(a) All industrial users subject to Categorical Pretreatment Standards and any other industrial user as required by the Director shall not discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director as required in Section 923.14. These industrial users shall submit a baseline monitoring report to determine acceptability of discharge and compliance with applicable pretreatment standards and requirements. Industrial users subject to a newly promulgated Categorical Pretreatment Standard shall submit this report within 180 days following the effective date of such a standard. New source dischargers shall submit a baseline report at least ninety days prior to discharging to the POTW. For new source industries, the Director may allow estimates of production rates, discharge volumes and pollutant concentrations. The information on this report shall be current and shall include the following:
(1) Name and address of applicant.
(2) A list of any environmental control permits held by the facility.
(3) A description of operations, including the nature, rate of production and Standard Industrial Classification (SIC) of the operation(s). This description shall include a schematic process diagram which indicates the point(s) of discharge to the POTW.
(4) Measured average daily and maximum flows of regulated process streams and other nonregulated streams.
(5) Results of sampling and analysis of regulated pollutants from each regulated process. Except as indicated in subsection (a)(5)A. hereof, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition. grab samples may be required to show compliance with instantaneous discharge limits. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream of regulated processes if no pretreatment facilities exist. All samples shall be representative of daily operations.
A. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, hexavalent chromium, and volatile organic compounds must be obtained using grab collection techniques and composited in a laboratory.
B. Except for those pollutants that are required to be measured by grab samples (referenced above), all other pollutants will be measured by flow-proportional sampling unless justification for an alternate sampling type, representative of the discharge, is documented in the industrial user file.
C. Multiple grab samples collected during a twenty-four-hour period may now be composited prior to the analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides the samples may now be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may now be composited in the laboratory. Protocols (including appropriate preservation) specified in 40 C.F.R. 136 and appropriate U.S. EPA guidance must be followed.
D. The Director may require an industrial user to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary.
E. If a violation is detected through sampling and analysis conducted by City in lieu of the industrial user, the City will 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.
F. All wastewater samples must be representative of the Discharger'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 Discharger to keep its monitoring facility in good working order shall not be grounds for the Discharger to claim that sample results are unrepresentative of its discharge.
G. 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.
(5.5) Effluent limits, including Best Management Practices, based on applicable pretreatment standards.
(6) Raw materials utilized and their amount.
(7) Type and amount of product produced. For industrial users subject to equivalent mass or concentration limits established by the Director, this report shall include a reasonable measure of the user's long-term production rate. For industrial users subject to production based standards, this report shall include the user's actual production during the appropriate sampling period.
(7.5) When determined to be necessary by the Director, submit documentation indicating compliance with BMP’s.
(8) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this section, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment according to the conditions in Section 923.17(d).
(9) This report shall include the certification statement and shall be signed by an authorized representative of the discharger as defined in Section 923.17(f).
(b) Compliance Data Report. Within ninety days following the date for final compliance by the SIU with applicable pretreatment standards set forth in this section or ninety days following commencement of the introduction of wastewater into the sewage system by a new discharger, any discharger subject to this section shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow in gallons. In cases where the wastewater discharge permit requires compliance with a Best Management Practice, the discharger must submit documentation required by the Director or the wastewater discharge permit necessary to determine the compliance status of the discharger. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operations and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable pretreatment standards or requirements, and this statement shall be signed by an authorized representative of the discharger.
(c) An industrial user, as required by its discharge order, shall submit to the Director during the months of June and December, unless required more frequently by the Director, a report indicating the nature and concentration of the regulated substances in the effluent which are limited by Pretreatment Standards. The Director, for extenuating circumstances, may authorize the submission of the reports on months other than those specified herein.
Each report shall include an accurate record of flows, including minimums, averages and maximums, during the period based on actual measurements. The Director may waive the requirements for actual flow measurement if reliable estimates of minimum, average and maximum flow rates can be established by the discharger and verified by the Director. Each report shall include the certification statement and shall be signed by an authorized representative of the discharger as defined in Section 923.17(f).
(Ord. 91-30. Passed 3-11-91.)
(d) Where additional pretreatment and/or operation and maintenance activities will be required to comply with these regulations, the discharger shall provide a written declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
(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 relating 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 these regulations. The time period for any single event shall not exceed nine months.
(2) Within twenty-one days of its submission, the Director shall issue written approval, disapproval or modification to the schedule.
(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 Director, 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 to the approved schedule.
(Ord. 84-159. Passed 11-26-84; Ord 88-42. Passed 3-14-88.)
(e) The City has the authority to convert mass per unit of production limits to equivalent mass per day or concentration limits for industries that fall under National Categorical Standards.
(Ord. 90-29. Passed 3-26-90.)
(f) All reports required under this section shall include 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, at 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.
Additionally, all reports shall be signed by:
(1) In case of a corporation, by a responsible corporate officer. A responsible corporate officer means:
A. A president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or
B. The Manager of one or more manufacturing, production or operating facilities, provided the Manager:
1. Is authorized to make management decisions that govern the operation of the regulated facilities including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; and
2. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and
3. Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
(2) In the case of a partnership, by a general partner.
(3) In the case of a sole proprietorship, by the proprietor.
(4) By a duly authorized representative of the individual designated in subsections (f)(1) to (3) hereof, if the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, superintendent, a position of equivalent responsibility or having overall responsibility for environmental matters for the company.
(Ord. 15-123. Passed 11-23-15.)
(g) All industrial users shall be responsible for notifying the City in advance of any substantial changes in volume or character of their respective discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12 (p).
All monitoring and analyses performed by a user, as required by its discharge order, shall be in accordance with 40 CFR, Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Director determines that Part 136 is inappropriate for the pollutant in question, sampling and analysis shall be performed by using analytical methods or other applicable sampling and analytical procedures approved by the Director. The user shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals to ensure accuracy of measurements. The frequency of monitoring by the discharger shall be as prescribed in their respective discharge order.
If the industrial user monitors any pollutant more frequently than designated in its respective discharge order, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values as required within the user discharge order. Should any monitoring data reveal a violation of the user's discharge order, the user shall notify the City within twenty-four hours of becoming aware of the violation. The user shall then repeat the monitoring and submit the results to the City within thirty days of becoming aware of the violation.
(Ord. 91-30. Passed 3-11-91.)