taken to return to compliance. In no event can more than nine months elapse between progress reports.
(2) 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 USPS, the date of receipt of the report shall govern.
(B) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in division (B)(2) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in division (B)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall provide estimated data on production, flow, presence and quantity of regulated pollutants if actual data is not available.
(2) Users described above shall submit the information set forth below:
(a) Identifying information. The name and address of the facility, including the name of the operator and owner;
(b) Environmental permits. A list of any environmental control permits held by or for the facility;
(c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(d) Flow measurement. Disclosure of average daily wastewater flow rates in gallons per day to the POTW, including daily, monthly and seasonal variations, if any. Include average daily and maximum daily flow in gallons per day from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e). All flows must be measured unless other verifiable techniques are approved by the Director;
(e) Measurement of pollutants.
1. The user shall provide the following information:
a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process;
c. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported; and
d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out forth in § 58.083. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard.
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirement of this division (B)(2)(e).
3. 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 in 40 C.F.R. § 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority.
4. Sampling and analysis shall be performed in accordance with § 58.083.
5. The Director 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 industrial pretreatment measures.
6. 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.
(f) Certification. A statement, reviewed by the user’s authorized representative 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 and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(g) Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements as set forth in division (A) above.
(h) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with division (E) below.
(C) Categorical pretreatment standard compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards, or in case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director a report containing the information described in divisions (B)(2)(d) through (B)(2)(f) above. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the industrial 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 industrial user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with division (E) below. Sampling must be performed in accordance with procedures as set forth in § 58.108(A).
(D) Periodic compliance reports.
(1) All users subject to an applicable pretreatment standard shall, at a frequency determined by the Director but in no case less than four times per year (in April, July, October and January) each covering the previous three-month period, submit a report indicating the nature and concentration, or production and mass where required by the Director, of pollutants in the discharge which are limited by such pretreatment standards. 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 Director or the pretreatment standard necessary to determine the compliance status of the user. Additionally, this report shall include a measured or estimated flow for the reporting period, or in the case of significant industrial users subject to categorical pretreatment standards, shall include a record of measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be postmarked by the fifteenth day of the reporting month, signed and certified in accordance with division (E) below.
(2) All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
(3) If an industrial user subject to the reporting requirements in and of this section monitors any pollutants identified in their permit more frequently than required by their permit, using the procedures prescribed in §§ 58.083 and 58.108(A), the results of this monitoring shall be included in the report.
(4) Periodic compliance reports may be waived by the Director if the District chooses to monitor the industrial user’s required wastewater discharge and no process wastewater is discharged to the District’s POTW.
(5) All discharge monitoring and analysis shall be performed in accordance with § 58.083.
(6) If industrial user sampling and analysis indicates a violation, the industrial user shall report to the District in accordance with § 58.140(A).
(E) Signatory requirement. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user. The above reports shall contain the certification statement as set forth in 40 C.F.R. § 403.6(a)(2)(ii), and shall be signed by an authorized representative of the industrial user, whom meets the signatory requirements as defined in 40 C.F.R. § 403.12(1).
(1) If the designation of an authorized representative 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 written authorization satisfying the requirements of this section must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
(2) The following certification statement is required to be signed and submitted by users submitting permit applications, baseline monitoring reports, compliance reports with the categorical pretreatment standard deadlines, all periodic compliance reports and initial request to forego sampling of a pollutant. The following certification statement must be signed by an authorized representative as defined in § 58.002:
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.
(F) Wastewater survey. When requested by the City Sanitary District and/or Director, all IUs must submit information on the nature and characteristics of their wastewater by completing a survey. The Director is authorized to prepare a form for this purpose and may require IUs to update this information. Failure to complete this survey shall be considered a violation of the sewer use ordinance and may result in penalties found.
(Prior Code, § 54.57) (Ord. 72-2007, passed - -) Penalty, see § 58.999