A. 
SIUs subject to Federal, State, or City regulations shall submit a periodic compliance report after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW at a frequency determined by the Director or by the wastewater discharge permit, but in no case less than once every six months. Periodic compliance reports shall indicate the nature and concentration of pollutants in the effluent which are limited by pretreatment standards including the average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with BMPs or pollution prevention alternatives, the SIU shall submit documentation required by the City or the pretreatment standard necessary to determine compliance status of the SIU. All periodic compliance reports shall be signed and certified in accordance with Section 23B-41 of this article.
B. 
The City may authorize a user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the 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 user (see 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 wastewater discharge permit, but in no case longer than five 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 23B-22(A)(8).
3. 
In making a demonstration that a pollutant is not present, the user must provide data from at least one 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 23B-41(C) and include the certification statement in Section 23B-41(A) and 40 CFR 403.6(a)(2)(ii).
5. 
Nondetectable 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 Director must be included as a condition in the user's wastewater discharge permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Director for three years after expiration of the waiver.
7. 
Upon approval of the monitoring waiver and revision of the user's wastewater discharge permit by the Director, the user must certify on each report with the statement in Section 23B-41(C) below, that there has been no increase in the pollutant in its wastestream due to activities of the 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 23B-38(A), or other more frequent monitoring requirements imposed by the Director and notify the Director.
9. 
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
10. 
All wastewater samples shall be representative of the SIU's discharge. Wastewater monitoring and flow measurement equipment shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an SIU to keep its monitoring equipment in good working order shall not be grounds for the SIU to claim that the sample results are unrepresentative of its discharge.
C. 
If a SIU subject to the reporting requirements in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the methods and procedures prescribed in these City Regulations, the results of this monitoring shall be included in the periodic compliance report. Noncategorical SIUs shall report all monitoring results.
D. 
Periodically, the sampling and analyses required for the reporting outlined above may be performed by the Director or their designee in lieu of the permittee. Where the Director or their designee makes arrangements with the SIU to collect such samples, the analytical portion of the report will not be required in the report submitted by the SIU. The SIU will be charged for all costs, including time and material, associated with sampling and analysis.
E. 
Where the Control Authority has performed the sampling and analysis in lieu of the user, the Control Authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:
1. 
The Control Authority performs sampling of the user at a frequency of at least once per month; or
2. 
The Control Authority performs sampling of the user between the time when the initial sampling was conducted and the time when the user or the Control Authority receives the results of this sampling.
(Ord. 1911, 7-17-2023)
If sampling performed by a SIU indicates a violation of these City Regulations, the SIU shall notify the Director or their designee within 24 hours of becoming aware of the violation. The SIU shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director or their designee within 30 days after becoming aware of the violations. Resampling by the user is not required if the City performs the 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 City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the user.
(Ord. 1911, 7-17-2023)
A. 
Within either 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 users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in subsection B below. At least 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 Director or their designee 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 from regulated process streams and other nonprocess streams.
B. 
Users described above shall submit the information set forth below.
1. 
All information required in Section 23B-22(A) and (B).
2. 
Compliance Certification: A statement, reviewed by the user's authorized representative as defined in Section 23B-2 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.
3. 
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 23B-42 of this article.
4. 
Signature and Report Certification: All baseline monitoring reports shall be signed in accordance with Section 23B-41 and signed by an authorized representative.
(Ord. 1911, 7-17-2023)
A. 
New Sources: All new sources subject to existing categorical pretreatment standards shall submit a report to the Director or their designee within 90 days of the date of first discharge to the POTW demonstrating actual and continuing compliance with those standards.
B. 
Existing Sources: All existing sources required to comply with newly promulgated categorical pretreatment standards shall submit a report to the Director or their designee within 90 days of the date on which compliance is required with those standards demonstrating that actual and continuing compliance with such standards has been achieved.
C. 
Such 90 day compliance reports shall contain at a minimum the information required in Section 23B-38(B). All compliance reports must be signed and certified in accordance with Section 23B-24. All sampling shall be done in accordance with Section 23B-49 of this article.
D. 
For users subject to equivalent mass or concentration limits in accordance with the procedures set forth 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.
(Ord. 1911, 7-17-2023)
Should the Director deem it necessary to assure compliance with provisions of these City Regulations, any user of the POTW may be required to submit a wastewater discharge permit application or questionnaire to the Director. Any user subject to this reporting requirement shall submit a completed report no later than 30 days after receipt of the notification and appropriate forms.
(Ord. 1911, 7-17-2023)
All reports and other submittals required to be submitted to the City shall include the following statement and signatory requirements:
A. 
The authorized representative signing any application, questionnaire, any report or other information required to be submitted to the Director shall sign and attach the following certification statement with each such report or information submitted to the Director:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the 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 a 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 Director pursuant to the definition in paragraph (3) of Section 23B-2 and 23B-23(C) must annually submit the following certification statement signed in accordance with the signatory requirements listed below.
This certification shall accompany all reports required by the Director, and shall include the following:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR 403, 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 paragraph (3) of the definition in Section 23B-2; and
b.
The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
c.
The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information:
_________________________________________________
_________________________________________________
C. 
Process for Seeking a Waiver for Pollutants Not Present or Expected to Be Present/Certification of Pollutants Not Present: The Director or their designee may authorize a CIU to forego sampling of a pollutant regulated by a categorical pretreatment standard if the CIU 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 source water and without any increase in the pollutant due to activities of the CIU.
CIUs seeking a waiver for pollutants not present or not expected to be present shall comply with the following process:
1. 
Provide sampling data and any other technical data demonstrating that such pollutants are not present in the CIU's discharge;
2. 
Provide sampling data from at least one sampling event from the CIU's process wastewater prior to any form of treatment;
3. 
Provide a signed certification statement per subsection A of this section;
4. 
Any grant of the monitoring waiver, by the Director, must be included as a condition in the CIU's wastewater discharge permit in accordance with Articles 4 and 5 of this chapter.
Upon obtaining an approved discharge monitoring waiver, all future reports shall include the following certification statement certifying that there has been no increase in the pollutant in its waste stream due to activities of the CIU:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR 403, I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list specific pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 23B-41(B).
D. 
In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the CIU's operations, the CIU must immediately notify the Director or their designee and comply with the monitoring requirements of the wastewater discharge permit.
(Ord. 1911, 7-17-2023)
Should any schedule of compliance be established in accordance with the requirements of these City Regulations, the following conditions shall apply to such schedule:
A. 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the CIU to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);
B. 
No increment referred to above shall exceed nine months; and
C. 
Not later than 14 days following each date in the schedule and the final date for compliance, the CIU shall submit a progress report to the City including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the CIU to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the City.
(Ord. 1911, 7-17-2023)
Users shall file a notification to the City a minimum of 14 days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than 20% in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:
A. 
Adding or removing processing, manufacturing or other production operations;
B. 
New substances used which may be discharged; or
C. 
Changes in the listed or characteristic hazardous waste for which the user has submitted or is required to submit information to the City under these City Regulations and 40 CFR Part 403.12(p) as amended.
D. 
The Director 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 23B-22 of this chapter.
E. 
The Director may issue a wastewater discharge permit under Section 23B-19 of this chapter or modify an existing wastewater discharge permit under Section 23B-18 of this chapter in response to changed conditions or anticipated changed conditions.
(Ord. 1911, 7-17-2023)
A. 
Each IU shall provide protection from accidental discharges and slug loads of pollutants regulated under these City Regulations. Facilities to prevent the discharge of spills or slug loads shall be provided and maintained at the IU's expense.
B. 
The City shall evaluate whether each IU needs a spill prevention and control plan or other action to control spills and slug discharges as defined in Section 23B-15. The City may require an IU to develop, submit for approval, and implement a spill prevention and control plan or take such other actions that may be necessary to control spills and slug discharges.
C. 
A spill prevention and control plan shall address, at a minimum, the following:
1. 
Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;
2. 
Description of contents and volumes of any process tanks;
3. 
Description of discharge practices, including nonroutine batch discharges;
4. 
Listing of stored chemicals, including location and volumes;
5. 
Procedures for immediately notifying the City of any spill or slug discharge. It is the responsibility of the IU to comply with the reporting requirements in Sections 23B-46 and 23B-47. Additionally, this notification requires the user to follow the wastewater discharge permit condition listed in Section 23B-27(C)(9) of these City Regulations;
6. 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response;
7. 
SIU's are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge; and
8. 
Any other information as required by the City.
D. 
Notice to Employees: A notice shall be permanently posted on the IU's bulletin board or other prominent place advising employees to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised to the emergency notification procedures.
(Ord. 1911, 7-17-2023)
A. 
In the case of any discharge, including, but not limited to, spills, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or a discharge that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director or designee of the incident.
This notification shall include:
1. 
Name of the facility;
2. 
Location of the facility;
3. 
Name of the caller;
4. 
Date and time of discharge;
5. 
Date and time discharge was halted;
6. 
Location of the discharge;
7. 
Estimated volume of discharge;
8. 
Estimated concentration of pollutants in discharge;
9. 
Corrective actions taken to halt the discharge; and
10. 
Method of disposal if applicable.
B. 
Within five working days following such discharge, the IU 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 IU to prevent similar future occurrences. Such notification shall not relieve the IU 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 IU of any fines, penalties, or other liability which may be imposed pursuant to these City Regulations.
(Ord. 1911, 7-17-2023)
A. 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the 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 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 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 23B-43. 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 23B-36, 23B-38, and 23B-39 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 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes 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. 
Such notification shall include:
1. 
The name of the hazardous waste as set forth 40 CFR Part 261;
2. 
The EPA hazardous waste number;
3. 
The type of discharge (continuous, batch, or other);
4. 
An identification of the hazardous constituents contained in the wastes;
5. 
An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month;
6. 
An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months;
7. 
Certification that the IU 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; and
8. 
Signatory certification as required by Section 23B-23 of these City Regulations.
D. 
In the case of any new regulation under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the IU shall notify the City, the EPA Regional Waste Management Waste Division Manager, and State hazardous waste authorities of the discharge of such substances within 90 days of the effective date of such regulations.
E. 
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.
F. 
This provision does not create a right to discharge any substance not otherwise allowed to be discharged by these City Regulations, a wastewater discharge permit issued hereunder, or any applicable Federal or State law.
(Ord. 1911, 7-17-2023)
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 the receipt of the report shall govern.
(Ord. 1911, 7-17-2023)
A. 
Recordkeeping Requirements:
1. 
Any user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section, including documentation associated with best management practices. Such records shall include for all samples:
a. 
The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
b. 
The dates analyses were performed;
c. 
Who performed the analyses;
d. 
The analytical techniques/methods use; and
e. 
The results of such analyses.
2. 
Any user subject to the reporting requirements established in this section (including documentation associated with best management practices) shall be required to retain for a minimum of three years any records of monitoring activities and results (regardless of whether such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Director and the U.S. EPA Regional Administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the user when requested by the Director or the Regional Administrator.
3. 
Any POTW to which reports are submitted by a user shall retain such reports for a minimum of three years and shall make such reports available for inspection and copying by the Director and the Regional Administrator. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the user or the operation of the POTW pretreatment program or when requested by the Director or the U.S. EPA Regional Administrator.
B. 
Failure to maintain or make available any records described in subsection A shall be grounds for enforcement. If enforcement is required, the user shall be subject to the terms described in the City's sewer enforcement response plan.
(Ord. 1911, 7-17-2023)
A. 
Sample Collection: Compliance determinations with respect to prohibitions and limitations in these City Regulations may be made on the basis of either grab or composite samples of wastewater as specified by the Director or their designee. Such samples shall be taken at a point or points which the Director or their designee determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a 24 hour period, or over a longer or shorter time span, as determined by the City to meet specific circumstances. Sample collection shall follow the procedures set forth in 40 CFR 403, Appendix E.
B. 
Sample Type: Samples collected to satisfy reporting requirements shall be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and based on data that is representative of conditions occurring during the reporting period.
1. 
Except as indicated in paragraphs (2) and (3) below, the user shall collect representative wastewater samples using 24 hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is required by the Director or their designee. Where time-proportional composite sampling or grab sampling is authorized by the Director or their designee, the samples shall be representative of the permitted discharge and the decision to allow the alternative sampling must be documented in the user's file for that facility or facilities.
2. 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques. 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. Composited samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director or their designee, as appropriate. In addition, grab samples may be required to show compliance with instantaneous local limits, including pH.
3. 
For sampling required in support of baseline monitoring and 90 day compliance reports required in Sections 23B-38 and 23B-39, a minimum of four grab samples shall be used for pH, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical representative sampling data do not exist. Where historical data are available, the Director or their designee may authorize a lower minimum. For the reports required by Sections 23B-36(A) and 23B-40 of this article, the Control Authority shall require the number of grab samples necessary to assess and assure compliance by users with applicable pretreatment standards and requirements.
C. 
Analytical Requirements: All pollutant analysis, including sampling techniques, to be submitted as part of a wastewater discharge permit application, report, permit or other analyses required under these City Regulations 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 40 CFR 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 Director or their designee or other parties approved by the EPA.
D. 
Quality Assurance and Quality Control (QA/QC) Requirements: The permittee/laboratory shall use the QA/QC procedures pursuant to 40 CFR 136.7.
(Ord. 1911, 7-17-2023)
The reports and other documents required to be submitted or maintained under this article shall be subject to:
A. 
The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;
B. 
The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and
C. 
The provisions of Section 309(c)(6) of the Act, regarding responsible corporate officers.
(Ord. 1911, 7-17-2023)