[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Users subject to National Categorical Pretreatment Standards shall
submit baseline reports to the control authority on a form prescribed
and furnished by the control authority.
(b)
Within 180 days after the effective date of a National Categorical
Pretreatment Standard, or 180 days after a final administrative decision
has been made upon a categorical determination submission in accordance
with 40 CFR 403.6(a)(4), whichever is later, nondomestic users which
are existing sources subject to such National Categorical Pretreatment
Standards and currently discharging to the POTW shall submit a properly
completed baseline report.
(c)
New sources, when subject to a National Categorical Pretreatment
Standard, shall submit a baseline report at least 90 days prior to
commencement of discharge to the POTW.
(d)
In support of the baseline report, the nondomestic user shall submit,
in units and terms specified in the application, the following information:
(1)
Name and address of the facility including the name of the operator
and owners.
(2)
List of any environmental control permits held by or for the
facility.
(3)
Brief description of the nature, average rate of production,
and standard industrial classification of the operation(s) carried
out by such user. This description shall include a schematic process
diagram indicating points of discharge to the POTW from the regulated
processes.
(5)
The nondomestic user shall identify the National Categorical
Pretreatment Standards applicable to each regulated process, and shall:
a.
Submit the results of sampling and analysis identifying the
nature and concentration of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentrations
shall be reported. The sample shall be representative of daily operations.
b.
A minimum of four grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organics. For
all other pollutants, twenty-four-hour composite samples must be obtained
through flow proportional composite sampling techniques where feasible.
The control authority may waive flow-proportional composite sampling
for any industrial user that demonstrates that flow-proportional sampling
is infeasible. In such cases samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four grab samples
where the user demonstrates that this will provide a representative
sample of the effluent being discharged.
c.
A nondomestic user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this paragraph.
d.
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 of 40 CFR 403.6(e) in order 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.
(6)
A nondomestic user shall provide a statement, reviewed by an
authorized representative of the user, indicating whether National
Categorical Pretreatment Standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M)
measures or additional pretreatment is required for the user to meet
the National Categorical Pretreatment Standards.
(7)
If additional pretreatment or O&M will be required to meet
the National Categorical Pretreatment Standards, the user will provide
the shortest schedule which will provide such additional pretreatment
or O&M. The completion date in this schedule shall not be later
than the compliance date established for the applicable National Categorical
Pretreatment Standard, or as follows:
a.
Where the user's National Categorical Pretreatment Standard has been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula [[40 CFR 403.6(e)], or net/gross calculations (40 CFR 403.15), at the time the user submits a baseline report containing the information required in Section 29-77(d)(6) and (7) shall pertain to the modified limits.
b.
If the National Categorical Pretreatment Standard for the user is modified after the baseline report is submitted, the industrial user shall make any necessary amendments to information provided as a response to Section 29-77(d)(6) and (7) and submit them to the control authority within 60 days after the modified limit is approved.
(8)
The following conditions shall apply to any schedule submitted in response to Section 29-77(d)(7):
a.
The schedule shall contain increments of progress 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 National Categorical Pretreatment
Standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
b.
No increment referred to in Section 29-77(d)(8)a. shall exceed nine months.
c.
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the control authority including, at a minimum, whether or not it
complied with the increment of progress to be met on such 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
industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the control authority.
(9)
Such other information as may be reasonably requested by the
control authority.
(e)
The control authority 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.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
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 categorical pretreatment standards
shall submit to the control authority a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by such standards and the average and maximum
daily flow for these process units in the user facility which are
limited by such pretreatment standards or requirements. Where equivalent
mass or concentration limits are established by the control authority
for a user, this report shall contain a reasonable measure of the
user's long-term production rate. Where a user is subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge
per unit of production, the report shall include the user's actual
production during the appropriate sampling period. The report shall
state whether the applicable pretreatment standards are being met
on a consistent basis and, if not, what additional O&M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards. This statement shall be signed
by an authorized representative of the user.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Any user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Section 29-77(d)(4). At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are to be submitted.
(b)
The control authority may impose mass limitations on users which
are using dilution to meet applicable pretreatment standards or requirements,
or in other cases where the imposition of mass limitations are appropriate.
In such cases, the report required by Paragraph (a) of this section
shall indicate the mass of pollutants regulated by pretreatment standards
in the effluent of the user. These reports shall contain the results
of sampling and analysis of the discharge, including the flow and
the nature and concentration, or production and mass where requested
by the control authority, of pollutants contained therein which are
limited by the applicable pretreatment standards.
(c)
For users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c), the report required by Section 29-79(a) shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by Section 29-79(a) shall include the user's actual average production rate for the reporting period.
(d)
Significant noncategorical industrial users shall submit to the control
authority at least once every six months (on dates specified by the
control authority) a description of the nature, concentration, and
flow of the pollutants required to be reported by the control authority.
In cases where the pretreatment standard requires compliance with
a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by the superintendent
or the pretreatment standard necessary to determine the compliance
status of the user.
[Ord. No. 1516, 9-3-2008]
The control authority may require industrial users to conduct
self-monitoring. The control authority shall determine the frequency
of self-monitoring necessary to assess and assure compliance by the
industrial user with applicable pretreatment standards and requirements.
The control authority may require the industrial user to provide a
split of self-monitoring samples. The control authority shall require
appropriate reporting from industrial users required to conduct self-monitoring.
[Ord. No. 1516, 9-3-2008]
All sampling and analyses conducted shall be performed in accordance
with the procedures and methods detailed in the most current version
of:
(1)
"The Guidelines Establishing Test Procedures for the Analysis of
Pollutants" 40 CFR, part 136, as amended.
(2)
"Standard Methods for the Examination of Water and Wastewater," American
Public Health Association.
(3)
"Manual of Methods for Chemical Analysis of Water and Wastes," United
States Environmental Protection Agency.
(4)
Any other method as may be approved by the control authority.
[Ord. No. 1516, 9-3-2008]
(a)
Each laboratory utilized by industries conducting self-monitoring
as required by the control authority shall be approved by the control
authority and required to operate a formal quality control program
as outlined in the most current version of:
(b)
Laboratories conducting analyses for industrial users must submit
a copy of the formal quality control documentation prior to approval
by the control authority. Approval of laboratories shall be subject
to periodic review. The control authority shall have the right to
issue blind standards to be analyzed by other laboratories being utilized
for self-monitoring. In the case of resolving disputes between analytical
data generated by the control authority and another laboratory, any
data without documented supporting quality control data will be rejected.
[Ord. No. 1516, 9-3-2008]
(a)
The reports required by Sections 29-69, 29-77, 29-78, 29-79, 29-81 and 29-82 shall be based on sampling and analysis performed in the period covered by the report, at the location set forth by the control authority, and performed in accordance with the sampling and analysis procedures as outlined in Section 29-80.2. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the control authority itself collects all the information required for the report, the user will not be required to submit the report.
(b)
If sampling performed by a user indicates a violation, the user shall
notify the superintendent 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 superintendent within
30 days after becoming aware of the violation, except the user is
not required to resample if:
(1)
The control authority performs sampling at the industrial user
at a frequency of at least once per month, or
(2)
The control authority performs sampling at the user between
the time when the user performs its initial sampling and the time
when the user receives the results of this sampling.
|
If the control authority performs the sampling for the SIU,
the control authority must perform any required repeat sampling and
analysis within 30 days of becoming aware of a violation.
|
(c)
The reports required in Paragraph (a) and (d) of Section 29-79 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. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards, and requirements.
(d)
If an industrial user subject to the reporting requirement in Sections 29-69, 29-77, 29-78, 29-79, 29-81 and 29-82 monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(f)
The reports required in Sections 29-77, 29-78, 29-77(a) and 29-79(d) must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. 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 organic compounds 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 control authority, as appropriate.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Every significant noncategorical industrial user shall submit
to the control authority at least once every six months (on date specified
by the control authority) a description of the nature, concentration,
and flow of the pollutants required to be reported by the control
authority. These reports shall be based on sampling and analysis performed
in the period covered by the report, and performed in accordance with
the techniques describe in 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 DEQ or control authority
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures suggested by the control
authority or other persons, approved by the DEQ. In cases where the
pretreatment standard requires compliance with a best management practice
(BMP) or pollution prevention alternative, the user must submit documentation
required by the control authority or the pretreatment standard necessary
to determine the compliance status of the user. This sampling and
analysis may be performed by the control authority in lieu of the
significant noncategorical industrial user. Where the control authority
itself collects all the information required for the report, the significant
noncategorical industrial user will not be required to submit the
report.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The control authority may require appropriate reporting from
those industrial users with discharges that are not subject to categorical
pretreatment standards and are not otherwise deemed by the control
authority to be significant.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a)
Any nondomestic user, except as specified in Subsection (e) below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261, shall notify the control authority in writing of such discharge.
(b)
All hazardous waste notifications shall include:
(1)
The name of the hazardous waste as set forth in 40 CFR Part
261;
(2)
The EPA hazardous waste number;
(3)
The type of discharge (continuous, batch, or other); and
(4)
A certification that the user 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.
(c)
In addition to the information submitted in Section 29-83(b), nondomestic users discharging more than 100 kg of hazardous waste per calendar month to the POTW shall contain to the extent such information is known and readily available to the nondomestic user:
(1)
An identification of the hazardous constituents contained in
the waste;
(2)
An estimation of the mass and concentration of such constituents
in the waste stream discharged during that calendar month; and
(3)
An estimation of the mass of constituents in the waste stream
expected to be discharged during the following 12 months.
(d)
Hazardous waste notifications shall be submitted no later than February 19, 1991, except that IUs commencing the discharge of listed or characteristic hazardous wastes after August 23, 1990, shall provide the notification no later than 180 days from the discharge of the wastes. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must also be submitted under Section 29-55(b) of this chapter.
(e)
Nondomestic users are exempt from the hazardous waste notification
requirement during a calendar month in which they discharge 15 kg
or less of nonacute hazardous wastes. Discharge of any quantity of
acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e)
requires a one-time notification.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The reports required in Sections 29-77, 29-78, 29-79, 29-81 and 29-82 shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed as follows:
(a)
By a responsible corporate official, if the industrial user submitting
the reports is a corporation. For the purpose of this paragraph, a
responsible corporate official 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 or decision
making functions for the corporation, or (b) The manager of one or
more manufacturing, production, or operation facilities employing
250 persons or having gross annual sales or expenditures exceeding
$25,000,000 (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(b)
By a general partner or proprietor if the industrial user submitting
the reports is a partnership or sole proprietorship respectively.
(c)
(2)
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, or a position of equivalent responsibility, or having
overall responsibility for environmental matters for the company;
and
(3)
The written authorization is submitted to the control authority.
(d)
If an authorization under Section 29-84(c) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Section 29-84(c) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
