[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. 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 Program Administrator a report which contains the information listed in Subsection
(B), 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 Program Administrator a report which contains the information listed in Subsection
(B), 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.
B. Users described above shall submit the information set forth below.
2.
Measurement Of Pollutants.
b.
The user shall take a minimum of one (1) 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 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 waste stream 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.
d.
Sampling and analysis shall be performed in accordance with Sections
711.370 and
711.380.
e.
The Program Administrator 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 BMR 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.
3.
Compliance Certification. A statement, reviewed by the user's authorized representative as defined in the definition of "authorized or duly authorized representative of the user" in Section
711.040 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.
4.
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 Section
711.300 of this Chapter.
5.
Signature And Report Certification. All baseline monitoring reports must be certified in accordance with Section
711.410(A) of this Chapter and signed by an authorized representative as defined in Section
711.040.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. The following conditions shall apply to the compliance schedule required by Section
711.290(B)(4) of this Chapter.
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 Program Administrator
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 Program Administrator.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
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 Program Administrator a report containing the information described in Section
711.190(A)(6) and
(7) and Section
711.290(B)(2) of this Chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section
711.060, 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 and certified in accordance with Section
711.410(A) of this Chapter. All sampling will be done in conformance with Section
711.380.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. All significant industrial users must, at a frequency determined
by the Program Administrator, submit no less than twice per year (June
and December) 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 Program Administrator
or the pretreatment standard necessary to determine the compliance
status of the user.
B. The City of Portageville 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 (40 CFR 403.12(e)(2)). This authorization is
subject to the following conditions:
1.
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.
2.
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 five (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
711.190(A)(7)(f).
3.
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one (1) sampling of
the facility's process wastewater prior to any treatment present
at the facility that is representative of all wastewater from all
processes.
4.
The request for a monitoring waiver must be signed in accordance with Section
711.040, and include the certification statement in Section
711.410(A) (40 CFR 403.6(a)(2)(ii)).
5.
Non-detectable 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.
6.
Any grant of the monitoring waiver by the Program Administrator
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 Program Administrator
for three (3) years after expiration of the waiver.
7.
Upon approval of the monitoring waiver and revision of the user's permit by the Program Administrator, the industrial user must certify on each report with the statement in Section
711.410(C) below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
8.
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 Section
711.320(A), or other more frequent monitoring requirements imposed by the Program Administrator, and notify the Program Administrator.
9.
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
C. All periodic compliance reports must be signed and certified in accordance with Section
711.410(A) of this Chapter.
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.
E. 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 Program Administrator, using the procedures prescribed in Section
711.390 of this Chapter, the results of this monitoring shall be included in the report.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. Each user must notify the Program Administrator of any significant
changes to the user's operations or system which might alter
the nature, quality, or volume of its wastewater at least thirty (30)
days before the change.
1.
The Program Administrator 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
711.190 of this Chapter.
2.
The Program Administrator may issue an individual wastewater discharge permit under Section
711.270 of this Chapter or modify an existing wastewater discharge permit under Section
711.240 of this Chapter in response to changed conditions or anticipated changed conditions.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, a slug discharge or slug load that might cause potential
problems for the POTW, the user shall immediately telephone and notify
the Program Administrator 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. Within five (5) days following such discharge, the user shall, unless
waived by the Program Administrator, 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 Chapter.
C. 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
(A), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
D. Significant industrial users are required to notify the Program Administrator
immediately of any changes at its facility affecting the potential
for a slug discharge.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Program Administrator
as the Program Administrator may require.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
If sampling performed by a user indicates a violation, the user
must notify the Program Administrator within twenty-four (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 Program Administrator 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.
[Ord. No. 1333, 12-19-2022]
Discharge of hazardous waste materials into the Municipal Sewer
System is strictly prohibited. Persons discharging such wastes intentionally
or accidentally shall be totally responsible for the total cost to
remove, treat, cleanup, dispose of or as needed to eliminate.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
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 136 and amendments thereto, unless otherwise specified in
an applicable categorical pretreatment standard. If 40 CFR 136 does
not contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the 40 CFR 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 Program Administrator or other
parties approved by EPA.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. 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 Subsection
(A)(2) and
(3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Program Administrator. 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 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-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 daily maximum limits.
2.
Samples for 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 ninety-day compliance reports required in Section
711.290 and
711.310 [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 Program Administrator may authorize a lower minimum. For the reports required by Section
711.320 [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.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
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.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, 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
711.080(C). 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 Program Administrator.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. 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
711.200, users submitting baseline monitoring reports under Section
711.290(B)(5), users submitting reports on compliance with the categorical pretreatment standard deadlines under Section
711.310, users submitting periodic compliance reports required by Section
711.320. The following certification statement must be signed by an authorized representative as defined in Section
711.040:
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.
B. Annual Certification For Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the Program Administrator pursuant to Sections
711.040 and
711.200(C) [Note: See 40 CFR 403.3(v)(2)] must annually submit the following certification statement signed in accordance with the signatory requirements in Section
711.200(C) [Note: See 40 CFR 403.120(l)]. This certification must accompany an alternative report required by the Program Administrator:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from __________, __________ to __________,
__________ [months, days, year]:
|
(a)
|
The facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 711.040; [Note: See 40 CFR 403.3(v)(2)]
|
(b)
|
The facility complied with all applicable Pretreatment Standards
and requirements during this reporting period; and
|
(c)
|
The facility never discharged more than one hundred (100) gallons
of total categorical wastewater on any given day during this reporting
period.
|
This compliance certification is based on the following information.
|
|
|
C. Certification Of Pollutants Not Present. Users that have an approved monitoring waiver based on Section
711.320(B) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. [Note: See 40 per CFR 403.12(e)(2)(v)]
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _____ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section
711.320(A).