(a) Baseline Monitoring Report.
All Industrial Users discharging, or proposing to connect to the City's treatment works, shall complete and file with the Control Authority a Baseline Monitoring Report in the form provided by the Control Authority.
Proposed new Industrial Users shall file a report at least ninety (90) days before connecting to the treatment works. Existing Industrial Users shall file a completed report as required by the Control Authority within ninety (90) days after notification. Existing Users who propose to modify their processes and/or wastewater characteristics shall file a report at least ninety (90) days before modification. The Baseline Monitoring Report form provided by the Control Authority shall require the User to report the following:
(1) Name, address and location of the Industrial User;
(2) Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Federal Bureau of the Budget, 1972, as amended;
(3) Each product produced by type, amount, process or processes and rate of production;
(4) Type and amount, average and maximum per day, of raw materials utilized;
(5) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(6) Description of activities, facilities and plant processes on the premises including all materials, which are or may be discharged to the treatment works, and the quantity of materials containing prohibited or toxic substances stored or handled on the premises;
(7) Time and duration of discharges;
(8) Measurements, or verifiable estimates of average, daily and instantaneous peak wastewater flow rates, in gallons per day, including any daily, monthly and seasonal variations;
(9) Nature and concentration of any pollutants or substances in the discharge, as follows:
A. Existing Industrial Users shall provide a disclosure of wastewater constituents and characteristics including, without limitation, materials with specific limits defined in Section 930.05, and the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
B. Existing Industrial Users who propose to modify their processes and/or wastewater characteristics or new Industrial Users shall provide at least ninety (90) days prior to actual discharge an estimate of their wastewater constituents and characteristics including, but not limited to, materials identified in Section 930.05, and the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
C. Existing Industrial Users who propose to modify their processes and/or wastewater characteristics or new Industrial Users shall provide a disclosure of wastewater constituents and characteristics as defined in paragraph (a)(9)A above, within ninety (90) days after the discharge is introduced into the City's treatment works.
(10) Certification statement regarding whether compliance with this chapter is being achieved on a consistent basis, and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required;
(11) Any other information or data concerning the Industrial User's operations and/or wastewater that may affect the treatment works and/or the City's ability to meet its NPDES Permit;
(12) Signature of:
A. For a corporation, a principal executive officer or a duly authorized representative responsible for the overall operation of the facility discharging to the treatment works;
B. For a partnership or proprietorship, a general partner or the proprietor;
C. When required by the Control Authority, a qualified engineer;
(13) Demonstration of compliance with Best Management Practices (BMPs) when required by the Control Authority;
(14) A list of all environmental control permits held by or for the facility.
The Control Authority shall evaluate the complete report and data furnished by the Industrial User and may require additional information. After full evaluation and acceptance of the data furnished, the Control Authority shall notify the Industrial User of such acceptance.
(b) Compliance Time Schedule.
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the Industrial User shall submit a reasonable schedule by which the additional pretreatment and/or implementation of additional operation and maintenance activities will be provided. The Compliance Time Schedule (CTS) shall be subject to the approval of the Director but shall not exceed two (2) years for City standards except for unusual circumstances. Any CTS related to a Categorical Pretreatment Standard shall not exceed the time limit provided in the regulation. The Industrial User shall provide the following information:
(1) Increment of progress dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to comply with the requirements of this chapter, such as completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and other acts necessary to achieve compliance with this chapter except that:
A. The Director shall not permit a time increment for any single increment of progress date to exceed nine (9) months; and
B. The Industrial User shall submit no later than fourteen (14) days following each increment of progress date in the schedule and the final date for compliance, a progress report to the Director, including a statement that the Industrial User complied with the increment of progress represented by the increment of progress date and, if not, the date on which the Industrial User expects to comply with the particular increment of progress, the reason for the failure to complete the increment on time, and the steps taken to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports.
(2) When additional pretreatment and/or operation and maintenance activities are placed in operation, the Industrial User shall disclose within ninety (90) days of startup the nature and concentrations of discharged substances limited or prohibited in this chapter together with the statement as provided in paragraph (a)(10) above indicating whether compliance is being achieved on a consistent basis.
(3) When the Director accepts the Industrial User's CTS for additional pretreatment or operation and maintenance, a violation of the CTS is a violation of this ordinance.
(c) Categorical Standard Compliance Reports.
(1) Initial Compliance Report. Within one hundred and eighty (180) days following the effective date of a categorical standard, any affected Industrial User shall submit to the Director a Baseline Monitoring Report containing the information as described in Section 930.13 (a). If the Industrial User has previously submitted a report, then the report shall be amended to include the additional information required in paragraphs (a)(9) and (10) above.
(2) Compliance Date Report. Within ninety (90) days following the compliance date in a categorical standard, all affected Industrial Users shall submit to the Director a compliance statement as described in paragraph (a)(10) above indicating whether the Pretreatment Standards and Requirements are being met on a consistent basis. If an Industrial User does not comply with applicable categorical standards and requirements, a Compliance Time Schedule shall be negotiated in accordance with Section 930.13 (b).
(3) Periodic Compliance Report. Any Industrial User subject to a categorical standard shall submit to the Director periodic compliance reports during the month of June and December. The reports shall contain the results of the sampling analysis of the discharge, which are required by the categorical standard, any other information necessary to determine compliance with categorical standards and the certification statement required by Section 930.18(a) of this chapter. A certification statement demonstrating compliance with Best Management Practices, when required by the Control Authority, shall also be included.
The Director may authorize the submission of periodic compliance reports in months other than those specified above.
(d) Toledo Standard Compliance Reports.
The Director may require Industrial Users to monitor their discharges and submit Periodic Compliance Reports to demonstrate compliance with Toledo standards defined in Section 930.05(c). The Director shall notify the Industrial Users in writing of the reasons and detailed requirements for monitoring. The reports shall contain the results of the sampling analysis of the discharge for Local Limits and the certification statement required by Section 930.18(a) of this chapter. A certification statement demonstrating compliance with Best Management Practices, when required by the Control Authority, shall also be included. If any Industrial User does not comply with the Director's request, the City may monitor the discharge and recover its costs, in accordance with Section 930.17.
(e) State and Other Governmental Reporting Requirements.
Industrial Users shall meet all state or other reporting requirements legally adopted by other political subdivisions which discharge into the City's treatment works.
(f) Accidental Release and Operating Upset Reports.
(1) Upon an accidental release or operating upset resulting in a prohibited discharge, a slug load and/or a discharge in excess of the limitations in Section 930.05 into the City's treatment works and/or any watercourse or storm sewer within the City's boundary, Industrial Users shall immediately notify the Director by telephone of the incident. The notification shall include the date, time, and location of the discharge, type of waste, concentration, and volume and the corrective actions taken.
(2) Within five (5) working days following any such accidental discharge or operating upset, the Industrial User shall submit to the Director a detailed written report describing the following:
A. Description of the discharge and its cause;
B. Type of waste, concentration and volume;
C. Duration of the discharge, including exact date and time, and if the discharge continues, the time when it will cease;
D. All steps taken or to be taken to reduce, eliminate or prevent recurrence of the incident and to reduce or eliminate any adverse effect of the discharge on the City's treatment works.
(3) Users shall permanently post emergency notification procedures on a bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge or operating upset.
(4) A documented and verified bona fide operating upset may be an affirmative defense to an enforcement action brought by the Director against an Industrial User for any noncompliance which arises out of violation alleged to have occurred during the period of upset; however, it does not absolve the User from responsibility and liability for any damage or injury to persons or property including the City's treatment works. It likewise does not absolve the User from liability for indemnification of the City for any penalties for violation of the City's NPDES permit or for cleanup costs caused by the upset.
(g) [Repealed]
(h) Additional Reporting Requirements.
If any Industrial User subject to the reporting requirements in paragraphs (c)(3), (d) and (e) above monitors any pollutant more frequently than required by the City using procedures specified in Section 930.17, the results of this monitoring shall be included with any compliance reports required by the Director. In addition, if sampling performed by an Industrial User indicates a violation, the User shall notify the Director within twenty-four (24) hours of becoming aware of the violation. If a notice of violation is issued to the User, the User shall reply to the Director in writing within ten (10) days of receipt of the notice of violation. The User shall also repeat the sampling and analysis and submit the results to the Director within thirty (30) days after becoming aware of the violation.
(i) Changed Conditions Reports.
All Industrial Users shall notify the Control Authority thirty (30) days in advance of any substantial changes in potential for slug discharge or volume or character of pollutants in their discharge including, but not limited to, the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
(Ord. 210-12. Passed 5-8-12.)