(a) 
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 within 30 days after becoming aware of the violation.
(b) 
If an industrial user subject to the reporting requirements of section 22.10.094 or 22.10.095 monitors any pollutant more frequently than required by the control authority, using the procedures as prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report.
(c) 
Any industrial user subject to the reporting requirements established in this article or the permit shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this article or the permit) and shall make [such records] available for inspection and copying by the EPA, the state commission on environmental quality or the POTW. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or the POTW or when requested by the state or the federal government. For all samples, such records shall include but not be limited to:
(1) 
The date, exact place, method, and time of sampling and the name of the person or persons taking the samples;
(2) 
The date analyses were performed;
(3) 
Who performed the analyses;
(4) 
The analytical techniques/methods used; and
(5) 
The results of such analyses.
(1993 Code, sec. 52.055; 2006 Code, sec. 82-291; Ordinance 336, sec. 17, adopted 6/1/92)
Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission 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 a POTW shall be required to submit to the control authority a report which contains the information listed in subsections (1) through (7) of this section. Where reports containing this information have already been submitted to the director or the regional administrator in compliance with the requirement of 40 CFR 128.140(b) (1977), the industrial user will not be required to submit this information again. 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 standard, shall be required to submit to the control authority a report which contains the information listed in subsections (1) through (5) of this section. New sources shall also be required to include 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 (4) and (5) of this section.
(1) 
Identifying information.
The user shall submit the name and address of the facility, including the name of the operators and owners;
(2) 
Permits.
The user shall submit a list of any environmental control permits held by or for the facility;
(3) 
Description of operations.
The user shall submit a brief description of the nature, average rate of production, and the Standard Industrial Classification 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;
(4) 
Flow measurement.
The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW 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).
The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;
(5) 
Measurement of pollutants.
(A) 
The user shall identify the pretreatment standards applicable to each regulated process;
(B) 
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations;
(C) 
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;
(D) 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section;
(E) 
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 of 40 CFR 403.6(e) in order 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;
(F) 
Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. 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 suggested by the POTW or other parties approved by the administrator;
(G) 
The control authority may allow the submission of a baseline monitoring report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
(H) 
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;
(6) 
Certification.
A statement, reviewed by an authorized representative of the industrial user (as defined in section 22.10.097), and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and
(7) 
Compliance schedule.
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(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 this section, the information required by subsections (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 this section, any necessary amendments to the information requested by subsections (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.
(1993 Code, sec. 52.056; 2006 Code, sec. 82-292; Ordinance 336, sec. 8, adopted 6/1/92)
The following conditions shall apply to the schedule required by section 22.10.092(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 (e.g., hiring an engineer, completing plans, executing contracts for major components, commencing construction, completing construction, and the like).
(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 it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.
(1993 Code, sec. 52.057; 2006 Code, sec. 82-293; Ordinance 336, sec. 9, adopted 6/1/92)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in section 22.10.092(4) through (6). For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other 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.
(1993 Code, sec. 52.058; 2006 Code, sec. 82-294; Ordinance 336, sec. 10, adopted 6/1/92)
(a) 
Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority 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 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 22.10.092(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, and the like, the control authority may agree to alter the months during which the above reports are submitted.
(b) 
Where the control authority has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(d), the report required by subsection (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(c) 
For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c), the report required by subsection (a) of this section shall contain a reasonable measure of the user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (a) of this section shall include the user’s actual average production rate for the reporting period.
(1993 Code, sec. 52.059; 2006 Code, sec. 82-295; Ordinance 336, sec. 11, adopted 6/1/92)
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 by the control authority. 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 40 CFR 136 and amendments thereto. 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 POTW or other persons approved by the administrator. This sampling and analysis may be performed by the control authority in lieu of the significant noncategorical industrial user. Where the control authority collects all the information required for the report, the noncategorical significant industrial users will not be required to submit the report.
(1993 Code, sec. 52.060; 2006 Code, sec. 82-296; Ordinance 336, sec. 12, adopted 6/1/92)
The reports required under sections 22.10.092 and 22.10.094 through 22.10.096 shall include the certification below:
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 ensure 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 information, the information submitted is, to the best of my knowledge, 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. and shall be signed as follows:
(1) 
By a responsible corporate officer, if the industrial user submitting the reports is a corporation.
(2) 
By a general partner or proprietor if the industrial user submitting the report is a partnership or sole proprietorship, respectively.
(3) 
The principal executive officer or environmental officer having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a federal, state, or local governmental entity, or their agents.
(4) 
By a duly authorized representative of the individual designated in subsection (1), (2) or (3) of this section if:
(A) 
The authorization is made in writing by the individual described in subsection (1), (2) or (3) of this section;
(B) 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or wellfield superintendent, or a position of equivalent responsibility for environmental matters for the company; and
(C) 
The written authorization is submitted to the city.
(5) 
If an authorization under subsection (4) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (4) of this section must be submitted to the city prior to or together with any reports to be signed by an authorized representative.
(1993 Code, sec. 52.061; 2006 Code, sec. 82-297; Ordinance 336, sec. 15, adopted 6/1/92)
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $2,000.00 for each conviction.
(1993 Code, sec. 52.062; 2006 Code, sec. 82-298; Ordinance 336, sec. 27, adopted 6/1/92)
(a) 
Industrial users shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 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 12 months. Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 408.12(b), (d) and (e).
(b) 
Dischargers are exempt from the requirements of section 22.10.036 during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes as specified in 40 CFR 261.30(d) and 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 information.
(c) 
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 industrial user must notify the POTW, the EPA regional waste management division director and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(d) 
In the case of any notification made under section 22.10.036, the industrial 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.
(1993 Code, sec. 52.063; 2006 Code, sec. 82-299; Ordinance 336, sec. 32, adopted 6/1/92)
(a) 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(b) 
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, the state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data, as defined in 40 CFR 2.302, will not be considered confidential.
(1993 Code, sec. 52.064; 2006 Code, sec. 82-300; Ordinance 336, sec. 33, adopted 6/1/92)