923.06 MONITORING AND REPORTING REQUIREMENTS.

   (a)    Local Limits. The City may require dischargers to self monitor their flow and analyze its characteristics, to properly define the concentration of various pollutants. and to ascertain compliance with the limits defined in its industrial discharge permit issued in accordance with Section 923.05. Costs for all self-monitoring efforts shall be borne by the discharger.

(Ord. 1985-21. Passed 7-10-85.)

   (b)   Categorical Pretreatment Standards Compliance Reports.

      (1)   Baseline reports. Within 180 days following the date of final promulgation by the U.S. EPA for Categorical Pretreatment Standards and any discharger subject to the Standards shall submit to the City a report, indicating the nature and concentration of all prohibited or regulated substances contained in its discharge. The report shall state whether the applicable standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with the applicable standards or requirements. This statement shall be signed by an authorized representative of the discharger.

      (2)    Schedule. If additional pretreatment and/or O&M activities are necessary to comply with the Categorical Pretreatment Standards, a schedule shall be negotiated in accordance with subsection (d) hereof. The final date on which additional pretreatment and/or O&M activities are implemented shall be no later than the compliance date established in the final promulgation of such Standards.
(Ord. 1989-21. Passed 4-17-89.)

      (3)    Periodic reports. Any discharger subject to a Categorical Pretreatment Standard as set forth in this chapter after the compliance date of such Pretreatment Standard or, in the case of a new source discharger, after commencement of the discharge to the City, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. Costs for the monitoring and analyses shall be borne by the discharger. The City, for good cause shown, may authorize the submission of such reports on months other than those specified above. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation necessary to determine the compliance status of the user.

      (4)   Initial compliance report. Within 90 days following the date for final compliance with applicable 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 categorical pretreatment standards and requirements shall submit to the City a report containing the information described in paragraph 923.06(b)(1).

   (c)   Final Status Reports. Any discharger issued an industrial discharge permit pursuant to Section 923.05 or any discharger subject to a Categorical Pretreatment Standard shall submit to the City within ninety days after issuance of the permit or ninety days after compliance date of the applicable Pretreatment Standard, a report stating that all applicable standards or requirements are being met on a consistent basis. The statement shall be signed by an authorized representative of the discharger.

   Signatory requirements for industrial user reports. The reports required by subsections (b) and (c) hereof shall be signed by an authorized representative of the Industrial User.

   An authorized representative may be:

      (1)   A principal executive officer of at least the level of vice president, if the Industrial User submitting the reports required by subsections (b) and (c) hereof is a corporation.

      (2)    A general partner or proprietor if the Industrial User submitting the report required by subsections (b) and (c) hereof is a partnership or sole proprietorship respectively.

      (3)    The manager of one or more manufacturing, production, or operating facilities, provided that the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

         (Ord. 2009-11. Passed 5-11-09.)

   (d)   Compliance Schedule. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter or any industrial discharge permit issued pursuant hereto, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operation and maintenance activities. In no event shall the schedule exceed two years.

      (1)    The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this chapter including but not limited to, dates related to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.

      (2)    Under no circumstances shall any time increment for any single step directed toward compliance exceed nine months.

      (3)    Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone 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 discharger to return construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the City.

   (e)   Operating Upsets.

      (1)    Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or any industrial discharger permit issued pursuant hereto shall immediately inform the City by telephone upon first awareness of the commencement of the upset.

      (2)    A written follow-up report thereof shall be filed by the discharger with the City within five days. The report shall specify:

         A.    Description of the upset, the cause thereof, and the upset's impact on the discharger's compliance status;

         B.    Duration of noncompliance, including exact dates and times of noncompliance and if the noncompliance continues, the time by which compliance is reasonably expected to occur;

         C.    All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.

      (3)    A documented and verified bona-fide operating upset may be an affirmative defense to any enforcement action brought by the City against the discharger for any noncompliance with the chapter or any industrial discharge permit issued pursuant hereto, which arises out of violations alleged to have occurred during the period of the upset.

   (f)   Monitoring Facilities.

      (1)    All dischargers of industrial wastes shall construct and maintain one or more control manholes or access points to facilitate observation, measurement and sampling of its wastes, including domestic sewage.

      (2)    Control manholes or access facilities shall be located and built in a manner acceptable to the Director of Administration. If measuring devices are to be permanently installed, they shall be of a type acceptable to the Director of Administration.

      (3)    Control manholes, access facilities, and related equipment shall be installed by the discharger of industrial wastes, at its expense, and shall be maintained so as to be in safe condition, accessible and in proper operating condition at all times. Plans for the installation of the control manholes or access facilities and related equipment shall be approved by the Director of Administration prior to the beginning of construction.

      (4)    All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.
(Ord. 1985-21. Passed 7-10-85.)

      (5)   All users who propose to discharge or who in the judgment of the City could now or in the future discharge wastewater with constituents and characteristics different from that produced by a domestic premise may be required to install a monitoring facility.

         (Ord. 2009-11. Passed 5-4-09.)

   (g)   Sampling and Measurement of Industrial Discharges.

      (1)    Measurement of flow.

         A.   The volume of flow used for computing industrial waste surcharges shall be the metered water consumption of the discharger as shown in the records of meter readings maintained by the City Utilities Division.

            (Ord. 2011-21. Passed 9-6-11.)

         B.   If the discharger of industrial wastes into the public sewers procures any part, or all, of its water from sources other than the City water system, all or a part of which is discharged into the public sewers, the discharger shall install and maintain at its expense water meters of a type approved by the Director of Administration for the purpose of determining the volume of water obtained from those other sources.

      (2)    Metering of waste.

         A.    Devices for measuring the volume of waste discharged as necessary for determination of pollutant loads may be required by the Director of Administration if these volumes cannot otherwise be determined from the metered water consumption records.

         B.    Metering devices for determining the volume of waste shall be installed, owned and maintained by the discharger. Following approval and installation, such meters may not be removed without the consent of the Director of Administration.

      (3)   Waste sampling.

         A.    Industrial wastes discharged to the public sewers may be subject to periodic inspection and determination of character and concentration of such wastes. The determination shall be made as often as may be deemed necessary by the City.

         B.    Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the Director of Administration. Every care shall be exercised in the collection of samples to insure their preservation in a state comparable to that at the time the sample was taken.
(Ord. 1985-21. Passed 7-10-85.)

      (4)   Analysis.

         A.   All collected samples must be of such nature that they provide a true and accurate representation of the industry's normal workday effluent quality.

         B.   Chain-of-custody procedures, sample preservation techniques, and sample holding times recommended by EPA shall be followed in all self-monitoring activities.

         C.   Monitoring shall be performed at the approved monitoring station on the effluent sewer. Location and design of the monitoring station shall be subject to the review and approval of the City. Any change in monitoring location will be subject to the approval of the City.

         D.   All analyses shall be performed in accordance with procedures established by EPA under the provisions of Section 304(h) of the Act [33 USC 1314(h)] and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by EPA or the City. Sampling shall be performed in accordance with the techniques approved by EPA or the City.

         E.    Except as indicated in subparagraphs F. and G. below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Superintendent. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides, the samples may be composited in a laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Superintendent, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

         F.   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Alternately, pH compliance may be assessed through the use of a strip-chart or a circular chart over the monitoring period from a continuous pH recorder, at the discretion of the Superintendent.

         G.   For sampling required in support of baseline monitoring and initial compliance reports required in Section 923.06 and 40 CFR 503.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, and volatile organic compounds for facilities for which historical sampling data do not exist. For facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For reports required by Section 923.06 and 40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards.

         H.   If a violation is detected through sampling and analysis conducted by the City in lieu of the industrial user, the City shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.

         I.   Where a pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or applicable standard.

            (Ord. 2009-11. Passed 5-4-09.)

   (h)    Notification of Changes in Discharges, Including Hazardous Wastes. All industrial users shall promptly notify the Director in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).

(Ord. 1991-8. Passed 3-18-91.)

   (i)    Confidential Information.

      (1)    Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.

      (2)   When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, State disposal system permit and/or the pretreatment program. Wastewater constitutents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the discharger.

         (Ord. 1985-21. Passed 7-10-85; Ord. 1991-8. Passed 3-18-91.)