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 industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in the paragraph below. At least 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 Superintendent a report which contains the information listed in the paragraph below. A new source shall also report the method of pretreatment it intends to use to meet applicable categorical standards and shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Baseline monitoring reports shall contain the following:
A. 
All information requested in the sewer entry permit/industrial wastewater discharge permit application.
B. 
The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this article.
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 POTW;
D. 
Sampling and analysis shall be performed in accordance with 40 CFR Part 136.
E. 
The Superintendent 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 are representative of normal work cycles and expected pollutant discharges to the POTW.
G. 
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.
H. 
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.
I. 
Signature and report certification. All baseline monitoring reports must be certified in accordance with § 240-36 of this article and signed by an authorized representative.
If additional pretreatment and/or operation and maintenance procedures will be required to meet the pretreatment standards, the schedule shall contain increments of progress 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 applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.). The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule will be subject to the approval of the Superintendent. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the POTW, including 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 measures being taken by the industrial user to return the construction to the schedule established. The user shall follow the procedures outlined in 40 CFR 403.12(b) and (c).
Within 90 days following the date for final compliance with applicable 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 pretreatment standards and requirements shall submit to the POTW Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the industrial user's facility which are limited by such pretreatment standards or requirements. The report shall contain all information required under 40 CFR 403.12(d). The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. The final compliance date report must include the certification statement outlined at 40 CFR 403.6(a)(2)(ii) and be signed by an authorized representative of the user as required by 40 CFR 403.12(l) as well as contain a certification by a qualified professional as required by 40 CFR 403.12(b)(6).
All significant industrial users must submit to the Superintendent twice annually, unless required more frequently in the permit or by the Superintendent, a self-monitoring report (in accordance with the format and instructions issued by the Superintendent) indicating the nature and concentration of pollutants in the effluent which are required to be reported by the POTW, including the measured or estimated average and maximum daily flows for the reporting period. 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. Dates on which self-monitoring reports are to be submitted to the Superintendent will be noted on the user's industrial wastewater discharge permit. 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 Superintendent or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance monitoring reports, for categorical as well as noncategorical industrial users, shall contain the certification statement outlined at 40 CFR 403.6(a)(2)(ii) and be signed by an authorized representative of the user as required by 40 CFR 403.12(l).
A facility determined to be a nonsignificant categorical industrial user by the Superintendent pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement signed in accordance with the signatory requirements in 40 CFR 403.12(l). This certification must accompany an alternative report required by the Superintendent:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from _____, _____ to _____, _____ [months, days, year]:
i.
The facility described as ____________________ [facility name] met the definition of a Non-Significant Categorical industrial user as described in Subsection B of the definition of "significant industrial user" in § 240-4 of the Sewer Regulations; [Note: See 40 CFR 403.3(v)(2).]
ii.
The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
iii.
The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information:
When an industrial user proposes to modify an existing discharge occurring in compliance with an industrial wastewater discharge permit such that the volume and/or concentration of the discharge will be increased or the constituents modified, the industrial user shall request a permit modification and shall furnish all necessary supporting information to the Superintendent. This requirement for notification specifically includes notification for changes in discharges of hazardous wastes pursuant to 40 CFR 403.12(p).
If sampling performed by an industrial user indicates a violation, the user shall notify the Superintendent 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 Town within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
A. 
The Town performs sampling at the industrial user at a frequency of at least once per month; or
B. 
The Town performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
A. 
The industrial user 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 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. If the amount of hazardous wastes discharged exceeds 100 kilograms per calendar month, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:
(1) 
An identification of the hazardous constituents contained in the wastes;
(2) 
An estimation of the mass and concentration of these constituents in the waste stream discharged during that calendar month; and
(3) 
An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
B. 
All notifications must take place within 180 days of the effective date of these Rules or, for new discharges, within 180 days after the proposed discharge of hazardous waste commences.
C. 
If a new substance is classified as hazardous under Section 3001 of the Resource Conservation and Recovery Act (RCRA), the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge or potential for discharge of such substance within 90 days of the effective date of that regulation.
D. 
Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted per § 240-33 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards as part of self-monitoring requirements.
E. 
Dischargers are exempt from the requirements of the subsections 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 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.
F. 
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 Superintendent, 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.
G. 
The industrial user shall include a certification that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has been determined to be economically practical. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by these Rules, a permit issued thereunder, or any applicable federal or state law.
The following certification statement is required to be signed and submitted by users submitting industrial wastewater discharge permit applications and all industrial user reports. The following certification statement must be signed by an authorized representative as defined in Article I, § 240-4:
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.
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 the permittee using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by EPA.
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.
Industrial users shall maintain and make available for inspection and copying by the Superintendent all records of monitoring activities, including compliance with BMP requirements, for a minimum of three years in accordance with the requirements of 40 CFR 403.12(o). 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. This period shall be extended during the course of unresolved litigation or when requested by the POTW or agency having jurisdiction over discharges to the receiving waters.
The Town shall annually publish in the largest local daily newspaper a list of industrial users which were in significant noncompliance with applicable pretreatment requirements or standards at least once during the 12 previous months.
Confidentiality of business information and public information requests will be treated in accordance with the procedures in 40 CFR Part 2 and any amendments thereto.
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public without restriction unless the user specifically requests at the time of the submission and is able to demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater effluent constituents and characteristics will not be recognized as confidential information and shall be available to the public without restriction. All information, including confidential information, shall be made available to the EPA and other governmental agencies having jurisdiction.
B. 
If no claim is made at the time of submission, the Town or EPA may make the information available to the public or governmental agency without further notice. If a confidentiality claim is asserted, the information will be treated in accordance with the procedure in 40 CFR Part 2, Public Information.