City of Las Vegas, NM Article VI Reporting Requirements

§ 435-27 Baseline monitoring reports (BMR).

A. The Supervisor may require the submission of additional, more current BMRs from time to time from an industrial user. Revised BMRs should use historical data where the data provides information sufficient to determine the need for additional industrial pretreatment measures.

B. The BMR shall indicate the time, date, and location of all sampling provided, methods of analysis, and shall certify that the sampling and analysis is representative of the normal work cycles and expected pollutant discharges to the POTW.

C. All baseline monitoring reports must be signed and certified in accordance with § 435-18 of this chapter.

§ 435-28 Compliance schedule progress report.

The following conditions shall apply to the compliance schedule required by the wastewater discharge permit application § 435-17A(12). 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Supervisor no later than 14 days following each date in the schedule, and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Supervisor.

§ 435-29 Categorical pretreatment standard compliance report.

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 categorical industrial user subject to such pretreatment standards and requirements shall submit to the City of Las Vegas a report containing flow measurement, sampling, and analysis of pollutants regulated in the industrial users wastewater discharge permit. For categorical industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the categorical industrial user's long-term production rate. 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 industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 435-18.

§ 435-30 Periodic compliance report.

A. Any significant industrial user subject to a pretreatment standard shall submit a report quarterly indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards, the measured or estimated average, and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified accordance with § 435-18.

B. All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. Failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are not representative of its discharge.

C. If an industrial user, subject to the reporting requirement in and of this section, monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in § 435-39 of this chapter, the monitoring results shall be included in the report.

§ 435-31 Changed conditions report.

Each industrial user is required to notify the Supervisor of any planned changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

A. The Supervisor may require the industrial 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 Article IV.

B. The Supervisor may issue a wastewater discharge permit under § 435-19 or modify an existing wastewater discharge permit under § 435-23.

C. No industrial user shall implement the planned changed condition(s) until and unless the Supervisor has approved the industrial user's change.

D. For purposes of this requirement, flow increases of 10% or greater, and the discharge of any previously unreported pollutants, shall require a changed condition report.

§ 435-32 Slug discharge report.

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 435-5 of this chapter), it is the responsibility of the industrial user to immediately telephone and notify the Supervisor or his designee of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.

B. Within five days following such discharge, the industrial user shall, unless waived by the Supervisor, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user or any expense, loss, damage, or other liability which may 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 industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter.

C. Failure to notify the City of Las Vegas of potential problem discharges shall be deemed a separate violation of this chapter.

D. A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.

§ 435-33 Nonpermitted industrial users reports.

All industrial users not subject to categorical pretreatment standards, not classified as SIU, and not required to obtain a wastewater discharge permit shall provide appropriate reports to the City of Las Vegas as the Supervisor may require.

§ 435-34 Repeat sampling report.

If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis within 30 days after becoming aware of the violation and submit the results of the repeat analysis to the City of Las Vegas. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.

§ 435-35 Hazardous waste discharge notification.

A. Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the State Department of Environmental Quality, Division of Solid and Hazardous Waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, and estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 30 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 435-31 above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of §§ 435-27, 435-29, and 435-30 above.

B. Dischargers are exempt from the requirements of Subsection A of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharges of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and State Department of Environmental Quality, Division of Solid and Hazardous Waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

§ 435-36 Timing.

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 serviced by the U.S. Postal Service, the date of receipt of the report shall govern.

§ 435-37 Recordkeeping.

Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this chapter. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any enforcement action concerning compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the Supervisor.