The reporting requirements for holders of discharge agreements
and wastewater discharge permits shall be the same as presented below:
A. Pretreatment baseline monitoring report.
(1)
Any existing user subject to national pretreatment standards
shall submit a baseline monitoring report (form supplied by the Town),
which includes, at a minimum, the information set forth in 40 CFR
403.12((b)(1) through (6), to the Commission by whichever deadline
is later:
(a)
One hundred eighty days after the final administrative decision
is made upon a category determination submission under 40 CFR 403.6(a)(4);
or
(b)
One hundred eighty days after the effective date of a categorical
pretreatment standard for that particular industry.
(2)
If additional pretreatment and/or operation and maintenance
procedures will be required to meet the pretreatment standards, the
user shall submit a schedule for compliance with said standards. The
completion date in the compliance schedule shall not be later than
the compliance date established for the applicable pretreatment standard.
Not later than 14 days following each date in the schedule, 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 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.
(3)
At least 90 days prior to commencement of their discharge, new
sources and sources that become categorical users after the promulgation
of an applicable categorical standard shall submit to the Commission
a report which contains the information set forth in 40 CFR 403.12(b)(1)
through (5). A new source shall report the method of pretreatment
it intends to use to meet the applicable categorical standards. A
new source shall also give estimates of its anticipated flow and quantity
of pollutants to be discharged.
B. Pretreatment compliance report.
(1)
Any user presently discharging to the POTW and subject to national
pretreatment standards shall submit a report within 90 days following
the date for final compliance with said standards. New users shall
submit this report following commencement of the introduction of wastewater
into the POTW. On a reporting form supplied by the Town, the user
shall supply the following information:
(a)
The nature and concentration of all pollutants in the discharge
from the regulated process which are limited by pretreatment standards.
(b)
The average and maximum daily flow for those process units of
the industrial user which are limited by such pretreatment standards
or requirements.
(c)
Whether applicable pretreatment standards and requirements are
being met, and if not, what additional pretreatment and/or operation
and maintenance procedures are needed to bring the user into compliance.
(d)
The user shall supply additional information as required by
40 CFR 403.12(d) or as required by the Commission.
(2)
This statement shall be signed by an authorized representative
of the user and certified by a qualified professional, as specified
in 40 CFR 403.12(d).
C. Periodic compliance reports. 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 or the approval authority, a
report indicating the nature and concentration of pollutants in the
effluent which are limited by such categorical pretreatment standards.
In addition, this report shall include a record of measured or estimated
average and maximum daily flows for the reporting period for the discharge
reported in the baseline monitoring report, except that the control
authority may require more detailed reporting of flows. 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. Significant noncategorical users shall submit
periodic compliance reports at least once every six months in accordance
with 40 CFR 403.12(h) on dates specified by the Commission.
D. Self-monitoring reports. If a self-monitoring report is required,
the reporting schedule and requirements will be stated on each industrial
user's wastewater discharge permit.
E. Accidental discharges report. In the event of an accidental discharge
into the sanitary sewer of any wastes which might pose a hazard to
the POTW treatment processes, personnel or sludge disposal methods
or the discharge of a slug as defined herein, the Department must
be notified by the user within one hour after discovery. Notification
shall include location of discharge, type of waste, concentration
and volume and corrective actions. A written report must be submitted
within five days, stating what occurred and the corrective actions
taken so that further accidental discharges will not occur.
F. Upset reporting,
(1)
The occurrence of an upset, as defined herein, shall constitute
an affirmative defense for an industrial user to an action brought
for noncompliance with national categorical pretreatment standards
and local and state requirements. The burden of proof for such upset
shall rest on the industrial user. The industrial user must notify
the Department within one hour of becoming aware of the upset. The
industrial user must have evidence to demonstrate the following conditions:
(a)
An upset occurred and the industrial user can identify the specific
cause(s) of the upset.
(b)
The treatment facility was at the time being operated in a prudent
and workmanlike manner and in compliance with applicable operation
and maintenance procedures.
(c)
The industrial user has submitted the following information
within 24 hours of becoming aware of the upset (If this information
is provided orally, a written submission must be provided within five
days.):
[1]
A description of the discharge and cause of noncompliance.
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(d)
In any enforcement proceeding, the user, seeking to establish
the occurrence of an upset, shall have the burden of proof.
(2)
The industrial user shall control production and all discharges
upon reduction, loss or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things,
the primary source of power of the treatment facility is reduced,
lost or fails.
G. Recordkeeping.
(1)
Users subject to the reporting requirements of this regulation
shall retain and make available for inspection and copying all records
and information obtained pursuant to any monitoring activities required
by these regulations or by order of the Commission and any additional
records or information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Such records
shall include for all samples:
(a)
The date, exact place, method and time of sampling and name(s)
of the person(s) taking the samples.
(b)
The dates analyses were performed.
(c)
Who performed the analyses.
(d)
The analytical techniques/methods used.
(e)
The results for such analyses.
(2)
Any industrial user subject to the reporting requirements established
in these regulations shall be required to maintain for a minimum of
three years all records of monitoring activities and results. Records
shall be made available for inspection and copying by the Commission.
The period of retention shall be extended during the course of any
unresolved litigation relating to the industrial user, the Town or
the Commission, or where the user has been specifically notified or
ordered to retain records for a longer period by the Commission.
H. Sludge documentation. The transportation and/or disposal of sludges
generated by pretreatment shall be subject to applicable federal,
state and local regulations. The industrial user shall be responsible
for documenting the transporting and/or disposal of all pretreatment
sludges. Receipts and other documentation shall be kept for a minimum
of three years and shall be made available to the Commission upon
request.
I. Intercepted and separated materials. Upon request by the Commission,
a user having an interceptor or separator must state specifically
how the waste oil, grease, solvent, paint, etc., is disposed of and
must provide evidence of such disposal service when required by the
Commission. Records and receipts must be kept which demonstrate that
these waste materials were contained and transported in a safe manner
as prescribed by the rules of regulatory agencies, including but not
limited to the United States Department of Transportation, and handled
by reputable persons who shall dispose of all such wastes in accordance
with all federal, state and local regulations.
J. Truth in reporting. The reports required by this section shall comply
with and be subject to the provisions of the United States Code (18
U.S.C. § 1001) relating to fraud and false statements; the
provisions of Section 309(c)(4) of the Act governing false statements,
representation or certification; and the provisions of Section 309(c)(6)
of the Act regarding responsible corporate officers.
K. Reports of changed conditions. All industrial users shall promptly
notify the Department in advance of any substantial change in the
volume or character of pollutants in their discharge, including the
listed or characteristic hazardous wastes for which the industrial
user has submitted initial notification under 40 CFR 403.12(p).
L. Notice of violation; repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Department
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 Department within 30 days after becoming aware
of the violation. The user is not required to resample if the City's
Superintendent monitors at the user's facility at least once a month
or if the City's Superintendent samples at a time between the user's
initial sampling and the time when the user received the results of
this initial sampling.
M. Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the Department, Commission, 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 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 in the waste stream discharged during the following 12 months. All notifications must take place no later than 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 §
320-4.4K of these regulations. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of these regulations.
(2)
Dischargers are exempt from the requirements of Subsection
M(1) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as set forth in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 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.
(3)
If new regulations under Section 3001 of the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901 et seq., or any other
federal or state statute identify additional characteristics of hazardous
waste or list any additional substance as a hazardous waste, the user
must notify the Commission, the EPA Regional Waste Management Waste
Division Director and state hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such regulations.
(4)
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.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by these regulations, by
a permit issued hereunder or by any applicable federal or state law.
N. Analytical requirements. All pollutant analysis, 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, 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, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
The Town and/or City may inspect the facilities of any user
to ascertain whether the purpose of these regulations is being met
and all requirements are being complied with. Persons or occupants
of premises where wastewater is created or discharged shall allow
the Commissioners, City Superintendent, and other duly authorized
employees of the Town and/or City ready access at all reasonable times
to all parts of the premises for the purposes of inspection, observation,
measurement, sampling, records examination or in the performance of
any of their duties. The Town, City, approval authority and, where
the NPDES state is not the approval authority, EPA shall have the
right to set up on the user's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the Town, City, approval authority and EPA will be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.