[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
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 categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Manager a report which contains the information listed in Subsection (B) below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Manager a report which contains the information listed in Subsection (B) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B.
Users described above shall submit the information set forth below.
2.
Measurement Of Pollutants.
a.
The user shall provide the information required in Section 715.180(A)(7)(a) through (d).
b.
The user shall take a minimum of one (1) representative sample
to compile that data necessary to comply with the requirements of
this Subsection.
c.
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 in 40 CFR 403.6(e) 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;
e.
The Manager 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;
f.
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
3.
Compliance Certification. A statement, reviewed by the 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.
4.
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. 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 Section 715.290 of this Chapter.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
The following conditions shall apply to the compliance schedule required by Section 715.280(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 (9) months;
3.
The user shall submit a progress report to the Manager 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 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 Manager.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
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 user subject to such pretreatment standards and requirements shall submit to the Manager a report containing the information described in Section 715.180(A)(6) and (7) and 715.280(B)(2) of this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 715.050, 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 715.410 of this Chapter. All sampling will be done in conformance with Section 715.380.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
All significant industrial users must, at a frequency determined
by the Manager, submit no less than twice per year (June and December
or on dates specified) reports indicating the nature, concentration
of pollutants in the discharge which are limited by pretreatment standards
and the measured or estimated average and maximum daily flows for
the reporting period. 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 Manager
or the pretreatment standard necessary to determine the compliance
status of the user.
B.
The City may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user. This authorization is subject to the following conditions:
1.
The waiver may be authorized where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
2.
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 715.180(A)(8).
3.
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one (1) sampling of
the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
4.
The request for a monitoring waiver must be signed in accordance with Section 715.180(A)(8) and include the certification statement in 715.410.
5.
Non-detectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
6.
Any grant of the monitoring waiver by the Manager must be included
as a condition in the user's permit. The reasons supporting the
waiver and any information submitted by the user in its request for
the waiver must be maintained by the Manager for three (3) years after
expiration of the waiver.
7.
Upon approval of the monitoring waiver and revision of the user's permit by the Manager, the industrial user must certify on each report with the statement in Section 715.410, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
8.
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of Section 715.310, or other more frequent monitoring requirements imposed by the Manager, and notify the Manager.
9.
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
C.
All periodic compliance reports must be signed and certified in accordance with Section 715.410 of this Chapter.
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 a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
If a user subject to the reporting requirement in this Section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Manager, using the procedures prescribed in Section 715.380 of this Chapter, the results of this monitoring shall be included in the report.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
Each user must notify the Manager of any significant changes to the
user's operations or system which might alter the nature, quality,
or volume of its wastewater at least ninety (90) days before the change.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, a slug discharge or slug load that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the Manager of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B.
Within five (5) days following such discharge, the user shall, unless
waived by the Manager, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which might 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 user of any fines, penalties, or other liability
which may be imposed pursuant to this Chapter.
C.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection (A) above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D.
Significant industrial users are required to notify the Manager immediately
of any changes at its facility affecting the potential for a slug
discharge.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Manager as the Manager
may require.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
If sampling performed by a user indicates a violation, the user
must notify the Manager within twenty-four (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 Manager
within thirty (30) days after becoming aware of the violation. Resampling
by the industrial user is not required if the City performs sampling
at the user's facility at least once a month, or if the City
performs sampling at the user between the time when the initial sampling
was conducted and the time when the user or the City receives the
results of this sampling, or if the City has performed the sampling
and analysis in lieu of the industrial user.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
Any 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 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 user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the 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 need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 715.320 of this Chapter. The notification requirement in this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 715.280, 715.300, and 715.310 of this Chapter.
B.
Dischargers are exempt from the requirements of Subsection (A) above 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 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 user must notify the Manager,
the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within
ninety (90) days of the effective date of such regulations.
D.
In the case of any notification made under this Section, the 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.
E.
This provision 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.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
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 Manager or other parties approved
by EPA.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
A.
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 (A)(2) and (A)(3) below, the user must collect wastewater samples using twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Manager. Where time-proportional composite sampling or grab sampling is authorized by the City, 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 (24) 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, 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 715.280 and 715.300 [40 CFR 403.12(b) and (d)], a minimum of four (4) 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 Manager may authorize a lower minimum. For the reports required by Section 715.310 (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 by with applicable pretreatment standards and requirements.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
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.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
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 715.070(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 (3) 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 Manager.
[Ord. No.
5918 § 1, 4-25-2013; Ord. No. 7655, 6-23-2022]
Certification Of Permit Applications, User Reports And Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 715.190; users submitting baseline monitoring reports under Section 715.280(B)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 715.300; and users submitting periodic compliance reports required by Section 715.310(A — D). The following certification statement must be signed by an authorized representative:
"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, to 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."
