[Ord. No. 380-2023, 2-21-2023]
A. 
No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Superintendent, except that a Significant Industrial User that has filed a timely application pursuant to Section 705.482 of this Chapter may continue to discharge for the time period specified therein.
B. 
The Superintendent may require other Users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Chapter.
C. 
Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Article II of this Chapter. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.
[Ord. No. 380-2023, 2-21-2023]
When requested by the Superintendent, a User must submit information on the nature and characteristics of its wastewater within fifteen (15) days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require Users to update this information.
[Ord. No. 380-2023, 2-21-2023]
Any User required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the Superintendent for an individual wastewater discharge permit in accordance with Section 705.490 of this Chapter, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of the effective date of this Chapter except in accordance with an individual wastewater discharge permit issued by the Superintendent.
[Ord. No. 380-2023, 2-21-2023]
Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with Section 705.490 of this Chapter, must be filed at least one hundred twenty (120) days prior to the date upon which any discharge will begin or recommence.
[Ord. No. 380-2023, 2-21-2023]
A. 
All Users required to obtain an individual wastewater discharge permit must submit a permit application accompanied by a fee of fifty dollars ($50.00). The Superintendent may require Users to submit all or some of the following information as part of a permit application:
1. 
Identifying Information.
a. 
The name and address of the facility, including the name of the operator and owner.
b. 
Contact information, description of activities, facilities, and plant production processes on the premises;
2. 
Environmental Permits. A list of any environmental control permits held by or for the facility.
3. 
Description Of Operations.
a. 
A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications 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 from the regulated processes.
b. 
Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
c. 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
d. 
Type and amount of raw materials processed (average and maximum per day);
e. 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
4. 
Time and duration of discharges;
5. 
The location for monitoring all wastes covered by the permit;
6. 
Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 705.600(A)(3) (40 CFR 403.6(e)).
7. 
Measurement Of Pollutants.
a. 
The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.
b. 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process.
c. 
Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.
d. 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 705.540(G) of this Chapter. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Superintendent or the applicable Standards to determine compliance with the Standard.
e. 
Sampling must be performed in accordance with procedures set out in Section 705.540(H) of this Chapter.
8. 
Any other information as may be deemed necessary by the Superintendent to evaluate the permit application.
B. 
Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
[Ord. No. 380-2023, 2-21-2023]
A. 
All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 705.540(J).
B. 
If the designation of an Authorized Representative 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 written authorization satisfying the requirements of this Section must be submitted to the Superintendent prior to or together with any reports to be signed by an Authorized Representative.
C. 
A facility determined to be a Non-Significant Categorical Industrial User by the Superintendent pursuant to 705.020(A) must annually submit the signed certification statement in Section 705.540(K). [Note: See 40 CFR 403.3(v)(2)]
[Ord. No. 380-2023, 2-21-2023]
The Superintendent will evaluate the data furnished by the User and may require additional information. Within forty-five (45) days of receipt of a complete permit application, the Superintendent will determine whether to issue an individual wastewater discharge permit. The Superintendent may deny any application for an individual wastewater discharge permit.
[Ord. No. 380-2023, 2-21-2023]
A. 
An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
B. 
Individual wastewater discharge permits must contain:
1. 
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.
2. 
A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 705.520 of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
3. 
Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards.
4. 
Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
5. 
A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
6. 
Requirements to control Slug Discharge, if determined by the Superintendent to be necessary.
C. 
Individual wastewater discharge permits, may contain, but need not be limited to, the following conditions:
1. 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2. 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
3. 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5. 
The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
6. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
7. 
A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit; and
8. 
Other conditions as deemed appropriate by the Superintendent to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.
[Ord. No. 380-2023, 2-21-2023]
An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
[Ord. No. 380-2023, 2-21-2023]
A. 
Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Superintendent and the Superintendent approves the individual wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:
1. 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
2. 
Identifies the specific date on which the transfer is to occur; and
3. 
Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
B. 
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
[Ord. No. 380-2023, 2-21-2023]
A. 
The Superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons;
1. 
To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
2. 
To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
3. 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. 
Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters;
5. 
Violation of any terms or conditions of the individual wastewater discharge permit;
6. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application of in any required reporting;
7. 
Revision of or a grant of variance form categorical Pretreatment Standards pursuant to 40 CFR 403.13;
8. 
To correct typographical or other errors in the individual wastewater discharge permit; or
9. 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 705.520.
[Ord. No. 380-2023, 2-21-2023]
A. 
The Superintendent may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. 
Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;
2. 
Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 705.540(D) of this Chapter;
3. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4. 
Falsifying self-monitoring reports and certification statements;
5. 
Tampering with monitoring equipment;
6. 
Refusing to allow the Superintendent timely access to the facility premises and records;
7. 
Failure to meet effluent limitations;
8. 
Failure to pay fines;
9. 
Failure to pay sewer charges;
10. 
Failure to meet compliance schedules;
11. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
12. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
13. 
Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this Chapter.
B. 
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
[Ord. No. 380-2023, 2-21-2023]
A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 705.490 of this Chapter, a minimum of ninety (90) days prior to the expiration of the User's existing individual wastewater discharge permit.
[Ord. No. 380-2023, 2-21-2023]
A. 
If another municipality, or User located within another municipality, contributes wastewater to the POTW, the Superintendent shall enter into an intermunicipal agreement with the contributing municipality.
B. 
Prior to entering into an agreement required by Subsection (A), above, the Superintendent shall request the following information from the contributing municipality:
1. 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
2. 
An inventory of all Users located within the contributing municipality that are discharging to the POTW; and
3. 
Such other information as the Superintendent may deem necessary.
C. 
An intermunicipal agreement, as required by Subsection (A), above, shall contain the following conditions:
1. 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Chapter and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in Section 705.580 of this Chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or Local Limits;
2. 
A requirement for the contributing municipality to submit a revised User inventory on at least an annual basis;
3. 
A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;
4. 
A requirement for the contributing municipality to provide the Superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities;
5. 
Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
6. 
Requirements for monitoring the contributing municipality's discharge;
7. 
A provision ensuring the Superintendent access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Superintendent; and
8. 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
[Ord. No. 380-2023, 2-21-2023]
A. 
Baseline Monitoring Report.
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 significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the Superintendent a report which contains the information listed in Subsection (A)(2) below. At least ninety (90) days prior to commencement of their 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 City a report which contains the information listed in Subsection (A)(2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
2. 
Users described above shall submit the information set forth below.
a. 
All information required in Section 705.490(A)(1)(a), Section 705.490(A)(2), Section 705.490(A)(3)(a), and Section 705.490(A)(6).
b. 
Measurement of pollutants.
(1) 
The User shall provide the information required in Section 705.490(A)(7)(a) through (d).
(2) 
The User shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this Subsection.
(3) 
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.
(4) 
Sampling and analysis shall be performed in accordance with Sections 705.540(G) and 705.540(H).
(5) 
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.
(6) 
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 705.020 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 Section 705.540(B) of this Chapter.
e. 
Signature And Report Certification. All baseline monitoring reports must be certified in accordance with Section 705.540(J) of this Chapter and signed by an Authorized Representative as defined in Section 705.020.
B. 
Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 705.540(A)(2)(d) 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 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 the 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 705.490(A)(6) and (7) and Section 705.540(A)(2)(b)(2) of this Chapter. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 705.600, 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 705.540(J) of this Chapter. All sampling will be done in conformance with Sections 705.540(G) and 705.540(H).
D. 
Periodic Compliance Reports.
1. 
Unless required more frequently in a Wastewater Discharge Permit issued by the City, all significant industrial users (SIUs) shall submit to the Superintendent during the months of June and December a periodic compliance report. The report shall contain the results of sampling and analysis of the discharge, including the flow rate and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. 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. The frequency of sampling and analysis shall be as prescribed in Section 705.540(H)(1). The reporting frequency for any industry may be altered by the Superintendent upon consideration of such factors as actual flow rates and pollutant concentrations, seasonal production schedules, etc.
2. 
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or in other cases where the imposition of mass limitations are appropriate. In such cases, the semi-annual self-monitoring report shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
3. 
All significant industrial users (SIUs) shall sample and analyze their wastewater discharge at the frequency stipulated in their Wastewater Discharge Permit. Monitoring shall consist of sampling the discharge and determining the nature and concentration of pollutants contained therein which are limited by the applicable pretreatment standard. Upon promulgation of a national categorical pretreatment standard for a particular industrial category containing more stringent monitoring requirements, the requirements of this Section shall immediately be superseded. The Superintendent shall notify all affected users of the more stringent requirements.
4. 
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.
5. 
Periodic compliance reports shall contain the results of all sampling and analysis performed by the user during the period covered by the report. If sampling and analysis performed by the user indicates a violation of permit limitations, the user shall notify the POTW within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit both analyses to the Superintendent within thirty (30) consecutive calendar 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.
6. 
The periodic compliance reports shall be based upon data obtained through appropriate sampling and analysis as described in Sections 705.540(G) and 705.540(H), performed during the period covered by the report, which data is representative of conditions occurring during the reporting periods.
7. 
The periodic compliance report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment standards or requirements.
8. 
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 Section 705.540(H) of this Chapter, the results of this monitoring shall be included in the report. [Note: See 40 CFR 403.12(g)(6)]
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 ninety (90) 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 705.540(A) of this Chapter.
2. 
The Superintendent may issue an individual wastewater discharge permit under Section 705.532 of this Chapter or modify an existing wastewater discharge permit under Section 705.530 of this Chapter in response to changed conditions or anticipated changed conditions.
3. 
No industrial user shall implement the planned changed conditions until and unless the Superintendent has responded to the industrial user's notice.
4. 
For purposes of this requirement, flow increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.
F. 
Reports Of Potential Problems.
1. 
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 which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 705.570, it is the responsibility of the industrial user to immediately telephone and notify the City of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
2. 
Within five (5) days following such discharge, the industrial 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 industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this Article or other applicable law.
3. 
Failure to notify the City of potential problem discharges shall be deemed a separate violation of this Article.
4. 
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection (F)(1) above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
5. 
Significant Industrial Users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
G. 
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.
H. 
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 (H)(2) and (H)(3) below, the User must collect wastewater samples using twenty-four (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 twenty-four (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 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 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 (90) day compliance reports required in 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 Section 705.540(B) (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.
I. 
Record Keeping Requirements. 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 705.580(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 Superintendent.
J. 
Certification Statement. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Sections 705.491 and 705.500; Users submitting baseline monitoring reports under Section 705.540(A); Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 705.540(C) and Users submitting periodic compliance reports required by Section 705.540(D). The following certification statement must be signed by an Authorized Representative as defined in Section 705.020.
1. 
"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 fines and imprisonment for knowing violations."
2. 
Signature of an authorized representative of the industrial user (as designed in 40 CFR 4033.12(1)).
K. 
Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a Non-Significant Categorical Industrial User by the Superintendent pursuant to Section 705.020(A) and Section 705.491(C) [Note: See 40 CFR 403.3(v)(2)], must annually submit the following certification statement signed by an Authorized or Duly Authorized Representative of the User as described in Section 705.020(A) [Note: See 40 CFR 403.120(1)]. This certification must accompany an alternative report if required by the Superintendent:
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]:
1. 
The facility described as __________ met the definition of a Non-Significant Categorical Industrial User;
2. 
The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
3. 
The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period.