[Ord. No. 190408E, 4-22-2019]
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 710.080.
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 710.291. 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.
D.
There
shall be assessed a fee of ten dollars ($10.00) per year per industrial/non-residential
user to be submitted along with the survey for administrative costs.
[Ord. No. 201214F, 12-14-2020]
[Ord. No. 190408E, 4-22-2019]
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 the POTW, shall be required to submit to the Director a report which contains the information listed in Subsection (A)(2) of this Section. 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 Subsection (A)(2) of this Section. 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 operation 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 the procedures set out in Section 710.310.
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.
(1)
Deadline For Compliance With Applicable Pretreatment
Requirements. Compliance by existing sources covered by Categorical
Pretreatment Standards shall be within three (3) years of the date
the Standard is effective unless a shorter compliance time is specified
in the appropriate Standard. The City shall establish a final compliance
deadline date for any existing user not covered by Categorical Pretreatment
Standards or for any categorical user when the local limits for said
user are more restrictive than the Federal Categorical Pretreatment
Standards.
(2)
New source and new users are required to comply
with applicable pretreatment standards within the shortest feasible
time, not to exceed ninety (90) days from the beginning of discharge.
New Sources and new users shall install, have in operating condition,
and shall start up all pollution control equipment required to meet
applicable pretreatment standards before beginning to discharge.
(3)
Any wastewater discharge permit issued to a categorical
user shall not contain a compliance date beyond any deadline date
established in EPA's Categorical Pretreatment Standards. Any other
existing user or categorical user which is in non-compliance with
any local limits (including those which may be more stringent), shall
be provided with a compliance schedule placed in an industrial wastewater
permit to insure compliance within the shortest time feasible.
(4)
Where the user's categorical Pretreatment Standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR 403.13) after the user submits the report required by Subsections (A)(2)(f) and (A)(2)(g) of this Section, then a report containing modified information shall be submitted by the user within sixty (60) days after the new limit is approved.
If the categorical Pretreatment Standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR 403.13) after the user submits the report required by Subsections (A)(2)(f) and (A)(2)(g) of this Section, then a report containing modified information shall be submitted by the user within sixty (60) days after the new limit is approved.
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);
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 who are subject to equivalent mass or concentration limits established by the City in accordance with the procedures established 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 who are 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 710.335.
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 a 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 710.335.
2.
If an industrial user subject to the reporting requirement in this Section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Section 710.310, the results of this monitoring shall be included in the report. Discharges sampled shall be representative of the user's daily operations and samples shall be taken in accordance with the requirements specified in Section 710.310.
3.
The City may require reporting by users that are not required
to have an industrial wastewater permit if information or data is
needed to establish a sewer charge, determine the treatability of
the effluent, or determine any other factor which is related to the
operation and maintenance of the sewer system.
4.
The City may require self-monitoring by the user or, if requested
by the user, may agree to perform the periodic compliance monitoring
needed to prepare the periodic compliance report required under this
Section. If the City agrees to perform such periodic compliance monitoring,
it may charge the user for such monitoring, based upon the costs incurred
by the City for the sampling and analyses. Any such charges shall
be added to the normal sewer charge and shall be payable as part of
the sewer bills. The City is under no obligation to perform periodic
compliance monitoring for a user.
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 wastewater contribution permit application under Section 710.320.
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; Accidental Spills, Slug Loads.
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 710.230, 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 the 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 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 40 CFR 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 substances 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. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the City as the Director may require.
[Ord. No. 190408E, 4-22-2019]
A.
Each user shall provide and operate at its own expense a monitoring
facility to allow inspection, sampling, and flow measurements of each
sewer discharge to the City. Each monitoring facility shall be situated
on the user's premises, except, where such a location would be impractical
or cause undue hardship on the user, the City may concur with the
facility being constructed in the public street or sidewalk area,
providing that the facility is located so that it will not be obstructed
by landscaping or parked vehicles. The Director, whenever applicable,
may require the construction and maintenance of sampling facilities
at other locations (for example, at the end of a manufacturing line
or a wastewater treatment system).
There shall be ample room in or near such sampling facility
to allow accurate sampling and preparation of samples for analysis.
The facility, including the sampling and measuring equipment, shall
be maintained at all times in a safe and proper operating condition
at the expense of the user.
The Director may require the user to install monitoring equipment
as necessary. All monitoring facilities shall be constructed and maintained
in accordance with all applicable local construction standards and
specifications. All devices used to measure wastewater flow and quality
shall be calibrated to ensure their accuracy.
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. 190408E, 4-22-2019]
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 the 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, for all other pollutants, twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Control Authority, the samples must be representative of the Discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during the 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. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the Control Authority, as appropriate.
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.
F.
For sampling required in support of baseline monitoring and ninety
(90) day compliance reports, 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 which historical sampling data are
available, the Control Authority may authorize a lower minimum. For
the reports required by 40 CFR 403.12(e) and (h), the Control Authority
shall require the number of grab samples necessary to assess and assure
compliance by Industrial Users with Applicable Pretreatment Standards
and Requirements.
G.
Samples shall be taken immediately downstream from pretreatment facilities
if such exist, immediately downstream from the regulated or manufacturing
process if no pretreatment exists, or at a location determined by
the City and specified in the user's wastewater discharge permit.
For categorical users, if other wastewaters are mixed with the regulated
wastewater prior to pretreatment, the user shall measure the flows
and concentrations necessary to allow use of the combined wastestream
formula of 40 CFR 403.6(e) in order to evaluate compliance with the
Applicable Categorical Pretreatment Standards. For other SIUs, for
which the City has adjusted its local limits to factor out dilution
flows, the user shall measure the flows and concentrations necessary
to evaluate compliance with the adjusted pretreatment standard(s).
H.
All sample results shall indicate the time, date and place of sampling,
and methods of analysis and shall certify that the wastestream sampled
is representative of normal work cycles and expected pollutant discharges
from the user. If a user sampled and analyzed more frequently than
what was required in its wastewater discharge permit, using methodologies
in 40 CFR Part 136, it must submit all results of sampling and analysis
of the discharge as part of its self-monitoring report.
