913.22   DATA DISCLOSURE REQUIRED FOR INDUSTRIAL DISCHARGES.
   (a)   Compliance. All industrial dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this chapter. All existing industrial dischargers connected to or discharging to the POTW shall also comply with all terms of this chapter.
   (b)   Wastewater Discharge Data Disclosure. Industrial dischargers shall complete and file with the Utilities Director, a disclosure declaration in the form prescribed by the Director, and accompanied by the appropriate fee. Existing industrial dischargers shall file disclosure forms within 90 days after effective date of this section, and proposed new dischargers and existing dischargers who plan to modify their processes and/or wastewater characteristics shall file their disclosure forms at a time mutually agreeable between the City and discharger but more than 90 days prior to any connection or change. The disclosure to be made by the discharger shall be made on forms provided by the Director and shall cover:
      (1)   Disclosure of name, address and location of the discharger.
      (2)   Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
      (3)   Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this chapter.
      (4)   Disclosure of time and duration of discharges.
      (5)   Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the Utilities Director due to cost or non-feasibility.
      (6)   Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes sampling chambers and appurtenances by size, location and elevation.
      (7)   Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City.
      (8)   Disclosure of each type of product produced.
      (9)   Disclosure of the type and amount of raw materials utilized (average and maximum per day).
      (10)   Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis. This disclosure shall include a list of Best Management Practices (BMPs), equipment, facilities, and operating procedures in place to prevent releases and discharges of prohibited substances. Industrial dischargers shall notify the POTW immediately of any changes at its facility affecting potential for a slug discharge. The Slug Load Discharge Control Plan is part of this disclosure requirement and must be reviewed at least once per permit cycle.
      (11)   Disclosure of additional operation and maintenance activities and/or additional pretreatment if consistent compliance is not being achieved. A compliance schedule shall be provided in accordance with subsection (d) hereof.
      (12)   New industrial categorical users shall complete a baseline monitoring report in accordance with Section 913.25.
      (13)   Monitoring Waivers: The City may authorize, at its discretion, an industrial user subject to a categorical pretreatment standard, except for centralized waste treatment facilities regulated by and defined in 40 C.F.R. 437, 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 City may authorize a waiver 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.   A monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The industrial user shall submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism;
         C.   In making a demonstration that a pollutant is not present, the industrial user shall 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. The request for a monitoring waiver shall be signed in accordance with paragraph (F) of rule 3745-3-06 of the Administrative Code, and include the certification statement in 40 C.F.R. 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method from 40 C.F.R. 136 with the lowest method detection limit for that pollutant was used;
         D.   The City shall include any monitoring waiver as a condition in the industrial user's control mechanism;
         E.   The reasons supporting any monitoring waiver and any information submitted by the user in its request for the waiver shall be maintained by the City for three years after expiration of the waiver;
         F.   Upon approval of the monitoring waiver and revision of the industrial user's control mechanism by the City, the industrial user shall certify on each periodic compliance monitoring report required by paragraph (E) of rule 3745-3-06 of the Administrative Code with the following statement:
            "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant or pollutants] in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Administrative Code."
         G.   In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user's operations, the user shall be required to immediately:
            1.   Notify the City in writing; and
            2.   Comply with the monitoring requirements specified in the POTW's pretreatment program;
         H.   The provision for a monitoring waiver does not relieve the industrial user of any other certification processes and requirements established by the City or in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
      (14)   All disclosure forms shall be signed by a principal executive officer of the discharger.
   (c)   Evaluation and Approval. The Utilities Director will evaluate the completed disclosure forms and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the Director shall notify the discharger of the Director's acceptance thereof.
   (d)   Compliance Schedule. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger may be required to provide a compliance schedule in accordance with Section 913.33(d).
(Ord. A-1742. Passed 1-22-90; Ord. A-2142. Passed 11- -98; Ord. A-2698. Passed 10-24-11; Ord. A-2743. Passed 12-10-12; Ord. A-2773. Passed 11-11-13; Ord. A-2788. Passed 6-23-14; Ord. A-3022. Passed 10-26-20.)