City of Battlefield, MO Article IV Industrial Users

Section 700.300 Information Requirements.

[R.O. 2017 § 700.300; Ord. No. 04-40 § 4-1, 10-19-2004]

A. When requested by the Director, industrial users shall have on file with the City, prior to commencing their discharge, wastewater information deemed necessary for determination of compliance with this Chapter, the POTW NPDES permit conditions and State and Federal law. Such information shall be provided by completion of a questionnaire designed and supplied by the Director and by supplements thereto as may be necessary. The Director may periodically require industrial users to update the questionnaire. Failure to submit the questionnaire shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this Chapter. Information requested in the questionnaire and designated by the user as confidential is subject to the conditions of confidentiality as set out in Section 700.080.

B. Industrial users shall keep and maintain records a minimum of five (5) years of the information as referred to in Subsection (A) of this Section and Section 700.310. This period shall be automatically extended for the duration of any litigation concerning compliance with this Chapter, or where the industrial user has been specifically notified of a longer retention period by the Director. Such records shall be available for inspection during regular business hours by the Director, and he/she shall be permitted to make and retain copies of such records.

C. Where a person owns, operates or occupies properties designated as an industrial user at more than one (1) location, separate information submittals shall be made for each location as may be required by the Director.

Section 700.310 Reporting Requirements.

[R.O. 2017 § 700.310; Ord. No. 04-40 § 4-2, 10-19-2004]

A. Baseline Monitoring Reports. Baseline monitoring reports shall be as follows:

1. Within either one hundred eighty (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 significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the Director a report which contains the information listed in Subdivision (A)(2) of this Subsection. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Director a report which contains the information listed in Subdivision (A)(2) of this Subsection. A new source shall be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. The industrial user shall submit the information required by this Section, including:

a. Identifying Information. The name and address of the facility, including the name of the operator and owners.

b. Environmental Permits. A list of any environmental control permits held by or for the facility.

c. Description Of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operations carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

e. Measurement Of Pollutants.

(1) Identify the categorical pretreatment standards applicable to each regulated process.

(2) Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the Director) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 700.330.

(3) Sampling must be performed in accordance with procedures set out in Section 700.330.

f. Certification. A statement reviewed by the industrial user's authorized representative 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.

g. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial 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 Subsection (B) of this Section.

h. Reports To Be Signed And Certified. All baseline monitoring reports must be signed and certified in accordance with Section 700.360.

B. Compliance Schedule Progress Reports. The following conditions shall apply to compliance with schedules:

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, beginning and conducting routine operation);

2. No increment referred to in Subsection (B)(1) shall exceed nine (9) months;

3. The industrial user shall submit a progress report to the Director no later than fourteen (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; and

4. In no event shall more than nine (9) months elapse between such progress reports to the Director.

C. Reports On Compliance With Categorical Pretreatment Standard Deadline. Within ninety (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 industrial user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in Subsections (A)(2), and (D) through (F) of this Section. For 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 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 Section 700.360.

D. Periodic Compliance Reports. Periodic compliance reports shall be as follows:

1. Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 700.360.

2. If an industrial user subject to the reporting requirement in this Section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Section 700.330, the results of this monitoring shall be included in the report.

E. Reports Of Changed Conditions. Each industrial user is required to notify the Director of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least ninety (90) days before the change.

1. The Director 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 contribution permit application under Section 700.350.

2. The Director may issue a wastewater contribution permit under Section 700.370 or modify an existing wastewater contribution permit under Section 700.380.

3. No industrial user shall implement the planned changed conditions until and unless the Director has responded to the industrial user's notice.

4. For purposes of this requirement, significant changes include, but are not limited to, flow increases of ten percent (10%) or greater and the discharge of any previously unreported pollutants.

F. Reports Of Potential Problems.

1. In the case of any discharges, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load which may cause potential problems for the POTW, including a violation of the restricted discharges in Section 700.220, it is the responsibility of the industrial user to immediately telephone and notify the POTW of the incident. This notification shall include the location of discharge, type of wastes, concentration and volume, if known, and corrective actions taken by the industrial user.

2. Within five (5) days following such discharge, the industrial user shall, unless waived by the Director, submit a detailed written report describing the cause 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 of 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; such notification shall not relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this Chapter.

3. Failure to notify the POTW of potential problem discharges shall be deemed a separate violation of this Chapter.

4. 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 (F)(1) of this Section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.

G. Reports From Unpermitted Users. All users not required to obtain a wastewater contribution permit shall provide appropriate reports to the Director as the Director may require.

H. Notice Of Violation/Repeat Sampling And Reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. 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.

I. Notification Of The Discharge Of Hazardous Waste.

1. Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than one hundred (100) 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, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this Subsection needs to be submitted only once for each hazardous waste discharged. However, notifications or changed discharges must be submitted under Subsection (E) of this Section. The notification requirement in this Section does not apply to pollutants already reported under the self-monitoring requirements of Subsections (A), (C) and (D) of this Section.

2. Discharges are exempted from the requirements of Subsection (I)(1) of this Section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (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.

3. In the case of any new regulations under Section 12001 of RCRA[1] 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 Division Director and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

[1] Editor's Note: See 42 U.S.C. § 6901 et seq.

4. 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 waste generated to the degree it has determined to be economically practical.

5. This Section does not create a right to discharge any substance not otherwise permitted to be discharged by this Chapter, a permit issued thereunder or any applicable Federal or State law.

J. 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.

K. Recordkeeping. Industrial 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 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person 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 five (5) years. 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.

Section 700.320 Provision For Monitoring.

[R.O. 2017 § 700.320; Ord. No. 04-40 § 4-3, 10-19-2004]

A. When required by the Director, users of the POTW shall provide suitable access and such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastewater discharge. Such access and/or appurtenances shall be in a readily and safely accessible location and shall be provided in accordance with plans approved by the Director. The access and all appurtenances shall be provided and maintained at the owner's expense.

B. The Director shall consider such factors as the volume and strength of the discharge, quantities of toxic materials in the discharge, rate of discharge, POTW removal capabilities and cost effectiveness in determining whether or not access and equipment for monitoring wastewater discharge shall be required.

C. Where the Director determines access and equipment for monitoring or measuring wastewater discharges to the POTW are not practicable, reliable or cost effective, the Director may specify alternative methods of determining the characteristics of the wastewater discharge which will provide an equitable measurement of such characteristics.

D. 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 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 unrepresentative of its discharge.

Section 700.330 Determination Of Wastewater Characteristics.

[R.O. 2017 § 700.330; Ord. No. 04-40 § 4-4, 10-19-2004]

A. Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this Chapter shall be determined in accordance with procedures contained in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard or with any other test procedures approved by the administrator of EPA. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the Director.

B. Except as indicated in Subsection (C) of this Section, the industrial user must collect wastewater samples using flow proportional composite collection techniques. If flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or through 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.

C. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.

D. Measurements, tests and analyses of the characteristics of wastewater required by this Chapter shall be performed by a laboratory approved by the Director. When such analyses are required of a user, the user may, with the approval of the Director, make arrangements with a qualified laboratory, including that of the user, to perform such analyses.

E. Monitoring of wastewater characteristics necessary for determination of compliance with this Chapter shall be conducted at least semiannually unless more frequent monitoring is required by the Director.