The POTW 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 CFR 437, to forego sampling of a pollutant regulated by a categorical pretreatment standard.
(A) Monitoring waivers do not apply to pollutants where certification processes and requirements are established by the POTW or by categorical pretreatment standards (e.g. a total organics management plan's certification alternative to sampling) unless allowed for by the applicable categorical pretreatment standard.
(B) If 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 notify the POTW in writing and start monitoring the pollutant at the frequency specified in the POTW's pretreatment program.
(C) The monitoring waiver applies only to industrial user self-monitoring and does not remove the POTW's obligations for industrial user monitoring for that parameter; however, the waiver can be extended to POTW monitoring done to satisfy industrial user self-monitoring.
(D) In making its request for a pollutant monitoring exemption, the industrial user must demonstrate 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. The industrial user must provide data from at least 1 sampling of the facility's process wastewater prior to treatment present at the facility that is representative wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method form 40 CFR 136 with the lowest method detection limit for that pollutant was used.
(E) Waivers are valid only for the duration of the effective period of the industrial user's control mechanism and, in no case, longer than 5 years. The industrial user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
(F) The request for a monitoring waiver shall be signed by an authorized representative of the industrial user in accordance with paragraph (F) of OAC rule 3745-3-06, and it must include the certification statement in 40 CFR 403.6(a)(2)(ii).
(G) The POTW shall include any monitoring waiver as a condition in the industrial user's control mechanism. The supporting reason(s) for a monitoring waiver and the information submitted by the user in its request shall be maintained in the industrial user's file by the POTW for 3 years after expiration of the waiver.
(H) Upon approval of the monitoring waiver and revision of the industrial user's control mechanism by the POTW, the industrial user shall certify on each self-monitoring report with the following statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR [specific national pretreatment standard part], I certify that, to the best of my knowledge and belief, there has been no increased in the level of [listed pollutant] in the wastewaters due to the activities at the facility since the submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Ohio Administrative Code."
(Ord. 14-09, passed 6-1-2009)