(a) Records and monitoring.
(1) All industrial users requiring an industrial waste permit shall maintain records of the regulated process, effluent flows, pollutant concentrations and related factors. These records shall demonstrate compliance with the requirements of this article. These records shall be retained for a minimum of three (3) years.
(2) All records relating to compliance with pretreatment standards shall be made available, upon request, to officials of the U.S. Environmental Protection Agency, California State Water Resources Control Board and/or California Regional Water Quality Control Board.
(3) The owner and/or user of any premises or facility discharging industrial wastes into the wastewater system shall install, at his own expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of regulated constituents. Such equipment shall be maintained in safe, proper working order and be accessible at all times.
(4) All industrial users required to periodically sample and analyze their wastewater shall use sampling methods and locations approved by the Public Works Director. For each sample, the user shall maintain a record of:
(i) The date, exact place, method and time of sampling and the names of the persons taking samples;
(ii) The date, analytical methods, results and person performing the analyses.
(5) All domestic wastewaters from restrooms, drinking fountains, etc., shall be kept separate from all industrial wastes until the industrial wastes have passed through any required pretreatment system or monitoring device.
(6) It shall be prohibited to by-pass or disable any required pretreatment system or monitoring device for any reason, including maintenance, without first obtaining the approval of the Public Works Director.
(7) A sampling well of a design approved by the Public Works Director shall be installed to facilitate inspections, sampling and flow measurements of industrial wastewater by the Public Works Department. The sampling well shall be installed in all facilities discharging industrial wastes and in all new construction of industrial sites or as designated by the Public Works Director. It shall be located in an area with unrestricted access to Public Works Department personnel.
(8) Whether constructed on public or private property, the sampling well shall be constructed in accordance with the City of Thousand Oaks Wastewater Design and Construction Standards, as amended.
(b) Inspection.
(1) The Public Works Department shall conduct periodic compliance inspections, including the review of industrial self-monitoring reports, subsequent filed inspections and verification and retention of all necessary records.
(2) Whenever it shall be necessary for the purpose of these rules and regulations, Public Works Department personnel, upon presentation of credentials, may enter any premises or property connected to the wastewater system for the purpose of:
(i) Copying any records required to be kept under the provisions of this section;
(ii) Inspecting any monitoring equipment or method; and
(iii) Sampling any discharge of wastewater to the wastewater system. In addition, Public Works Department personnel may enter the property at any hour under emergency circumstances involving the wastewater system and during normal business hours in a non-emergency situation. No person shall interfere with, delay, resist or refuse entrance to an authorized inspector attempting to inspect any waste generation, conveyance or treatment facility connected to the wastewater system.
(c) Sampling and analysis.
(1) Compliance determinations shall be made by the Public Works Director on the basis of either instantaneous grab or composite samples of wastewater.
(2) All analyses shall be performed in accordance with the United States Environmental Protection Agency's Guidelines Establishing Test Procedures Under the Clean Water Act (40 CFR Part 136), as amended.
(3) Sampling of industrial wastes shall be done at intervals by the Public Works Department. Sampling shall be conducted for all industrial users at least once per year. Compliance sampling will consist of a grab or composite sample analyzed for those constituents in the user's permit. Any compliance sampling conducted on behalf of the discharger shall be in compliance with 40 CFR 403.12.
(4) The permitted industrial discharger shall assume the cost of follow-up compliance determination as a result of initial noncompliance and sampling and analysis for the constituents set forth in the industrial waste discharge permit, or as determined by the Public Works Director. In addition, the cost of any demand monitoring and sampling as a result of accidental toxic or shock loads upon the wastewater system shall also be paid by the industrial user.
(d) Discharge reports.
(1) All permitted industrial users shall monitor and report on the quantity and quality of their industrial wastewater discharge. The items to be contained in the report and submittal frequency will be detailed in the user's industrial waste discharge permit.
(2) Self-monitoring reports providing laboratory analyses of regulated discharges plus other information as required in the user's permit shall be sent to the Public Works Director at a minimum of twice per year. If required, a more frequent reporting schedule will be established in the user's industrial waste discharge permit.
(3) If a permitted industrial user monitors any pollutant more frequently than required by the user's permit, using approved sampling and analytical procedures, the results of this monitoring shall be included in the periodic self-monitoring report.
(4) If analysis of the industrial discharge indicates a violation of one or more discharge limits, the user shall notify the Public Works Director of the violation within twenty-four (24) hours. The industrial user shall also repeat the sampling and analysis and submit the results of the analysis to the Public Works Director within thirty (30) days after becoming aware of the violation.
(5) All reports submitted by the permitted industrial user shall be signed by an authorized industrial representative as defined by the Federal Clean Water Act.
These reports shall be subject to the provisions of the Federal Code relating to false statements and fraud and the provisions of the Clean Water Act governing false statements.
(6) Each self-monitoring report shall contain the following declaration:
"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."
(7) The following reports are required pursuant to the promulgation by the EPA of any regulations implementing the establishment of any pretreatment standards and regulations.
(i) One hundred and eighty (180) days after the promulgation of a pretreatment standard, all industries subject to the standards shall submit to the City a report containing:
(aa) The name and address of the user, and the location of the discharge;
(ab) The nature, average production rate and standard industrial classification of the operations carried out by such user;
(ac) The average and maximum flow of the discharge in million gallons per day;
(ad) The nature and concentration of pollutants in the discharge from each regulated process and the identification of applicable pretreatment standards. The concentration shall be reported as required by the standard;
(ae) A statement certified to by a qualified professional, indicating whether the pretreatment standards are being met on a consistent basis and, if not, whether operation and maintenance improvements or additional pretreatment is required for compliance; in such cases, the shortest schedule by which such operation or maintenance improvements or additional pretreatment will be completed must be included. The completion date shall precede the pretreatment standard compliance date.
New sources shall submit to the City the information listed in (aa)-(ad) above.
(ii) Within ninety (90) days following the date of compliance with a pretreatment standard, the industrial user subject to pretreatment standards and requirements shall submit a report to the City indicating the nature and concentration of all pollutants regulated by the pretreatment standard and the average and maximum daily flow for the industrial process units. The report shall also state whether pretreatment standards are being met and, if not, what operation and maintenance and/or pretreatment are necessary to bring the discharge into compliance.
(iii) After the compliance date of a pretreatment standard, the subject user shall submit on a schedule as required a report to the City indicating the nature and concentrations of pollutants in the effluent which are limited by the pretreatment standards.
(Ord. 1515-NS, eff. June 5, 2009)