(A) The Pretreatment Coordinator may require significant industrial users to submit at least once every six months, unless required more frequently by the industrial user permit (or on dates specified in the industrial user permit), a report indicating, at a minimum, the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards or the discharge permit. The report shall also include the chain-of-custody (COC) forms, field data and any other information required by the Superintendent. In addition, the Pretreatment Coordinator may require the submittal on the report of a record of all daily flows. At the discretion of the Pretreatment Coordinator and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Pretreatment Coordinator may agree to alter the months during which the above reports are to be submitted. All periodic compliance reports must be signed and certified in accordance with 40 C.F.R. § 403.12 and § 52.101 of this chapter.
(B) (1) 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. All analyses shall be performed by a laboratory acceptable to the city. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 and amendments thereto and 40 C.F.R. part 261 or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator. Except as indicated in divisions (B)(2)(a) and (B)(2)(b) 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 the Superintendent, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. 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 composting procedures as documented in approved EPA methodologies may be authorized by the Superintendent, as appropriate.
(2) In addition, grab samples may be required to show compliance with instantaneous limits:
(a) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques; and
(b) For sampling required in support of baseline monitoring and 90-day compliance reports required in 40 C.F.R. § 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 Superintendent may authorize a lower minimum.
(3) For the reports required by 40 C.F.R. § 403.12(e) and (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.
(C) Where 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant(s) 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 Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA Administrator.
(D) A baseline monitoring report (BMR) must be submitted to the Pretreatment Coordinator by all categorical industrial users at least 90 days prior to initiation of discharge to the sanitary sewer. Submittal of the permit application required by the city shall also satisfy this requirement. The BMR or permit application must contain, at a minimum, the following:
(1) Production data. A process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable) and a schematic which indicates points of discharge to the sewer system;
(2) Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility;
(3) Wastewater characteristics: total plant flow; types of discharges; average and maximum flows from each process;
(4) Nature/concentration of pollutants: analytical results for all pollutants regulated by this chapter and/or any applicable federal pretreatment standard and sample type and location. All analyses must conform with 40 C.F.R. part 136 and amendments thereto;
(5) Information concerning any pretreatment equipment used to treat the facility’s discharge;
(6) Compliance certification. A statement, reviewed by the user’s authorized representative as defined in § 52.002 of this chapter 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; and
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest 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 this section.
(E) New sources shall give estimates of the information requested in divisions (C) and (D) above, but at no time shall a new source commence discharge(s) to the public sewer of substances that do not meet provisions of this chapter. All new sources must be in compliance with all provisions of this chapter, state and federal pretreatment regulations prior to commencement of discharge to the public sewer.
(F) Compliance schedule progress reports. The following conditions shall apply to all compliance schedules required by this chapter.
(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.
(2) No increment referred to above shall exceed nine months.
(3) The user shall submit a progress report to the Superintendent 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 in no event shall more than nine months elapse between such progress reports to the Superintendent.
(G) Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 as may be required. 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 automatically be 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 by the Superintendent.
(H) (1) The Superintendent may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the U.S. EPA or the state, where the industrial user’s total categorical wastewater flow does not exceed any of the following:
(a) Five thousand gallons per day or 0.01% of the WWTP’s dry-weather design hydraulic capacity, whichever is smaller, as measured by a continuous flow monitoring device unless the user discharges in batches;
(b) One-one hundredths percent of the design dry-weather organic treatment capacity of the WWTP; and
(2) Reduced reporting is not available to industrial users that have in the last two years been in significant non-compliance as defined in § 52.099 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.
(Ord. 013-137, passed 6-24-2013)