(a)
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later, existing users or categorical users currently discharging to or scheduled to discharge to the POTW(s) shall submit to the director a report which contains the information listed in subsection (b) of this section. At least ninety (90) days prior to commencement of their discharge, or for a shorter time period if authorized by the director, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection (b) of this section. 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.
(b)
Users
described above shall, at a minimum, submit the information set forth
below:
(1)
Identification information.
The name and address of
the facility, including the name of the operator and owner. Description
of the type of entity such as partnership, corporation, or sole proprietorship.
If a corporation, provide names, addresses, and titles of persons
who are authorized representatives.
(2)
Environmental permits.
A list of current or expired
federal, state, or local environmental permits held by or for the
user for this or a similar facility operated by the user.
(3)
Description of operations.
A brief description of the
nature, average rate of production, and standard industrial classification(s)
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW(s) from the regulated processes as well as historical
compliance with permits issued by federal, state, or local governmental
agencies.
(4)
Flow measurement.
Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW(s) from
the regulated process streams and other streams as necessary, to allow
use of the combined wastewater formula set out in 40 CFR 403.6(e).
At the director’s discretion, verifiable estimates of flows
may be permitted where justified by cost or feasibility considerations.
(5)
Measurement of pollutants.
(A)
The categorical pretreatment standards applicable to each regulated
process.
(B)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations, if available, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 13-2-303 of this division.
(C)
In cases where the standard requires compliance with a best management
practice or pollution prevention alternative, the user shall submit
documentation as required by the director or the applicable standard
to determine compliance with the standard.
(D)
Measurement of pollutants:
(i)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
section.
(ii)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the categorical
process if no pretreatment exists. If other wastewaters are mixed
with the categorical wastewater prior to pretreatment, the user must
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;
(iv)
The director 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;
(v)
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(s).
(6)
In cases where the pretreatment standard requires compliance with
a best management practice or pollution prevention alternative, the
user must submit documentation required by the director or the pretreatment
standard necessary to determine the compliance status of the user.
(7)
Compliance certification.
A statement, reviewed by the
user’s authorized representative and certified by a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
to meet the pretreatment standards and requirements.
(8)
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 submitted by the user and approved by the director. 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 13-2-262 of this division.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The following conditions shall apply to the compliance schedule required by section 13-2-261(b)(8) of this division:
(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 facilities 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 director no later than
fourteen (14) days following each date in the schedule and the final
date of compliance including, as a minimum, whether or not it complied
with the increment of progress, and if not, the reason for any delay,
the date it expects to comply with the increment of progress 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 each progress
report to the director.
(5)
In
cases where the pretreatment standard requires compliance with a best
management practice or pollution prevention alternative, the user
must submit documentation required by the director or the pretreatment
standard necessary to determine the compliance status of the user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
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(s), any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in section 13-2-261(b)(1)–(9) of this division. For users subject to equivalent mass or concentration limits established 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 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 by an authorized representative and certified in accordance with section 13-2-193 of this division.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a)
All significant industrial users, including noncategorical significant industrial user shall, at a frequency determined by the director but in no case less than once per six (6) months submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards, the measured or estimated average and maximum daily flows for the reporting period, and other information designated by the permit. These reports are to be submitted in the months designated by the director. All periodic compliance reports must be signed by an authorized representative and certified in accordance with section 13-2-193 of this division.
(c)
In
cases where the pretreatment standard requires compliance with a best
management practice or pollution prevention alternative, the user
must submit documentation required by the director or the pretreatment
standard necessary to determine the compliance status of the user.
(d)
Noncategorical
SIUs are required to report data obtained through appropriate sampling
and analysis performed during the period covered by the report and
the data must be representative of conditions during the reporting
period. If a BMP or pollution prevention measure has been required
by the director, the user must provide documentation of compliance
with the BMP or pollution prevention measure.
(e)
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 conditions at
all times. Failure of a user to keep its monitoring facilities in
good working condition shall not be grounds for the user to claim
the sample results are not representative of its discharge.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a)
In
the case of any discharge, including, but not limited to, accidental
or slug discharges, discharges of a non-routine, episodic nature,
a non-customary batch discharge that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
director of the incident. In no case can this notification be more
than twenty-four (24) hours from the occurrence of the discharge.
This notification shall include the location of the discharge, type
of waste, concentration and volume, if known and corrective actions
that have been taken or will be taken by the user.
(b)
Within
five (5) days following such discharge, the user shall, unless waived
by the director, 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 may be
incurred as a result of damage to the POTW(s), 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.
(c)
Significant
industrial users are required to notify the director immediately of
any changes at its facilities affecting the potential for slug discharges.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
All users not issued a wastewater discharge permit shall provide
appropriate reports to the director if the director determines that
such reports are necessary to evaluate the effect of their operations
and discharges on the objectives of this division.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
If sampling performed by a significant industrial user or the
city indicates a violation:
(1)
The
significant industrial user shall notify the director of the violation
within twenty-four (24) hours of becoming aware of the violation.
(2)
The
significant industrial user shall repeat the sampling and analysis
and submit the results of the repeat analysis to the director within
thirty (30) days of becoming aware of the violation.
(3)
The
significant industrial user is not required to resample if the director
or the user monitors at the significant industrial user’s facility
at least once a month, or if the director samples between the significant
industrial user’s initial sampling and when the significant
industrial user receives the results of this sampling or if the director
has performed the sampling and analysis in lieu of the significant
industrial user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a)
All
users shall notify the director at least 30 days in advance when any
substantial change in the volume or character of pollutants in their
discharge, including the listed or characteristic hazardous wastes
for which the user has submitted initial notification under 40 CFR
403.12, is proposed.
(1)
The director may require the user to submit information necessary
to evaluate the changed conditions, including submission of a wastewater
discharge application as required by the director.
(2)
The director may issue a wastewater discharge permit as defined by
this division in response to changed or anticipated changed conditions.
(b)
All
users shall notify the city of any changes to their facilities affecting
the potential of a slug discharge.
(c)
Notification of discharge of hazardous wastes.
(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 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 sections 13-2-261, 13-2-262, 13-2-263, and 13-2-264 of this division.
(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 director,
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,
including hazardous wastes, not otherwise permitted to be discharged
by this division, a permit issued hereunder, or any applicable federal
or state law.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
Written reports will be deemed to have been submitted on the
date postmarked. For reports not mailed, the date of receipt of the
report shall govern.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a)
Users subject to this division shall retain, preserve, and make available for inspection and copying of all records, books, documents, memoranda, reports, correspondence relating to the monitoring, sampling, analysis and permit requirements made by or in behalf of a user in conjunction with its discharge required by this division and documentation associated with best management practices in section 13-2-134(a)(4). Records related to reporting activities must include the following information:
(b)
These
records related to the monitoring activities required by 40 CFR part
403, including documentation associated with best management practices,
shall be retained for a period of at least three (3) years unless
conditions exist for a longer period, and the user is specifically
notified of such longer retention period by the director or federal
or state regulations require a longer retention period. This period
shall be automatically extended for the duration of any litigation
concerning the user or the city, or where the user has been specifically
notified of a longer retention period by the director.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
