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(a) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Director shall enter into an inter-jurisdictional agreement with the contributing municipality.
(b) Prior to entering into an agreement required by subsection (a), the Director shall request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) Such other information as the Director may deem necessary.
(c) An inter-jurisdictional agreement as required by subsection (a), shall contain the following conditions:
(1) A requirement that the contributing municipality adopt a sewer use ordinance which is at least as stringent as this Chapter and local limits, including required baseline monitoring reports, that are at least as stringent as those set out in Section 925.03 of this Chapter. The requirement shall specify that the municipality's ordinance and limits shall be revised as necessary to reflect changes made to this Chapter and local limits;
(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection, sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will be conducted jointly by the contributing municipality and the Director;
(4) A requirement for the contributing municipality to provide the Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the Director access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Director; and
(8) A provision specifying remedies available for breach of the terms of the inter-jurisdictional agreement.
(Ord. 2008-375. Adopted 9-29-08.)
(a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. Section 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 Director a report that contains the information listed in paragraph (b), below. At least ninety (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 Director a report which contains the information listed in paragraph (b), 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.
(b) Users described above shall submit the information set forth below.
(2) Measurement of pollutants.
A. The user shall provide the information required in Sections 925.14(a) (7)A. through D. of this Chapter.
B. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
C. 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 waste stream formula in 40 C.F.R. Section 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;
E. The Director 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;
F. 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.
(3) Compliance Certification. A statement, reviewed by the user's authorized representative 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.
(4) 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 Section 925.25 of this Chapter.
(c) Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 925.37 of this Chapter and signed by an authorized representative.
(Ord. 2008-375. Adopted 9-29-08.)
The following conditions shall apply to the compliance schedule required by Section 925.24(b)(4) of this Chapter:
(a) 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);
(b) No increment referred to above shall exceed nine (9) months;
(c) The user shall submit a progress report to the Director no later than fourteen (14) calendar 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
(d) In no event shall more than nine (9) months elapse between such progress reports to the Director.
(Ord. 2008-375. Adopted 9-29-08.)
Within ninety (90) calendar 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 Director a report containing the information described in Section 925.14(a)(6) and (7) and 925.24(b)(3) of this Chapter. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 925.03 of this Chapter [Note: see, 40 C.F.R. Section 403.6(c)], 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 Section 925.37 of this Chapter. All sampling will be done in conformance with Section 925.34 of this Chapter.
(Ord. 2008-375. Adopted 9-29-08.)
(a) Except as specified in Section 925.27(c) of this Chapter, all significant industrial users must, at a frequency determined by the Director, submit no less than twice per year on dates specified in the industrial user's industrial wastewater discharge permit, 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. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user.
(b) The County 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:
(1) 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.
(2) 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 5 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, Section 925.14(c))
(3) 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.
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the USEPA approved method from 40 C.F.R. Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the Director 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 Director for 3 years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the user's permit by the Director, the industrial user must certify on each report with the statement in Section 925.38 of this Chapter that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8) 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 Section 925.28(a) of this Chapter, or other more frequent monitoring requirements imposed by the Director, and notify the Director.
(9) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(c) The County may reduce the requirement for periodic compliance reports [see 925.28(a) of this Chapter (40 C.F.R. Section 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 OEPA, where the Industrial User's total categorical wastewater flow does not exceed any of the following:
(1) 0.01 percent of the design dry-weather hydraulic capacity of the receiving wastewater treatment plant as measured by a continuous effluent flow monitoring device, unless the Industrial User discharges in batches.
(2) 0.01 percent of the design dry-weather organic treatment capacity of the POTW;
(3) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical Pretreatment Standard for which approved Local Limits were developed for the receiving wastewater treatment plant in accordance with Section 925.04 of this chapter.
(4) Data tables containing specific values for Plants 25 and 36 are provided in the Department's Enforcement Response Plan.
Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance, as defined in Section 925.55 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 Director, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(d) All periodic compliance reports must be signed and certified in accordance with Section 925.37 of this Chapter.
(e) 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.
(f) 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 Director, using the procedures prescribed in Section 925.34 of this Chapter, the results of this monitoring shall be included in the report.
(g) Users that send electronic documents to the County to satisfy the requirements of this Section must e-mail these documents to the Industrial Pretreatment Section at the Department of Sanitary Sewer Services in a Portable Document File ("PDF") format. All compliance reports, including self-monitoring reports, must conform fully to the reporting requirements specified in the user's industrial wastewater discharge permit. Electronic documents must be signed and certified in accordance with Section 925.37 of this Chapter.
(Ord. 2008-375. Adopted 9-29-08; Ord. 2015-555. Adopted 12-14-15.)
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