(A) 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 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the authority a report which contains the information listed in division (2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the authority a report which contains the information listed in division (2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
(a) All information required in § 50.054(E)(1)(a), (c), and (f).
(b) Measurement of pollutants.
1. The user shall provide the information required in § 50.054(E)(1)(g)1. through 4.
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
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 CFR 403.6(e) 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 control authority;
4. Sampling and analysis shall be performed in accordance with divisions (J) and (K) of this section;
5. The 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 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.
(c) Compliance certification. A statement, reviewed by the user's authorized representative as defined in § 50.046 and certified 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 to meet the pretreatment standards and requirements.
(d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. 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 set out in division (B) of this section.
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with division (N)(1) of this section and signed by an authorized representative as defined in § 50.046.
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by division (A)(2)(d) of this section:
(1) The schedule shall contain progress increments 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 pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the authority no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress reports to the authority.
(C) Reports 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 user subject to such pretreatment standards and requirements shall submit to the authority a report containing the information described in § 50.054(E)(1)(f) and (g), and division (A)(2)(b) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 50.049(B). This report shall contain a reasonable measure of the user's long term production rate. For all other 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. All compliance reports must be signed and certified in accordance with division (N)(1) of this section. All sampling will be done in conformance with division (K).
(D) Periodic compliance reports.
(1) Except as specified in division (D)(3) below, all significant industrial users must, at a frequency determined by the authority submit no less than twice per year (June and December or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. Flows shall be reported on the basis of actual measurement provided, however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. 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 authority or the pretreatment standard necessary to determine the compliance status of the user. The authority, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of the reports on months other than those specified above.
(2) The City of Shelbyville may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:
(a) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater;
(b) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit (See § 50.054(E)(1)(h));
(c) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes;
(e) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis;
(f) Any grant of the monitoring waiver by the authority must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the authority for three years after expiration of the waiver;
(g) Upon approval of the monitoring waiver and revision of the user's permit by the authority, the industrial user must certify on each report with the statement in division (N)(3) below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user;
(h) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of division (D)(1) above, or other more frequent monitoring requirements imposed by the authority, and notify the authority; and
(i) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(3) (a) The City of Shelbyville may reduce the requirement for periodic compliance reports (See division (D)(1) and 40 CFR 403.12(e)(1)) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA/state, where the industrial user's total categorical wastewater flow does not exceed any of the following:
1. Four hundred gallons per day; and
2. Organic treatment capacity of the POTW; and
a. Organic matter - 0.63 lbm/day
b. BOD - 0.52 lbm/day
3. Maximum allowable headworks loading.
a. CBOD5 - 0.89 lbm/day
b. TSS - 1.07 lbm/day
c. Ammonia as Nitrogen - 0.15 lbm/day
d. Mercury - 0.88 lbm/day
(b) Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 55.064 of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(4) All periodic compliance reports must be signed and certified in accordance with division (N)(1) of this section.
(5) 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.
(6) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the authority, using the procedures prescribed in division (K) of this section, the results of this monitoring shall be included in the report.
(E) Reports of changed conditions. Each user must notify the authority of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(1) The authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 50.054(E) of this chapter.
(3) The authority may deny/condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by the users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
(F) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within five days following such discharge, the user shall, unless waived by the authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this subchapter.
(3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4) Significant industrial users are required to notify the authority immediately of any changes at its facility affecting the potential for a slug discharge.
(G) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the authority as the authority may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the 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 authority within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(I) Notification of the discharge of hazardous waste. The authority prohibits the discharge of any hazardous waste into the wastewater disposal system or otherwise to the facilities of the authority.
(J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the authority or other parties approved by EPA.
(K) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) Except as indicated in divisions (2) and (3) 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 authority. Where time proportional composite sampling or grab sampling is authorized by the city, 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 the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90 day compliance reports required in divisions (A) and (C) (40 CFR 403.12(b) and (d)), 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 authority may authorize a lower minimum. For the reports required by division (D)(40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(L) Date of receipt of reports. 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 United States Postal Service, the date of receipt of the report shall govern.
(M) Record keeping. Users subject to the reporting requirements of this subchapter 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 established under § 50.049(F)(4). 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 the city, or where the user has been specifically notified of a longer retention period by the authority.
(N) Certification statements.
(1) Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 50.054(G); users submitting baseline monitoring reports under division (A)(2)(e); users submitting reports on compliance with the categorical pretreatment standard deadlines under division (C); users submitting periodic compliance reports required by division (D)(1) through (4), and users submitting an initial request to forego sampling of a pollutant on the basis of division (D). The following certification statement must be signed by an authorized representative as defined in § 50.046.
"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."
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the authority pursuant to § 50.046 and § 50.054(G)(3) must annually submit the following certification statement signed in accordance with the signatory requirements in § 50.046 under significant industrial user division (C). This certification must accompany an alternative report required by the authority:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from ______, ______ to ________, ________ (months, days, year):
1. The facility described as ____________________ [facility name] met the definition of a non significant categorical industrial user as described in § 50.046;
2. The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
3. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
___________________________________
___________________________________”
(3) Certification of pollutants not present. Users that have an approved monitoring waiver based on division (D)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
“Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _______ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 50.057(D)(1) of the city Code of Ordinances.”
(O) Reports of dischargers 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 authority. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard of this subchapter or as determined necessary by the authority. The specific parameters to be monitored shall be prescribed by the authority at the time of approval of the discharge as provided in division § 50.055(B). All analysis shall be performed in accordance with 40 CFR, Part 136, and amendments thereto. (Comment: Where 40 CFR, Part 136, does not include a sampling or 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 Pollutants for Priority Pollutants,” April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the U.S. EPA.)
(1) Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the authority. Where time-proportional composite sampling or grab sampling is authorized by the authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. 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:
(a) For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field;
(b) For volatile organics and oil and grease the samples maybe composited in the laboratory; and
(c) Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the authority, as appropriate.
(2) For sampling required in support of baseline monitoring and 90-day compliance reports required in 40 CFR 403.12 (b) and (d), 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 authority may authorize a lower minimum. For the reports required by 40 CFR 403.12 (e) and (h), the authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(3) If an industrial user subject to the reporting requirement in 40 CFR 403.12 (e) or (h) monitors any regulated pollutant at the appropriate sampling location more frequently than required by the authority, using the procedures prescribed in 40 CFR 403.12 (g)(5), the results of this monitoring shall be included in the report.
(4) Notification of change in flow or waste loadings. Any industrial user which plans to significantly change its waste characteristics must notify the authority 90 days prior to such change and resubmit the disclosure form as outlined in § 50.055(B).
(5) Baseline report. (See 40 CFR Part 403.12(b)).
(a) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made on a category, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW will be required to submit to the control authority a report containing the information listed in 40 CFR Part 403.12(b)(1) through (7).
(b) Upon promulgation of a categorical pretreatment standard, the control authority (either U.S. EPA, state, or POTW) will provide the appropriate 12(b) form for distribution to the industrial users who are affected by the promulgated standard. The industrial users are then required to submit the completed report to the control authority.
(6) Signatory requirement.
(a) All applications, self-monitoring reports, BMR's, compliance reports, disclosure forms or any other pretreatment form report or schedule must contain the following certification statement signed by a responsible corporate official, general partner or proprietor, or other duly authorized representative:
"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."
(b) The duly authorized employee must be an individual or person having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the approval authority prior to or together with the report being submitted.
(Ord. 12-2683, passed 8-20-12)