(A) Baseline monitoring reports. 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 submission under 40 C.F.R. § 403.6(a)(4), whichever is later, existing industrial users subject to the categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the General Manager a report which contains the information listed in divisions (A)(1) through (A)(7) of this section. If reports containing this information already have been submitted to the RWQCB or the Regional Administrator in compliance with the requirement of 40 C.F.R. § 128.140(b), the industrial user shall not be required to submit this information again. However, the industrial user shall provide the General Manager with a copy of the report along with written verification from the RWQCB that the report items have been received by the RWQCB. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in divisions (A)(1) through (A)(5) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in divisions (A)(4) and (A)(5) of this section.
(1) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners;
(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility;
(3) Description of operations. The user shall submit a brief description of the nature, average rate of production and standard industrial classification of the operation(s) carried out by the industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(a) Regulated process streams; and
(b) Other streams as necessary to allow use of the combined waste stream formula of 40 C.F.R. § 403.6(e). (See division (A)(5) of this section.) The General Manager may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) Measurement of pollutants.
(a) The user shall identify the pretreatment standards applicable to each regulated process.
(b) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or General Manager) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the General Manager or the applicable standards to determine compliance with the standard.
(c) The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this division.
(d) 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 of 40 C.F.R. § 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. § 403.6(e) this adjusted limit along with the supporting data shall be submitted to the General Manager.
(e) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Regional Administrator determines that the 40 C.F.R. part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties, approved by the Regional Administrator.
(f) The General Manager 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.
(g) The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(6) Certification. The user shall submit a statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
(7) Compliance schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(a) Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) at the time the user submits the report required by division (B) of this section, the information required by divisions (A)(6) and (A)(7) of this section shall pertain to the modified limits.
(b) If the categorical pretreatment standards are modified by a removal allowance (40 C.F.R. § 403.7), the combined waste stream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) after the user submits the report required by this division (A), any necessary amendment to the information requested by divisions (A)(6) and (A)(7) of this section shall be submitted by the user to the General Manager within 60 days after the modified limit is approved.
(8) Signature. All baseline monitoring reports must be signed and certified in accordance with § 7.20.510 of this chapter.
(B) Compliance schedule for meeting categorical pretreatment standards. The following conditions apply to the compliance schedule required by § 7.20.520(A)(7) of this chapter.
(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 categorical 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, and the like).
(2) No increment referred to above shall exceed nine months.
(3) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the General Manager including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between the progress reports to the General Manager.
(C) Report on compliance with categorical pretreatment standard deadline.
(1) Within 90 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 industrial user subject to pretreatment standards and requirements shall submit to the General Manager a report containing the information described in divisions (A)(4) through (A)(6) of this section.
(2) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate.
(3) For all other industrial 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.
(4) All compliance reports must be signed and certified in accordance with § 7.20.510 of this chapter.
(D) Periodic reports on continued compliance.
(1) Except as specified in division (D)(3) of this section, any industrial user subject to a categorical pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the General Manager during the months of June and December of each year, unless required more frequently in the pretreatment standard or by the General Manager or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in division (A)(4) of this section, except that the General Manager may require more detailed reporting of flows. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the General Manager or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the General Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the General Manager may agree to alter the months during which above reports are to be submitted.
(2) The General Manager may authorize the 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:
(a) The General Manager may authorize a waiver 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 water.
(b) The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
(c) 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. The request for a monitoring waiver must be signed in accordance with paragraph (1) of this section, and include the certification statement in 40 C.F.R. § 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 C.F.R. part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(d) Any grant of the monitoring waiver by the General Manager must be included as a condition in the user’s control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the General Manager for three years after expiration of the waiver.
(e) Upon arrival of the monitoring waiver and revision of the user’s control mechanism by the General Manager, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:
“Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify the applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filling of the last periodic report under 40 CFR 403.12(e)(1).”
(f) In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user’s operations, the user must immediately: comply with the monitoring requirements of division (D)(1) of this section or other more frequent monitoring requirements imposed by the General Manager, and notify the General Manager.
(g) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(3) The General Manager may reduce the requirement in division (D)(1) of this section to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the approval authority, where the industrial user meets all of the following conditions:
(a) The industrial user’s total categorical wastewater flow does not exceed any of the following:
1. One one-hundredth percent (0.01%) of the design dry weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
2. One one-hundredth percent (0.01%) of the design dry weather organic treatment capacity of the POTW; and
3. One one-hundredth percent (0.01%) of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by a POTW in accordance with 40 C.F.R. § 403.5(c) and division (C) of this section.
(b) The industrial user has not been in significant noncompliance, as defined in 40 C.F.R. § 403.8(f)(2)(viii), for any time in the past two years;
(c) The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period pursuant to § 7.20.630;
(d) The industrial user must notify the General Manager immediately of any changes at its facility causing it to no longer meet conditions of divisions (D)(3)(a) or (D)(3)(b) of this section. Upon notification, the industrial user must immediately begin complying with the minimum reporting in division (D)(1) of this section; and
(e) The General Manager must retain documentation to support the General Manager’s determination that a specific industrial user qualifies for reduced reporting requirements under division (D)(3) of this section for a period of three years after the expiration of the term of the control mechanism.
(4) Where the General Manager has imposed mass limitations on industrial users as provided for by 40 C.F.R. § 403.6(d), the report required by division (D)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(5) For industrial users subject to equivalent mass or concentration limits established by the city in accordance with 40 C.F.R. § 403.6(c), the report required by division (D)(1) shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by division (D)(1) shall include the user’s actual average production rate for the reporting period.
(6) All compliance reports must be signed and certified in accordance with § 7.20.510 of this chapter.
(1995 Code, § 7.20.480) (Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)