The following conditions shall apply to the compliance schedule required by Section
71-30(b)(4) of this chapter:
(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 above shall exceed nine months;
(3) The user shall submit a progress report to the Director of Wastewater
or his/her designee 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 user
to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress
reports to the Director of Wastewater or his/her designee.
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 Wastewater or his/her designee a report containing the information described in Sections
71-19(a)(6) and (7) and
71-30(b)(2) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section
71-6, this 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), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section
71-43(a) of this chapter. All sampling will be done in conformance with Section
71-40.
Each user must notify the Director of Wastewater or his/her
designee of any significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 90 days before the change.
(1) The Director of Wastewater or his/her designee 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 Section
71-19 of this chapter.
(2) The Director of Wastewater or his/her designee, may issue an individual wastewater discharge permit under Section
71-28 of this chapter or modify an existing wastewater discharge permit under Section
71-25 of this chapter in response to changed conditions or anticipated changed conditions.
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Director of Wastewater
or his/her designee, as the Director of Wastewater or his/her designee,
may require.
If sampling performed by a user indicates a violation, the user
must notify the Director of Wastewater or his/her designee within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the Director of Wastewater or his/her designee within 30 days after
becoming aware of the violation. Resampling by the industrial user
is not required if the City of Biddeford, Maine, performs sampling
at the user's facility at least once a month, or if the City of Biddeford,
Maine, performs sampling at the user between the time when the initial
sampling was conducted and the time when the user or the City of Biddeford,
Maine, receives the results of this sampling, or if the City of Biddeford,
Maine, has performed the sampling and analysis in lieu of the industrial
user.
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,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Director of Wastewater or his/her
designee or other parties approved by EPA.
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 Subsections
(2) and
(3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director of Wastewater or his/her designee. Where time-proportional composite sampling or grab sampling is authorized by the City of Biddeford, Maine, 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 twenty-four-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 City of Biddeford, Maine, 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 ninety-day compliance reports required in Sections
71-30 and
71-32 [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, the Director of Wastewater or his/her designee, may authorize a lower minimum. For the reports required by Section
71-33 [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.
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 United States Postal Service,
the date of receipt of the report shall govern.
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 Section
71-8(c). 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. This period shall be automatically extended for the duration of any litigation concerning the user or the City of Biddeford, Maine, or where the user has been specifically notified of a longer retention period by the Director of Wastewater or his/her designee.