(a) Baseline Monitoring Reports.
(1) Categorical industrial users are required to submit to the City a baseline report, as described in paragraph (b) of this rule. The baseline report shall include the following contents, as applicable, and be submitted to the City through the Data Disclosure Form process as described in Section 913.22.
A. Existing industrial users subject to such categorical standards and currently discharging to, or intending to discharge to a POTW shall submit to the control authority a baseline report which contains the information listed in paragraphs (b)(1) to (b)(8) of this rule. The industrial user shall submit this information to the City within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under paragraph (H) of rule 3745-3-09 of the Administrative Code, whichever is later.
B. New sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in paragraphs (b)(1) to (b)(6) of this rule at least 90 days prior to commencement of discharge. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in paragraphs (b)(4) and (b)(5) of this rule.
(2) Where the industrial user's categorical pretreatment standard has been modified by a removal allowance, fundamentally different factor variance, or the combined wastestream formula under paragraph (I)(l) of rule 3745-3-09 of the Administrative Code, at the time the user submits the baseline report the information required by paragraphs (b)(6) and (b)(7) of this rule shall pertain to the modified limits.
(3) If the applicable categorical pretreatment standard is modified by a removal allowance, fundamentally different factor variance, or the combined wastestream formula under paragraph (I)(1) of rule 3745-3-09 of the Administrative Code after the user submits the baseline report, any necessary amendments to the information requested by paragraphs (b)(6) and (b)(7) of this rule shall be submitted by the user to the control authority within 60 days after the modified limit is approved.
(b) Baseline Report Requirements. The baseline report required by paragraph (a) of this rule shall contain all of the following information:
(1) The name and address of the facility, including the name of the operator and owners.
(2) A list of any environmental control permits held by or for the facility.
(3) A brief description of the nature, average rate of production, and standard industrial classification of the operation carried out by such industrial users. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from both of the following:
A. Regulated process streams.
B. Other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. 403.6. The City 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. 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 pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a BMP or a pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard.
C. The user shall take a minimum of one representative sample from each sampling location, as approved by the control authority, to comply with the requirements of this paragraph.
D. Sampling and analyses shall be performed in accordance with paragraph (G) of the Administrative Code 3745-3-06.
E. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis.
F. The City 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) A statement, reviewed, signed, and certified by an authorized representative of the industrial user, as defined in paragraph (i) of this rule, certifying that the information reported is representative of normal work cycles and expected pollutant discharges to the POTW.
(7) A statement, reviewed, signed, and certified by an authorized representative of the industrial user, as defined in paragraph (i) of this rule, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance, or additional pretreatment is required by the industrial user to meet the pretreatment standards and requirements.
(8) If additional pretreatment operation and maintenance, or both, will be required to meet the categorical pretreatment standards, the shortest schedule by which the industrial user will provide such additional measures. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(9) The schedule required by paragraph (b)(8) of this rule 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, executive contract for major components, commencing construction, completing construction, etc). No increment shall exceed nine months.
(10) Not later than 14 days following each date in the schedule required by paragraph (b)(8) of this rule and the date for final compliance with the applicable categorical pretreatment standard or standards, the industrial user shall submit a progress report to the City including, at a minimum, whether or not compliance with the increment of progress has been met on such date and, if not, the date on which compliance with this increment of progress is expected, 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 City.
(c) Initial Compliance Report. 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 user subject to categorical pretreatment standards shall submit to the City a report containing the information described in paragraphs (b)(4) to (b)(7) of this rule. For industrial users subject to equivalent mass or concentration limits established by the City in accordance with the procedures in paragraph (I) of rule 3745-3-09 of the Administrative Code, 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.
(d) Periodic Compliance Reports. Any significant industrial user discharger subject to a Categorical Pretreatment Standard or local limits set forth in this chapter, after the compliance date of such pretreatment standard, or in the case of a new discharger, after commencement of the discharge to the City, or subject to discharge limitations as defined by Section 913.21(g), shall submit to the City during the months of July and January, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof.
Cost for the monitoring and analysis shall be borne by the discharger. The Utilities Director for good cause shown may authorize the submission of such reports on months other than those specified above.
(e) Local Limits. The Utilities Director may require the discharger to self-monitor its flow and analyze its characteristics, to properly define the concentration of various pollutants, and to ascertain compliance with the limits defined in Section 913.21(c). Cost for all self-monitoring efforts shall be borne by the discharger.
(f) Operating upsets.
(1) Any discharger which experiences an upset in operations or causes the discharge of a slug load, which places the discharger in a temporary state of noncompliance with this chapter shall immediately inform the Utilities Director or his or her designee as listed in the discharge permit by telephone.
(2) A written follow-up report thereof shall be filed by the discharger with the Director within five days. The report shall specify:
A. Description of the upset, the cause thereof and the upset’s impact on a discharger’s compliance.
B. Duration of noncompliance, including exact dates and times of noncompliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur.
C. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
(3) A documented and verified operating upset may be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter, which arises out of violations alleged to have occurred during the period of the upset.
(4) BMP compliance reporting. Industrial users shall submit documentation indicating compliance with any and all best management practices established by Section 913.21(e) to prevent releases and discharges of prohibited substances. Reports must be received by January 10 and July 10 for the preceding six months, and submitted to the Industrial Pretreatment Coordinator. Failure to abide by any best management practices can result in a finding of significant non-compliance.
(g) Notice to City.
(1) All industrial users shall notify the Utilities Director at least 30 days in advance of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater characteristics of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. 403.12(p).
(2) Slug load discharges.
A. As defined in Section 913.20, “No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local Pretreatment Standards or Requirements.”
B. All industrial users are required to notify the City if there is a change to the potential for a slug load discharge to occur.
(h) Reports of All Monitoring. If an industrial user subject to the reporting requirements described in any Federal Categorical Regulation, or as described in Section 913.21(g), monitors any pollutant more frequently than required, the results of this monitoring shall be included in the semiannual report. If sampling performed by an industrial user indicates a violation, the user shall notify the City within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit to the City the results of the resampling within 30 days after becoming aware of the violation. However, the industrial user is not required to resample if:
(1) The City performs sampling at the industrial user at a frequency of at least once per month; or
(2) The City performs sampling at the industrial user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(3) If the City performs the initial sampling and analysis that indicates a violation, then the City will perform the repeat sampling and analysis within 30 days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(i) Signing of Reports.
(1) The reports and certifications required by this rule shall include the following certification statement and shall be signed by an authorized representative of the industrial user, as follows.
“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) An authorized representative may be any of the following:
A. A responsible corporate officer, if the industrial user submitting the reports required by this rule is a corporation. For the purpose of this paragraph, a “responsible corporate officer” means one of the following:
1. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation.
2. The manager of one or more manufacturing, production, or operation facilities, provided the manager meets all of the following:
a. Is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations.
b. Can ensure that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements.
c. Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
B. A general partner or proprietor if the industrial user submitting the report is a partnership or sole proprietorship, respectively.
C. A member or manager if the industrial submitting the report is a limited liability company.
D. A duly authorized representative of the individual designated in paragraph (i)(2)A., (i)(2)B., or (i)(2)C. of this rule if all of the following apply:
1. The authorization is made in writing by the individual described in paragraph (i)(2)A., (i)(2)B., or (i)(2)C. of this rule.
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, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.
3. The written authorization is submitted to the City.
E. If an authorization under paragraph (i)(2)D. of this rule 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 paragraph (i)(2)D. of this rule shall be submitted to the City prior to or together with any reports to be signed by an authorized representative.
(j) Additional Pretreatment. If additional pretreatment and/or O&M activities are necessary to comply with the Categorical Standards, local limits, or related prohibited discharges, a schedule shall be negotiated in accordance with Section 913.33(d). The final date on which additional pretreatment and/or O&M activities are implemented shall be no later than the compliance date established in the final promulgation of such Categorical Standards, local limits, or related prohibited discharges.
(Ord. A-1742. Passed 1-22-90; Ord. A-1810. Passed 5-28-91; Ord. A-2142. Passed 11- -98; Ord. A-2405. Passed 11-8-04; Ord. A-2549. Passed 1-28-08; 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.)