(a)
Within either one hundred eighty (180) calendar days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsection (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 superintendent 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.
(A)
The user shall provide the information required in section 13.05.095(a)(7)(A) through (D).
(B)
The user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this subsection.
(C)
Samples shall 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 shall 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;
(E)
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;
(F)
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.
(3)
Compliance certification.
A statement, reviewed by the user's authorized representative as defined in section 13.05.004 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(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 13.05.142 of this article.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
The following conditions shall apply to the compliance schedule required by section 13.05.141(b)(4) of this article:
(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.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
Within ninety (90) calendar days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in section 13.05.095(a)(6) through (7) and section 13.05.141(b)(2) of this article. All compliance reports must be signed and certified in accordance with section 13.05.154 of this article. All sampling will be done in conformance with section 13.05.151.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
(a)
Significant industrial users must, at a frequency determined
by the superintendent submit no less than twice (2) per year (June
and December) (or on dates specified in user wastewater discharge
permit) reports indicating the nature concentration of pollutants
in the discharge which are limited by pretreatment standards or local
limits and the measured or estimated average and maximum daily flows
for the reporting period. In cases where the pretreatment standard
requires compliance with a best management practice (BMP) or pollution
prevention alternative, the user must submit documentation required
by the superintendent or the pretreatment standard necessary to determine
the compliance status of the user;
(b)
All periodic compliance reports must be signed and certified in accordance with section 13.05.154 of this article;
(c)
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;
(d)
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 13.05.151 of this article, the results of this monitoring shall be included in the report;
(e)
Sampling requirements for reports on continued compliance shall comply with the requirements of section 13.05.151;
(f)
The city may allow alternate sampling by including the alternate
sampling in the IU permit. The city is required to document site-specific
circumstances and document how alternate sampling techniques are representative
of the discharge. Where the city cannot verify that previous techniques
were representative, such data will not support the use of this alternative
practice.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
(a)
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)
calendar days before the change.
(b)
Each user is required to notify the CA immediately of any changes
at its facility affecting potential for a slug discharge.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
(a)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, a slug discharge or slug load, which
might cause potential problems for the POTW, the user shall immediately
telephone and notify the superintendent of the incident. This notification
shall include the location of the discharge, type of waste, concentration,
and volume, if known, and corrective actions taken by the user.
(b)
Within five (5) days following such discharge, the user shall,
unless waived by the superintendent, submit a detailed written report
describing the cause(s) of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, or other
liability which might be incurred as a result of damage to the POTW,
natural resources, or any other damage to person or property; nor
shall such notification relieve the user of any fines, penalties,
or other liability which may be imposed pursuant to this article.
(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 superintendent
immediately of any changes at its facility affecting the potential
for a slug discharge.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the superintendent as
the superintendent may require.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
If sampling performed by a user indicates a violation, the user
must notify the superintendent within twenty-four (24) hours of the
date of the lab report that shows a violation. The user shall also
repeat the sampling and analysis and submit the results of the repeat
analysis to the superintendent within thirty (30) days after the date
of the lab report that shows 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's facility 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.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
(a)
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) calendar days after the discharge commences. Any notification under this subsection needs be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 13.05.145 of this article. 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 13.05.141, 13.05.143, and 13.05.144 of this article.
(b)
Dischargers are exempt from the requirements of subsection (a) 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.
(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 user must notify
the superintendent, the EPA Regional Waste Management Waste Division
Director, and state hazardous waste authorities of the discharge of
such substance within ninety (90) days of the effective date of such
regulations.
(d)
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.
(e)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
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.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
(1)
Except as indicated in subsections (2) and (3) below, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized in writing by the superintendent. The IU must demonstrate (in writing) that the time-proportional or grab samples are representative of the discharge before the CA may allow the IU to submit such samples. Where time proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, total
phenols, sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
(3)
For sampling required at new IUs, existing IUs that make changes or install new treatment, or existing IUs for which historical sampling data does not exist, in support of baseline monitoring and 90 day compliance reports required in sections 13.05.141 and 13.05.143 (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. Where there has been a change to existing IUs, for example, the addition of treatment, historic data that does not represent the current discharge would not be able to be used to justify a lower minimum of grab samples for the reports required by section 13.05.144 (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.
(4)
For sampling facilities that discharge less than 24 hours per
day, the sampling must be representative of the IU's wastewater
discharge. Sampling must be taken within a 24-hour period; however,
the sample should only be collected during that portion of the 24-hour
period that the IU is discharging from the regulated process and/or
pretreatment unit (as long as regulated process wastewater is flowing
through the pretreatment unit).
(5)
During parts of the day when there is no discharge of process
wastewater, standing water should not be disproportionately sampled
and analyzed as it would not be representative of the discharge from
the IU.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
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.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
Users subject to the reporting requirements of this article
shall retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this article, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, and documentation associated with best management practices
established under section 13.05.208(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.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
Certification of permit applications and user reports. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with section 13.05.096; users submitting baseline monitoring reports under section 13.05.141(b)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under section 13.05.143; and users submitting periodic compliance reports required by section 13.05.144(a)–(d). The following certification statement must be signed by an authorized representative as defined in section 13.05.004:
I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.
(Ordinance 1711 adopted 4/24/18; Ordinance 1860 adopted 8/8/2023)
