[Ord. 1073, 11/8/2007, § 6.1]
1. Within either 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 users currently discharging to or scheduled to discharge to the POTW shall submit to the City a report which contains the information listed in Subsection
2, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the City a report which contains the information listed in Subsection
2, 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.
2. Users described above shall submit the information set forth below:
A. Identifying Information. The name and address of the facility, including
the name of the operator and owner.
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
operation(s) carried out by such 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)
The categorical pretreatment standards applicable to each regulated
process.
(2)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the City, 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 §
18-442 of this Part.
(3)
Sampling must be performed in accordance with procedures set out in §
18-443 of this Part.
F. 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. (Note: For certain users, the authorized
user and the qualified professional may be the same individual.)
G. 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. 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 §
18-435 of this Part.
H. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with §
18-423 of this Part.
[Ord. 1073, 11/8/2007, § 6.2]
1. The following conditions shall apply to the compliance schedule required by §
18-434, Subsection 2G, of this Part:
A. 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).
B. No increment referred to above shall exceed nine months.
C. The user shall submit a progress report to the City no later than
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.
D. In no event shall more than nine months elapse between such progress
reports to the City.
[Ord. 1073, 11/8/2007, § 6.3]
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 such pretreatment standards and requirements shall submit to the City a report containing the information described in §
18-434, Subsection 2D-F and H of this Part. For 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 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 §
18-422 of this Part.
[Ord. 1073, 11/8/2007, § 6.4]
1. Sampling and analysis of industrial wastewater for the purpose of
compliance determinations with respect to Part 1B prohibitions and
limitations shall be done through industry self-monitoring and through
monitoring done by the City. All analyses, including sampling results
submitted in support of any application reports, evidence or required
by any permit or order shall be performed in accordance with the techniques
prescribed in 40 CFR, Part 136, and amendments thereto or, if 40 CFR,
Part 136, does not contain sampling or analytical techniques for the
pollutant in question, in accordance with procedures approved by EPA.
The City may require an independent laboratory to conduct the sampling
and analysis at the user's own cost if the user does not monitor
and analyze in accordance with EPA procedures, specifically 40 CFR,
Part 136.
2. All significant industrial users shall, at a frequency determined by the City in the user's permit, but in no case less than twice per year, submit a report indicating the nature and 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. All periodic self-monitoring reports must be signed and certified in accordance with §
18-423 of this Part. The user must also submit a self-monitoring report with the results on a form prescribed by the City, if so requested by the City.
3. 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.
4. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the City, using the procedures prescribed in §
18-442 of this Part, the results of this monitoring shall be included in the report.
5. The user shall ensure compliance with the record keeping requirements of §
18-445 of this Part.
[Ord. 1073, 11/8/2007, § 6.5]
1. Each user must notify the City of any planned significant changes
to the user's operations or system which might alter the nature,
quality, or volume of its wastewater at least 30 days before the change.
A. The City may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under §
18-422 of this Part.
B. The City may issue a wastewater discharge permit under §
18-424 of this Part or modify an existing wastewater discharge permit under §
18-428 of this Part in response to changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but
are not limited to, flow variations as stated in the user's permit
and the discharge of any previously unreported pollutants.
[Ord. 1073, 11/8/2007, § 6.6]
1. In the case of any discharge including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
City 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.
2. Within five days following such discharge, the user shall, unless
waived by the City, 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 may 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 Part.
3. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection
1, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
[Ord. 1073, 11/8/2007, § 6.7]
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the City as the City may require.
[Ord. 1073, 11/8/2007, § 6.8]
If sampling performed by a user indicates a violation, the user
must notify the City 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 City within 30 days after becoming
aware of the violation. The user is not required to resample if the
City monitors at the user's facility at least once a month, or
if the City samples between the user's initial sampling and when
the user receives the results of this sampling.
[Ord. 1073, 11/8/2007, § 6.9]
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report, for the purpose of compliance with this Part; or in fulfillment
of the user's permit self-monitoring requirements, 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 the EPA.
[Ord. 1073, 11/8/2007, § 6.10]
1. Except as indicated in Subsection
2, below, the City reserves the right to require flow proportional composite samples whenever the user is required to collect wastewater samples. When flow proportional sampling is infeasible or derives no benefit, the City may authorize the use of time proportional sampling or a minimum of four 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. The City will review the appropriate method of sampling with the user.
2. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
3. For automatic samplers, the intake line hose must be at least 1/4
inches (0.6 cm) internal diameter and the velocity in the intake line
must be maintained at least at two feet per second.
[Ord. 1073, 11/8/2007, § 6.11]
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. 1073, 11/8/2007, § 6.12]
1. Users subject to the reporting requirements of this Part shall retain,
and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this Part
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(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 years unless there
is pending a dispute or litigation involving the subject of these
records, in which case these records are to be kept for a period of
three years following resolution of such litigation or dispute.
2. All users who discharge or propose to discharge wastewater directly
or indirectly to the facilities shall maintain records which substantiate
any information supplied in permit applications. Such records shall
include, but not be limited to, pH measurements or pH tapes, chemical
usage data, log sheets, hazardous waste manifests, water meter readings,
effluent monitoring reports, self-monitoring compliance reports and
any other informational requirements of this Part or required by a
user's wastewater discharge permit or any applicable state and
federal laws and regulations. These records are to be kept for a period
of three years unless there is pending a dispute or litigation involving
the subject of these records, in which case these records are to be
kept for a period of three years following resolution of such litigation
or dispute.
[Ord. 1073, 11/8/2007, § 6.13]
1. Any user who will be selling, closing or moving a business from its
present location must notify the City in writing 30 days before disposing
of any process waste, associated with the move or the cessation of
business, into the sewer system if said waste is not currently permitted
to be discharged. The City has a shutdown facility procedure for the
discharge of wastes not previously permitted into the sewer system
which must be adhered to upon selling, closing or moving a business
or operation. Failure to notify the City prior to discharging such
waste into the facilities may subject the user to civil or criminal
penalties in accordance with this Part. The facility shutdown procedure
includes, but is not limited to, the following:
A. A written plan detailing how each chemical and solution is to be
discharged to the sewer system, with or without treatment.
B. The information required in Subsection 1A, above, must be reviewed
and approved by the City prior to any solutions or chemicals being
disposed of into the sewer system. Only those solutions approved by
the City may be discharged to the sewer system. The City must be informed
at least 48 hours in advance of when chemicals are to be discharged
to the sewer.
C. The City reserves the right to request information on the final disposition
of any material that the City prohibits to be discharged to the sewer.
[Ord. 1073, 11/8/2007, § 6.14]
1. A permitted user shall give City personnel written notice within
five working days prior to ceasing operations which will be of 90
days or greater in duration.
2. A permitted user shall give City personnel notice five working days
prior to reactivating operations. The user shall not reactivate operations
if the permit is suspended until after receiving written approval
from the City following a City inspection.
[Ord. 1073, 11/8/2007, § 6.15]
1. 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, 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 that calendar month, and an estimation of the mass of constituents in the waste stream expected to be 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 or changed conditions must be submitted under §
18-438 of this Part. 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 §§
18-434,
18-436 and
18-437 of this Part.
2. Dischargers are exempt from the requirements of Subsection
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 specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantify 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. In the case of any new regulations under § 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the City, 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 this Part, a permit issued
thereunder, or any applicable federal or state law.