Except as otherwise provided herein, the superintendent shall
administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the superintendent may
be delegated by the superintendent to a duly authorized representative.
The following abbreviations, when used in this article, shall
have the designated meanings:
BOD
|
Biochemical oxygen demand
|
BMP
|
Best management practice
|
BMR
|
Baseline monitoring report
|
CFR
|
Code of Federal Regulations
|
CIU
|
Categorical industrial user
|
COD
|
Chemical oxygen demand
|
EPA
|
U.S. Environmental Protection Agency
|
gpd
|
Gallons per day
|
IU
|
Industrial user
|
mg/l
|
Milligrams per liter
|
NPDES
|
National Pollutant Discharge Elimination System
|
POTW
|
Publicly owned treatment works
|
RCRA
|
Resource Conservation and Recovery Act
|
SIU
|
Significant industrial user
|
SNC
|
Significant noncompliance
|
TSS
|
Total suspended solids
|
USC
|
United States Code
|
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated.
Act or the act.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC section 1251 et seq.
Approval authority.
The director of the Texas Commission on Environmental Quality,
or his/her authorized representative.
Authorized or duly authorized representative of the user.
(1)
If the user is a corporation:
(A)
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
(B)
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2)
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(3)
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
(4)
The individuals described in subsections
(1) through
(3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
Best management practices or BMPs.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section
20.09.006(a) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this part and section 307(d) of the act.
Biochemical oxygen demand or BOD.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade, usually expressed as a concentration
(e.g., mg/l).
Categorical pretreatment standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections 307(b) and (c) of the act (33 USC
section 1317) that apply to a specific category of users and that
appear in 40 CFR chapter I, subchapter N, parts 405–471.
City.
The City of Greenville; the city council of the City of Greenville;
or any duly authorized representative acting in its behalf.
Daily maximum.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
Daily maximum limit.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
Environmental Protection Agency or EPA.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division director, the regional administrator,
or other duly authorized official of said agency.
Grab sample.
A sample that is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
Instantaneous limit.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Interference.
A discharge that, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the city’s
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: section 405 of the act; the Solid Waste Disposal Act,
including title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
Local limit.
Specific discharge limits developed and enforced by the city
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and
(b).
Medical waste.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Monthly average.
The sum of all daily discharges measured during a calendar
month divided by the number of daily discharges measured during that
month.
Monthly average limit.
The highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during that month.
New source.
(1)
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the act that will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
(A)
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
(B)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(C)
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
(2)
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection
(1)(B) or
(C) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
Construction of a new source as defined under this section has
commenced if the owner or operator has:
(A)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(i)
Any placement, assembly, or installation of facilities or equipment;
or
(ii)
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(B)
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Noncontact cooling water.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Pass through.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the city’s NPDES permit, including
an increase in the magnitude or duration of a violation.
Person.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
pH.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Pollutant.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Pretreatment requirements.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Publicly owned treatment works or POTW.
A treatment works, as defined by section 212 of the act (33
USC section 1292), which is owned by the city. This definition includes
any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment
plant.
Septic tank waste.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Sewage.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Significant industrial user (SIU).
(1)
An industrial user subject to categorical pretreatment standards;
or
(2)
An industrial user that:
(A)
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
(B)
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
(C)
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation
or for violating any pretreatment standard or requirement.
Slug load or slug discharge.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section
20.09.006(a) of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
Stormwater.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Superintendent.
The person designated by the city to supervise the operation
of the POTW, and who is charged with certain duties and responsibilities
by this article. The term also means a duly authorized representative
of the superintendent.
Wastewater.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
(a) Baseline monitoring reports.
(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 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 subsection
(2), below. At least ninety (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 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.
(B)
Measurement of pollutants.
(i)
The user shall provide the information required in section 20.09.008(e)(1)(G)(i)–(iv);
(ii)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection;
(iii)
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 wastestream 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 control authority;
(iv)
Sampling and analysis shall be performed in accordance with subsection
(j) of this section;
(v)
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;
(vi)
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 POTW.
(C)
Compliance certification.
A statement, reviewed by the user’s authorized representative as defined in section
20.09.004 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.
(D)
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. A compliance schedule pursuant to this section must meet the requirements set out in subsection
(b) of this section.
(E)
Signature and report certification.
All baseline monitoring reports must be certified in accordance with subsection
(n) of this section and signed by an authorized representative as defined in section
20.09.004.
(b) Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by subsection
(a)(2)(D) of this section:
(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, and beginning and conducting routine
operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The user shall submit a progress report to the superintendent 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 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 superintendent.
(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 user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in section 20.09.008(e)(1)(F)–(G) and subsection
(a)(2)(B) of this section. 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 subsection
(n) of this section. All sampling will be done in conformance with subsection
(k) of this section.
(d) Periodic compliance reports.
(1) Except as specified in subsection
(3) below [sic], all significant industrial users must, at a frequency determined by the superintendent, submit no less than twice per year (June and December or on dates specified] reports indicating the nature, 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. 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
(2) The city may authorize an industrial user subject to a categorical
pretreatment standard to forego sampling of a pollutant regulated
by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the
pollutant is neither present nor expected to be present in the discharge,
or is present only at background levels from intake water and without
any increase in the pollutant due to activities of the industrial
user [see 40 CFR 403.12(e)(2)]. This authorization is subject to the
following conditions:
(A) The waiver may be authorized where a pollutant is determined to be
present solely due to sanitary wastewater discharged from the facility
provided that the sanitary wastewater is not regulated by an applicable
categorical standard and otherwise includes no process wastewater.
(B) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See section
20.09.008(e)(1)(H).
(C) In making a demonstration that a pollutant is not present, the industrial
user must provide data from at least one sampling of the facility’s
process wastewater prior to any treatment present at the facility
that is representative of all wastewater from all processes.
(D) The request for a monitoring waiver must be signed in accordance with section
20.09.004, and include the certification statement in subsection
(n) below (40 CFR 403.6(a)(2)(ii)).
(E) Nondetectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(F) Any grant of the monitoring waiver by the superintendent must be
included as a condition in the user’s permit. The reasons supporting
the waiver and any information submitted by the user in its request
for the waiver must be maintained by the superintendent for 3 years
after expiration of the waiver.
(G) Upon approval of the monitoring waiver and revision of the user’s permit by the superintendent, the industrial user must certify on each report with the statement in subsection
(n) below [sic], that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(H) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of subsection
(1) above, or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent.
(I) This provision does not supersede certification processes and requirements
established in categorical pretreatment standards, except as otherwise
specified in the categorical pretreatment standard.
(4) All periodic compliance reports must be signed and certified in accordance with subsection
(n) of this section.
(5) 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.
(6) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the superintendent, using the procedures prescribed in subsection
(k) of this section, the results of this monitoring shall be included in the report.
(e) Reports of changed conditions.
Each user must notify
the superintendent of any significant changes to the user’s
operations or system which might alter the nature, quality, or volume
of its wastewater at least 60 days before the change.
(1) The superintendent 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
20.09.008(e) of this article.
(2) The superintendent may issue an individual wastewater discharge permit under section
20.09.009 of this article or modify an existing wastewater discharge permit under section
20.09.009(c) of this article in response to changed conditions or anticipated changed conditions.
(f) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, a slug discharge or slug load, that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the superintendent 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 (5) days following such discharge, the user shall, unless
waived by the superintendent, 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 might 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 article.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection
(1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
(4) Significant industrial users are required to notify the superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge.
(g) Reports from unpermitted users.
All users not required
to obtain an individual wastewater discharge permit shall provide
appropriate reports to the superintendent as the superintendent may
require.
(h) Notice of violation/reporting and repeat sampling.
(1) If sampling performed by a user indicates a violation, the user must
notify the superintendent within twenty-four (24) hours of becoming
aware of the violation. A written submission of such information shall
also be provided by the user to the superintendent within five (5)
working days of becoming aware of the noncompliance. The written submission
shall contain a description of the noncompliance and its cause; the
period of noncompliance, including exact dates and times; if the noncompliance
has not been corrected, the time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent the recurrence
of the noncompliance, and to mitigate its adverse effects. Submission
of such a plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit the authority of the superintendent to
take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(2) The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the superintendent within thirty
(30) days after becoming aware of the violation. Resampling by the
industrial user is not required if the city performs sampling at the
user’s facility at least once a month, or if the city performs
sampling at the user between the time when the initial sampling was
conducted and the time when the user or the city receives the results
of this sampling, or if the city has performed the sampling and analysis
in lieu of the industrial user.
(i) Notification of the discharge of hazardous waste.
(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, or other). If the user discharges more than one hundred (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 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 and eighty (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 subsection
(e) of this section. 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 subsections
(a),
(c) and
(d) of this section.
(2) Dischargers are exempt from the requirements of subsection
(1), above, 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 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.
(3) 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
ninety (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 article, a permit
issued thereunder, or any applicable federal or state law.
(j) Analytical requirements.
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 using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the superintendent
or other parties approved by EPA.
(k) Sample collection.
Samples collected to satisfy reporting
requirements must be based on data obtained through appropriate sampling
and analysis performed during the period covered by the report, based
on data that is representative of conditions occurring during the
reporting period.
(1) Except as indicated in subsections
(2) and
(3) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the superintendent. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. 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 and 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 city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) Samples for total residual chlorine, oil and grease, temperature,
pH, cyanide, total phenols, sulfides, and volatile organic compounds
must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections
(a) and
(c) of this section [40 CFR 403.12(b) and (d)], 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 for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by subsection
(d) of this section (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(l) Date of receipt of reports.
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.
(m) Recordkeeping.
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 established under section
20.09.006(d)(3). 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 city, or where the user has been specifically notified of a longer retention period by the superintendent.
(n) Certification statements.
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with section
20.09.008(g); users submitting baseline monitoring reports under subsection
(a)(2)(E) of this section [note: see 40 CFR 403.12(l)]; users submitting reports on compliance with the categorical pretreatment standard deadlines under subsection
(c) of this section [note: See 40 CFR 403.12(d)]; users submitting periodic compliance reports required by subsection (d)(1)–(4) of this section [note: see 40 CFR 403.12(e) and (h)]; and users submitting an initial request to forego sampling of a pollutant on the basis of subsection
(d)(2)(D) [note: see 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an authorized representative as defined in section
20.09.004:
“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.”
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from the superintendent’s
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the superintendent, that
the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined at 40 CFR 2.302 shall not be recognized
as confidential information and shall be available to the public without
restriction.
The superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsections
(3),
(4) or
(8) of this section) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in section
20.09.006;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by section
20.09.006 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by section
20.09.006 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the superintendent’s
exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of best management
practices, which the superintendent determines will adversely affect
the operation or implementation of the local pretreatment program.
(a) Pretreatment charges and fees.
The city may adopt reasonable
fees for reimbursement of costs of setting up and operating the city’s
pretreatment program, which may include:
(1) Fees for wastewater discharge permit applications including the cost
of processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a user’s discharge, and
reviewing monitoring reports and certification statements submitted
by users;
(3) Fees for reviewing and responding to accidental discharge procedures
and construction;
(5) Fees to recover administrative and legal costs (not included in subsection
(2) above) associated with the enforcement activity taken by the superintendent to address IU noncompliance; and
(6) Other charges or fees as the city may deem necessary to carry out
the requirements contained herein. These fees relate solely to the
matters covered by this article and are separate from all other fees,
fines, and penalties chargeable by the city.
(Ordinance 10-077 adopted 8/24/10)