(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director of Utilities a report which contains the information listed in subsection (A)(2), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director of Utilities a report which contains the information listed in subsection (A)(2), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
(b) Measurement of pollutants.
1. The user shall provide the information required in § 191-04(E)(1)(g)1. through 4;
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section;
3. 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 control authority;
4. Sampling and analysis shall be performed in accordance with § 191-06(J);
5. The Director of Utilities 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;
6. The baseline report 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 POTW.
(c) Compliance certification. A statement, reviewed by the user’s authorized representative as defined in § 191-01(D) 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 (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the user shall provide the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 191-06
(B).
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with § 191-06
(N)(1) and signed by an authorized representative.
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 191-06
(A)(2)(d):
(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 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);
(2) No increment referred to in subsection (B)(1) above shall exceed nine months; and
(3) The user shall submit a progress report to the Director of Utilities no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether the user complied with the increment of progress, the reason for any delay, and, if appropriate, the steps the user is taking to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Director of Utilities.
(C) Reports on compliance with categorical pretreatment standard deadline. 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 user subject to such pretreatment standards and requirements shall submit to the Director of Utilities a report containing the information described in §§ 191-04(E)(1)(f) and (g) and 191-06
(A)(2)(b). For users subject to equivalent mass or concentration limits established in accordance with the procedures in § 191-02(B), the report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report shall include the user’s actual production during the appropriate sampling period. The user shall sign and certify all compliance reports in accordance with § 191-06
(N)(1). The user shall conduct all sampling in conformance with § 191-06
(K).
(D) Periodic compliance reports. All SIUs shall submit periodic compliance reports even if the SUI has been designated a non-significant categorical industrial user under the provisions of § 191-06
(D)(3).
(1) Except as specified in § 191-06(D)(3), a SIU shall, at a frequency determined by the Director of Utilities submit no less than twice per year on dates specified in the individual wastewater discharge permits, reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user shall submit documentation required by the Director of Utilities or the pretreatment standard necessary to determine the compliance status of the user.
(2) The city may authorize a significant industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the significant 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 that the pollutant is present only at background levels from intake water and without any increase in the pollutant due to activities of the significant industrial user [see 40 CFR 403.12(e)(2)]. This authorization is subject to 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 years. The user must submit a new request for a waiver before the waiver can be granted for each subsequent individual wastewater discharge permit;
(c) In demonstrating that a pollutant is not present, the industrial user shall provide data from at least one sampling of the facility’s process wastewater that was taken prior to any treatment present at the facility and that is a representative of all wastewater from all processes;
(e) A significant industrial user may only use non-detectable sample results 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;
(f) Any grant of the monitoring waiver by the Director of Utilities must be included as a condition in the significant industrial user’s permit. The reasons supporting the waiver and any information submitted by the significant industrial user in its request for the waiver must be maintained by the Director of Utilities for three years after expiration of the waiver;
(g) Upon approval of the monitoring waiver and revision of the significant industrial user’s permit by the Director of Utilities, the significant industrial user shall certify on each report, with the statement in § 191-06(N)(3), that there has been no increase in the pollutant in the significant industrial user’s waste stream due to activities of the significant industrial user;
(h) 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 significant industrial user’s operations, the significant industrial user shall immediately comply with the monitoring requirements of § 191-06(D)(1), or other more frequent monitoring requirements imposed by the Director of Utilities, and notify the Director of Utilities; and
(i) This provision does not supersede the certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(3) The user shall sign and certify all periodic compliance reports in accordance with § 191-06(N)(1).
(4) All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(5) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director of Utilities, using the procedures prescribed in § 191-06(K), the results of this monitoring shall be included in the report.
(E) Reports of changed conditions. Each user shall notify the Director of Utilities in writing of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(1) The Director of Utilities may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 191-04(E).
(F) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that could cause problems for the POTW, the user shall immediately telephone and notify the Director of Utilities of the incident, including but not limited to the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within five days following such discharge, the user shall, unless waived by the Director of Utilities, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter, or any state or federal statute or regulation.
(3) The user shall permanently post a notice on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (F)(1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of and properly trained regarding the emergency notification procedure.
(4) Significant industrial users shall notify the Director of Utilities immediately of any changes at significant industrial user’s facility affecting the potential for a slug discharge.
(G) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the Director of Utilities as the Director of Utilities may require.
(H) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user shall notify the Director of Utilities within 24 hours of becoming aware of the violation or within 24 hours that user reasonably should be aware of the violation, whichever is less. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director of Utilities within 30 days after becoming aware of the violation. Resampling by the user is not required if (i) the city performs sampling at the user’s facility at least once a month, (ii) the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or (iii) the city has performed the sampling and analysis in lieu of the user unless the city notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
(I) Discharge of hazardous waste prohibition. Any material that would be identified as hazardous waste according to 40 CFR Part 261 may not be discharged or disposed of in a sewer.
(J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, the user shall perform the sampling and analyses by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director of Utilities or other parties approved by EPA.
(K) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) Except as indicated in subsection (K)(2) and (3) below, the user shall collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized in writing by the Director of Utilities. Where time-proportional composite sampling or grab sampling is authorized by the Director of Utilities, 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 the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the 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 Director of Utilities, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in §§ 191-06(A) and 191-06(C) [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Director of Utilities may authorize a lower minimum. For the reports required by § 191-06(D) (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
(L) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility the date of receipt of the report shall govern.
(M) Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under § 191-02(D)(3). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years; except that this period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the Director of Utilities.
(N) Certification statements.
(1) Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed by an authorized representative and submitted by (i) Users submitting permit applications in accordance with § 191-04(G); (ii) Users submitting baseline monitoring reports under § 191-06
(A)(2)(e); (iii) Users submitting reports on compliance with the categorical pretreatment standard deadlines under § 191-06
(C); (iv) Users submitting periodic compliance reports required by § 191-06
(D)(1)-(4); and (v) Users submitting an initial request to forego sampling of a pollutant on the basis of § 191-06
(D)(2)(d).
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.
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the Director of Utilities pursuant to § 191-01(D) Definitions – Significant Industrial User and § 191-04(G)(3) must annually submit the following certification statement signed in accordance with the signatory requirements in § 191-06(N). This certification must accompany an alternative report required by the Director of Utilities:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:
(a) The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in § 191-01(D) Definitions – Significant Industrial User;
(b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
________________________________________________
________________________________________________
(3) Certification of pollutants not present. Users that have an approved monitoring waiver pursuant to § 191-06(D)(2) must certify on each monitoring report that there has been no increase in the pollutant in its wastestream due to activities of the user. The certification requirements of this subsection may be fulfilled by including with the following statement on each report.
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _______ [specify 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 filing of the last periodic report under § 191-06(D)(1).
(Ord. O2019-007, passed 2-6-2019)