(a) Baseline Monitoring Report (BMR).
(1) Existing Users: Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, existing industrial users subject to such categorical pretreatment standards and currently discharging to, or scheduled to discharge to, the XWWTP shall be required to submit to the Director a BMR.
(2) New Sources: New sources and sources that become industrial users after promulgation of an applicable categorical standard, shall be required to submit to the Director a BMR at least ninety (90) days prior to commencement of discharge. A new source shall also report the method of pretreatment it intends to use to meet applicable categorical standards and shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(3) Required Information: A BMR shall contain all of the following information:
A. All information required in divisions (a)(1)., (a)(2), (a)(3)A., (a)(3)B, (a)(3)C(i), and (a)(6) of Section 1048.07 of this chapter.
B. Measurement of Pollutants:
(i) The user shall provide the information required in divisions (a)(7)A. through (a)(7)D. of Section 1048.07 of this Chapter.
(ii) The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of division (a)(3)B. of this section.
(iii) 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 in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated, in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the Director.
(iv) The Director may allow the submission of a BMR that utilizes only historical data, but only if the data provides information sufficient to determine the need for industrial pretreatment measures.
(v) The BMR shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the XWWTP.
C. Compliance Certification: A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements.
D. Compliance Schedule: If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(4) Signature and Report Certification: All BMRs must be certified in accordance with division (d)(4) of this section and shall be signed by an authorized representative of the industrial user, in accordance with division (d)(3) of this section.
(b) Ninety-Day Compliance Report. Within ninety (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 XWWTP, any industrial user subject to the pretreatment standards and requirements shall submit to the Director a report containing the information described in both Section 1048.07(a)(6) of this Chapter and (a)(3)B. of this section. All ninety- (90) day compliance reports must be certified, in accordance with division (d)(4) of this section and shall be signed by an authorized representative of the industrial user, in accordance with division (d)(3) of this section.
(c) Periodic Compliance Reports (PCR).
(1) Any user subject to a pretreatment standard or requirement shall periodically submit to the Director a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards or requirements and the estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP, the user must submit documentation, required by the Director or by the pretreatment standard, necessary to determine the compliance status of the user. Such reports shall be submitted according to the frequency prescribed in the industrial user's wastewater discharge permit. PCRs must be certified, in accordance with division (d)(4) of this section and shall be signed by an authorized representative of the industrial user, in accordance with division (d)(3) of this section.
(2) If an industrial user monitors any pollutant more frequently than required by the City, the results of this monitoring shall be included in PCR.
(d) Requirements Applicable to All Reports.
(1) The reports required by this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period.
(2) All sampling and analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto.
(3) All reports required under this section shall be signed by an authorized representative or a duly authorized representative of the user.
(4) Certification: All reports and applications required to be filed under this section shall contain, and be signed under, the following certification statement:
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.
(e) Duty to Report Violations Found During Sampling. 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. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if:
(1) The Director, or his authorized representative, samples the wastewater discharge of the industrial user at least once per month; or
(2) The Director, or his authorized representative, performs sampling at the industrial user's facility(ies) between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(f) Records.
(1) All industrial users who discharge, or propose to discharge, wastewater to the XWWTP shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this chapter and any applicable State or Federal pretreatment standards or requirements.
(2) All industrial users shall retain and preserve, for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and/or any and all summaries thereof, relating to monitoring sampling and laboratory analyses made by, or on behalf of, an industrial user in connection with its discharge.
(3) All records pertaining to materials that are subject to administrative adjustment or any other enforcement or litigation activities brought by the City pursuant to this chapter shall be retained and preserved by the user until all enforcement activities have been concluded and all periods of limitation with respect to any and all appeals have expired.
(4) Such records shall be made available upon request by the Director or his authorized representative.
(g) Monitoring.
(1) The owner or operator of any premises or facility discharging industrial wastes into the system may be required to install, at his/her/its own cost and expense, suitable facilities to obtain accurate samples of wastewater flow into the XWWTP. Such facilities shall be maintained in proper working order and kept safe at all times.
(2) When more than one (1) user can discharge into a common sewer, the Director may require installation of separate monitoring facilities for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Director may require that separate monitoring facilities be installed for each separate discharge.
(3) Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with City requirements and all applicable construction on standards and specifications.
(h) Monitoring Waiver.
(1) The Director may authorize an 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 (40 CFR 403.12(e)(2)). This authorization is subject to all of the following conditions:
A. The waiver may be authorized 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 wastewater.
B. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
C. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one (1) sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
D. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
E. The request for a monitoring waiver must be signed in accordance with division (d)(3) of this section.
(2) Any grant of the monitoring waiver by the Director must be included as a condition in the user's wastewater discharge permit. The reasons supporting the waiver, and any information submitted by the user in its request for the waiver, must be maintained by the Director for three (3) years after expiration of the waiver.
(3) Upon approval of the monitoring waiver and revision of the user's wastewater discharge permit by the Director, the industrial user must certify each report, in accordance with division (d)(4) of this section, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(4) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately notify the Director and must comply with the monitoring requirements or other more frequent monitoring requirements imposed by the Director.
(5) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(Ord. 2020-20. Adopted 08/27/20)