[Ord. No. 544 §4-1, 2-7-2005]
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 705.080.
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 705.400. 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.
[Ord. No. 544 §4-2, 2-7-2005]
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 (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 (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 wastestream 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 705.420.
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.
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 Subdivision (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), (D) — (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 705.480.
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 705.480.
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 705.470.
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 705.280, 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 wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream 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 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.
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.
[Ord. No. 544 §4-3, 2-7-2005]
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.
[Ord. No. 544 §4-4, 2-7-2005]
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.
