(A) Inspection, sampling and analysis.
(1) The Supervisor may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this section. The discharger shall allow the Supervisor to enter upon the premises of the discharger at all hours, for the purposes of inspection, sampling or records examination. The Supervisor shall have the right to set up on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations and have access to examine and copy any records. All costs associated with this monitoring requirement shall be borne by the discharger.
(2) The reports required in this section must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The city shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. 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 city. Where time-proportional composite sampling or grab sampling is authorized by the city, 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 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 & 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 control authority, as appropriate.
(a) For sampling required in support of baseline monitoring and 90-day compliance reports required in this section, 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 city may authorize a lower minimum. For the reports required by this section, the city shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(b) All analyses shall be performed in accordance with procedures established by the approval authority pursuant to § 304(h) of the Act and contained in 40 C.F.R. Part 136 and amendments thereto or with any other test procedures approved by the approval authority. (See §§ 136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the approval authority.
(3) Where EPA 40 C.F.R. 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 procedure 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 Administrator of the EPA. Where the POTW performs all the required sampling and analyses and collects all the information required for the reports required in § 54.58, the significant industrial user will not be required to submit the report.
(4) If sampling performed by a significant industrial user indicates a violation, the user shall notify the Supervisor within 24 hours of becoming aware of the violation. At a minimum, the user is required to resample and analyze and submit results within 30 days of becoming aware of the violation. The Supervisor may, with the issuance of a modified permit, require more frequent sampling and analysis. Resampling by the significant industrial user is not required if the city performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the significant industrial user or city receives the results of this sampling. Where the city has performed the sampling and analysis in lieu of the industrial user, the city must perform any required repeat sampling and analysis unless it notifies the industrial user of the violation and requires the user to perform any required repeat analysis.
(5) If a significant industrial user, subject to the reporting requirement in § 54.58, monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(6) The reports required by § 54.58 shall include the following certification statement:
I certify under penalty of the 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 submitted, it 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 penalty and imprisonment for knowing violations.
(8) If an authorization under division (A)(7) of this section 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 division (A)(7) of this section must be submitted to the Supervisor prior to or together with any reports to be signed by an authorized representative.
(9) Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow, nature, concentration, production and/or mass, where required by the Supervisor.
(B) Periodic compliance reports. Any industrial user subject to categorical pretreatment standards shall submit to the Supervisor a report, as required in 40 C.F.R. § 403.12(e), indicating the nature and concentration of prohibited or regulated substances in the effluent. Unless alternative months are approved by the POTW, the reports shall be submitted for the six month periods in June and in December. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the Supervisor or the pretreatment standard necessary to determine the compliance status of the significant industrial user. In addition, this report shall include a record of all measured or estimated average and maximum daily flows which during the reporting period exceeded the average daily flow reported in § 54.56(C)(1)(e) hereof. Flows shall be reported on the basis of actual measurement provided, however, where cost or feasibility considerations justify, the Supervisor may accept reports of average and maximum flows estimated by verifiable techniques. The Supervisor, 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 said reports on months other than those specified above.
(C) Significant non-categorical user compliance report. For dischargers who are not subject to categorical pretreatment standards, but are subject to local limits, and discharge or have the potential to discharge substances which could adversely affect the POTW’s operation, or for violating any pretreatment standard or requirement, a report is to be submitted in June and December, unless alterative months are approved by the POTW, following the commencement of the discharge to the Supervisor. The report shall specify a description off the nature, concentration, and flow of all prohibited or regulated substances contained in their discharge as set forth in 40 C.F.R. § 403.12(h) and Mich. Admin. Code R. 323.2310(7) and the average and maximum daily flow in gallons. The report shall state whether the requirements are being met on a consistent basis and, if additional pretreatment is necessary, to bring the discharge into compliance with the requirements. In cases where a local limit requires compliance with a Best Management Practice or pollution prevention alternative, the user must submit documentation required by the city to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 C.F.R. Part 136 of this chapter and amendments thereto. This sampling and analysis may be performed by the city in lieu of the significant non-categorical industrial user.
(D) Baseline monitoring report. 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 request, or 90 days prior to the commencement of discharge in the case of a new source, the industrial user shall submit a baseline monitoring report, signed by an authorized representative, in accordance with 40 C.F.R. § 403.12(b) and Mich. Admin. Code R. 323.2310(2), for any discharge subject to national categorical pretreatment standards and requirements.
(E) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 54.56(E)(6):
(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 Supervisor 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 9 months elapse between such progress reports to the Supervisor.
(F) Ninety-day compliance report; 90-day report on compliance with national categorical standards. Within 90 days following the date for final compliance with applicable national categorical pretreatment standards, or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any discharger subject to national categorical pretreatment standards and requirements shall submit a report in accordance with 40 C.F.R. § 403.12(d) and Mich. Admin. Code R 323.2310(3).
(G) Notification of changed discharges. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharges.
(1) Industrial users do not have an affirmative defense for the discharge of pollutants that result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health or safety problems.
(2) Industrial users shall report any changes to information in the baseline monitoring report to the POTW within 60 days.
(3) All nondomestic user reports shall contain a certification statement by an authorized representative as outlined in division (A) above.
(4) A nondomestic user shall notify the POTW in advance of any substantial change in the volume or character of pollutants in its discharge. These changes could include the following:
(a) Ground waters purged for remedial action programs;
(b) Ground waters containing pollutants that infiltrate into the sewers;
(c) Listed or characteristic hazardous wastes.
(H) Hazardous waste notification.
(1) Any industrial or commercial user, except as specified in division (H)(5) below, who discharges any substance to the POTW which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 C.F.R. Part 261, shall notify the POTW, the EPA Regional Waste Management Division Director and the state hazardous waste authorities as set forth in 40 C.F.R. § 403.12(p) and Mich. Admin Code R. 323.2310(15) in writing of such discharge.
(2) All hazardous waste notifications shall include:
(a) The name of the hazardous waste as set forth in 40 C.F.R. Part 261;
(b) The EPA hazardous waste number;
(c) The type of discharge (continuous, batch or other); and
(d) A certification that the user has a program in place to reduce the volume and toxicity of the hazardous wastes generated to the degree it has determined to be economically practical.
(3) In addition to be information submitted in §54.58(H)(2), the reports from industrial and commercial users discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall contain the following information:
(a) An identification of the hazardous constituents contained in the waste;
(b) An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month;
(c) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
(4) Hazardous waste notifications shall be submitted no later than 30 days after the effective date of this section or prior to the discharge of listed or characteristic hazardous waste for discharges commencing after the effective date of this section, as required in § 54.56(F)(8). Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharge must be submitted under § 54.56(F)(8). This section does not apply to pollutants already reported as part of a significant industrial user discharge permit self-monitoring requirement. Industrial and commercial users are exempt from the hazardous waste notification requirement when they discharge 15 kilograms or less of non-acute hazardous wastes per calendar month. Discharge of any quantity of acutely hazardous waste as specified in 40 C.F.R. § 261.30(d) and 261.33(e) requires a one- time notification.
(5) In the case of any new regulations under § 3001 of Resource Conservation and Recovery Act identifying additional characteristics of hazardous waste, the industrial user must notify the POTW, the EPA regional waste management division director, and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of the regulations.
(Ord. 677, passed 8-28-2023) Penalty, see § 54.99