(a) 
Generally.
Within either 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the publicly owned treatment works shall submit to the control authority a report which contains the information listed in subsection (b) of this section. At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard shall be required to submit to the control authority a report which contains the information listed in subsection (b) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (b)(4) and (5) of this section.
(b) 
Required information to submit.
Users described in subsection (a) of this section shall submit the following information:
(1) 
Identifying information.
The name and address of the facility, including the name of the operator and owners.
(2) 
Environmental permits.
A list of any environmental control permits held by or for the facility.
(3) 
Description of operations.
A brief description of the nature, average rate of production, and standard industrial classification of the operation carried out by the user. This description should include a schematic process diagram which indicates points of discharge to the publicly owned treatment works from the regulated processes.
(4) 
Flow measurement.
Information showing the measured daily and maximum daily flow, in gallons per day, to the publicly owned treatment works from each of the following:
a. 
Regulated process streams; and
b. 
Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). (See subsection (b)(5)d of this section.)
The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility consideration.
(5) 
Measurement of pollutants.
a. 
The categorical pretreatment standards applicable to each regulated process.
b. 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
c. 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exits. 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 wastestream formula in 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority.
d. 
Sampling must be performed in accordance with procedures set out in section 106-891.
e. 
The control authority 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 is representative of normal work cycles and expected pollutant discharges to the publicly owned treatment works.
g. 
In cases where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
(6) 
Certification.
A statement, reviewed by an authorized representative of the industrial user 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 for the industrial user to meet the pretreatment standards and requirements.
(7) 
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 treatment 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 section 106-882.
a. 
Where the industrial user’s categorical pretreatment standard has been 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) at the time the user submits the report required by subsection (b) of this section, the information required by subsections (b)(6) and (7) of this section shall pertain to the modified limits.
b. 
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 subsection (b) of this section, any necessary amendments to the information required by subsections (b)(6) and (7) of this section shall be submitted by the user to the control authority within 60 days after the modified limit is approved.
c. 
The control authority shall have the authority to set compliance schedules where and when it so deems necessary or if the user’s compliance schedule is deemed inadequate by the control authority.
(8) 
Signature and certification.
All baseline monitoring reports must be signed and certified in accordance with section 106-758.
(9) 
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 control authority or the pretreatment standard necessary to determine the compliance status of the user.
(1966 Code, sec. 32-128(a); 2001 Code, sec. 106-881; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The following conditions shall apply to the compliance schedule required by section 106-881(b)(7):
(1) 
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 industrial user to meet the applicable categorical pretreatment standards. Such events include but are not limited to hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction, pretreatment system start-up, first discharge, and beginning and conducting routine operation.
(2) 
No increment referred to in subsection (1) of this section shall exceed nine months.
(3) 
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 control authority, including, at a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established.
(4) 
In no event shall more than nine months elapse between such progress reports to the control authority.
(1966 Code, sec. 32-128(b); 2001 Code, sec. 106-882; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, for a new source, following commencement of the introduction of wastewater into the publicly owned treatment works, any industrial user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in section 106-881(b)(4)–(6) and (9). 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 user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 106-758. All sampling will be done in conformance with section 106-891.
(b) 
In cases where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
(1966 Code, sec. 32-128(c); 2001 Code, sec. 106-883; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
Any industrial user subject to a categorical standard, after the compliance date of such pretreatment standard or, for a new source, after commencement of the discharge into the publicly owned treatment works, shall submit to the control authority on or before July 30th and January 30th during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, the environmental protection agency, 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 cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the industrial user must submit documentation required by control authority or the pretreatment standard necessary to determine the compliance status of the industrial user. 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 section 106-881(b)(4) 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 such reports are to be submitted. All compliance reports must be signed and certified in accordance with section 106-758. The samplings may be done in the five months preceding the submittal months; however, they must be done within the same permit year.
(b) 
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.
(c) 
If a user subject to the reporting requirement in this division monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in section 106-891, the results of this monitoring shall be included in this report.
(d) 
The reports required in this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and ensure compliance by industrial users with applicable pretreatment standards and requirements.
(e) 
All periodic compliance reports must be signed and certified in accordance with section 106-758.
(1966 Code, sec. 32-128(d); 2001 Code, sec. 106-884; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021, sec. 1, adopted 4/20/21; Ordinance 12-2021 adopted 4/20/21)
Significant noncategorical industrial users shall submit to the control authority at least once every six months, on dates specified by the control authority, a description of the nature, concentration, and flow of the pollutants required to be reported to the control authority. In cases where compliance with a best management practice (BMP) or pollution prevention alternative is required, the user must submit documentation required by the control authority necessary to determine the compliance status of the user. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in section 106-891. All periodic compliance reports must be signed and certified in accordance with section 106-758.
(1966 Code, sec. 32-128(e); 2001 Code, sec. 106-885; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
Each user must promptly notify both the control authority and the POTW in advance of any planned significant or substantial changes to the user’s operations or system which might alter the nature, character, quality, or volume of its wastewater at least 30 days before the change.
(b) 
The control authority 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 section 106-759.
(c) 
The control authority may issue a wastewater discharge permit under section 106-759 or modify an existing wastewater discharge permit under section 106-763 in response to changed conditions or anticipated changed conditions.
(d) 
For purposes of this section, significant changes include but are not limited to flow increases of 20 percent or greater, the discharge of previously unreported pollution, or the addition of any process subject to categorical pretreatment standards.
(e) 
Significant industrial users are required to notify the control authority immediately of any changes at its facility affecting the potential for a slug discharge.
(1966 Code, sec. 32-128(f); 2001 Code, sec. 106-886; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
If any discharge, including but not limited to accidental discharges, discharges of a nonroutine episodic nature, a noncustomary batch discharge, or any slug discharge, that may cause potential problems for the publicly owned treatment works or for a reportable slug load, the user shall immediately telephone and notify the control authority 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.
(b) 
Industrial users shall notify the CA, EPA 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.
(c) 
Within five days following such discharge, the user shall, unless waived by the control authority, submit a detailed written report describing the cause 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 publicly owned treatment works, 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 division.
(d) 
Every significant industrial user shall permanently post a notice on the user’s bulletin board or other prominent place advising employees and contractors whom to call if a discharge described in subsection (a) of this section occurs. Employers shall ensure that all employees and contractors, who may cause such discharge to occur, are advised of the emergency notification.
(1966 Code, sec. 32-128(g); 2001 Code, sec. 106-887; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
All other users required to obtain a wastewater discharge permit shall provide such information and reports to the control authority as required by the wastewater discharge permit.
(b) 
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the control authority as the control authority may require.
(1966 Code, sec. 32-128(h); 2001 Code, sec. 106-888; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
If sampling performed by an industrial user indicates a violation, the user shall notify the control authority 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 control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if the control authority performs sampling at the industrial user:
(1) 
At a frequency of at least once a month; or
(2) 
Between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(1966 Code, sec. 32-128(i); 2001 Code, sec. 106-889; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
Under this division, all users are prohibited from discharging hazardous waste.
(b) 
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.
(1966 Code, sec. 32-128(j); 2001 Code, sec. 106-890; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
All pollutant sampling and analyses 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 136 and amendments thereto, unless otherwise stated in an applicable categorical pretreatment standard. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question or where the administrator determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other parties, approved by the administrator.
(b) 
A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The control authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(1) 
Any report required by the control authority must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The frequency of monitoring shall be of that frequency necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for temperature, pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 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. Where 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 a 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 or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate.
(2) 
All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the Act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the administrator. (See, §§136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator.
(3) 
All analyses shall be performed in accordance with procedures established by the Administrator pursuant to section 304(h) of the Act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the administrator. (See, §§136.4 and 136.5.) Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the administrator.
(4) 
If any categorical industrial user, any non-categorical significant industrial user, or any other industrial user subject to reporting requirements monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(5) 
Non-detectable sampling results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(c) 
Submissions of all pollutant analyses shall contain the following:
(1) 
A copy of the laboratory report should be attached. The report should include the following information:
a. 
The name, address, and telephone number of the laboratory performing the analysis.
b. 
The units in which each parameter is reported.
c. 
The method of analysis used (e.g., Environmental Protection Agency 335.1, 3500-Zn-A, etc.). The method must be a technique for wastewater analysis as prescribed in 40 CFR 136.
d. 
The detection limit for each parameter measurement.
e. 
The name, initials, or other such unambiguous identification of the analyzing technician.
f. 
The date each analysis was performed.
g. 
The signature of the laboratory director, or equivalent position.
h. 
Quality control data (e.g., spikes, etc.).
i. 
The results of the analyses.
(2) 
A copy of the chain of custody records should be attached. Each record shall have the following:
a. 
The name and address of the user being sampled.
b. 
The sample container identification number or other such unique, unambiguous identification.
c. 
For a grab sample, the date and time the sample was taken.
d. 
For a composite sampling, the date and time the composite sampler was set up and the date and time the composite sampler was retrieved.
e. 
The exact sampling point of the sample.
f. 
The method of taking the sample (i.e., grab sample, automatic or manual flow-proportioned composite sample, automatic or manual time-proportioned composite sample, etc.).
g. 
The name, title, and signature of the person taking the sample.
h. 
The method of preservation of the sample and the date and time it was preserved, or if no preservation was necessary.
i. 
The date and time dispatched for analysis, the name of the dispatcher, and the method of shipment, if the sample was so dispatched.
j. 
The name of the individual, company, and/or address to which the sample is dispatched.
k. 
The signature of the receiver of the sample, the date and time of its receipt, who it was received from, and its disposition.
(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 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.
(1966 Code, sec. 32-128(k); 2001 Code, sec. 106-891; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
Written reports submitted under this division 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 shall govern.
(1966 Code, sec. 32-128(l); 2001 Code, sec. 106-892; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
Any CA and any users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. 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 (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority. This requirement shall also apply to the control authority.
(1966 Code, sec. 32-128(m); 2001 Code, sec. 106-893; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
All reports and other information requested by the approval authority from the city shall be signed by the person and in the manner required by 30 TAC 305.128 (relating to signatories to reports).
(Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)