(a)
The CLB may inspect and sample the wastewater generating and disposal
equipment of any user's site to ascertain whether the requirements
of this chapter are being met and the user is complying with all requirements.
(b)
Where a user has instituted security measures requiring proper identification
and clearance before entry onto the premises, the user shall make
all necessary arrangements with its security in order that the inspectors
of the CLB shall be allowed to enter the premises without delay for
the purpose of performing their authorized duties.
(c)
The CLB shall have the right to set up on the user's property or
any other locations, as determined by the CLB, such devices as are
necessary to conduct sampling or metering operations of the user's
discharge to sewerage facilities.
(d)
In order for the CLB to determine the wastewater characteristics
of a discharge for compliance with this chapter, wastewater discharge
permit, or other control mechanism requirements, the user may be required
to make available for inspection and copying all records including,
but not limited to, production records, required self-monitoring and
chain of custody records, any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements, documents associated with best management practices
and waste manifests without restriction, but subject to the confidential
provisions set forth in this chapter. All records shall be maintained
by users for a minimum of three years. This period shall be automatically
extended for the duration of any litigation concerning the user, or
when the user has been notified by written request from the CLB. Such
records shall be made available to the CLB upon request.
(e)
Any temporary or permanent obstruction to safe and easy access to
the user's site to be inspected or sampled shall be promptly removed
by the user at the written or verbal request of the CLB and shall
not be replaced. The costs of cleaning such access shall be at the
sole expense of the user.
(f)
Inspection or sampling of any user's site shall be conducted at any
time, by any means, in any amount, at any locations, on any limit,
requirement or pollutant in a manner and frequency as determined at
the sole discretion of the CLB.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Self-monitoring of wastewater pollutants, constituents and characteristics
of the user needed for determining compliance with any limitations
and requirements as specified in the user's wastewater discharge permit,
federal regulations, or this chapter may be required. The self-monitoring
requirement, frequency, forms and reporting shall be set forth in
the user's wastewater discharge permit or other control mechanism.
These reports may include, but are not limited to the following:
(1)
Baseline monitoring reports (BMRs);
(2)
Compliance schedule progress reports;
(3)
Ninety-day compliance reports;
(4)
Self-monitoring reports containing monitoring and analysis to demonstrate
continued compliance as described in 40 CFR 403.12(g)(1)-(6);
(5)
Other reports as required by the CLB, other regulatory agencies or
applicable law.
(b)
Failure by the user to perform any self-monitoring or reporting required
by the CLB, shall be a violation of this chapter, and is deemed to
be a violation for each parameter and each day in the time period
for which monitoring was required, and cause for the CLB to initiate
all necessary tasks and analysis to determine the wastewater pollutants,
constituents and characteristics for any limitations and requirements
specified in the user's wastewater discharge permit or in this chapter.
The user shall be responsible for any and all expenses incurred by
the CLB in undertaking such monitoring analysis and preparation of
reports.
(c)
All users required to sample and analyze their wastewater shall use
the sampling methods and the sampling locations as set forth in their
wastewater discharge permit. For each sample collected and analyzed,
the user shall maintain a record of:
(d)
Samples taken shall be representative of conditions occurring during
the reporting period. Users shall submit all monitoring data, even
if user samples more frequently than required by its wastewater discharge
permit. User is required to provide advance notice of any substantial
change in the volume or character of pollutants in their discharge.
(e)
When required, all submitted applications and user reports shall
be signed by the CAR as defined in this chapter. Each application
and any required user report shall contain the following certification:
"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."
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Date: _____________________
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Signature: __________________
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Print Name:_________________
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Title: ______________________
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User Name: _________________
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User Site
Address: ___________________
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User Mailing
Address: ___________________
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Phone: ____________________
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Permit No:__________________
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(f)
Self-monitoring reports shall be subject to the provisions of 18
U.S.C. Section 1001 relating to false statements and fraud and the
provisions of Section 309(c)(2) of the Act governing false statements.
(g)
The analysis of a user's wastewater pollutants, constituents and
characteristics shall be done by a laboratory approved by the CLB.
(h)
If self-monitoring indicates a violation, the user shall notify the
CLB within twenty-four hours of becoming aware of the violation. The
user shall repeat the sampling and analysis and submit the results
of the repeat analysis to the CLB within thirty days after becoming
aware of the violation. Resampling by a user is not required if the
CLB performs the sampling at the user's site at least once a month,
or if the CLB performs sampling at the user between the time when
the initial sampling was conducted and the time when the user or the
CLB receives the results of the sampling, or if the CLB has performed
the sampling and analysis in lieu of the user.
(i)
The analysis of wastewater pollutants, constituents and characteristics
and the preparation of the self-monitoring report shall be done at
the sole expense of the user.
(j)
The user shall establish and maintain a sample point on each discharge
line at a location representative of the discharge to sewerage facilities.
The maintenance of any sample point equipment shall be done at the
sole expense of the user. Any sampling location shall be set forth
in the user's wastewater discharge permit.
(k)
Any user subject to the reporting requirements of this chapter shall
retain all records of monitoring activities and results for a minimum
of three years and shall make them available to the CLB upon request.
The CLB may require a longer period of retention if litigation is
being considered or has resulted.
(l)
Any user subject to self-monitoring reporting requirements may be
required to submit self-monitoring reports on forms approved by the
CLB.
(m)
Any user determined to be a nonsignificant categorical industrial user (NSCIU) by the CLB pursuant to Section 17.30.051(b)(87)(C) and 17.30.357 shall annual submit the following certification statement signed by the CAR as defined in this chapter. This certification shall accompany an alternative report required by the CLB:
"Based on my inquiry of the person or persons directly responsible
for managing compliance with categorical pretreatment standards under
40 CFR ___________, I certify that, to the best of my knowledge and
belief that during the period from January 1, ___________ to December
31,___________:
(a)
The facility described as ___________ met the definition of non-significant categorical industrial user as described in Section 17.30.051(b)(87)(C);
(b)
The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
(c)
The facility never discharged more then 100 gallons of total categorical
wastewater on any given day during this reporting period.
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Date: _______________
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Signature: _______________
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Print Name: _______________
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This compliance certification is based on the following information.
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___________________________________________________________________
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___________________________________________________________________
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(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010; Ord. 1655 § 13, 2021)
(a)
In the event the user is unable to comply with any of the wastewater
discharge permit conditions due to a breakdown of equipment, accidents
caused by human error, or intentional action by any party, or acts
of God, or any other cause, the discharger shall notify the CLB as
soon as possible of any spill, slug discharge, batch dumping or upset.
(b)
Confirmation of this notification shall be made in writing within
five working days of the original notification, unless waived by the
CLB. The written notification shall contain:
(c)
Such notification shall not relieve the user of any expense, loss,
damage, liability or fees which may be incurred as a result of damage
or loss to sewerage facilities or any damage or loss to persons or
property. Such notification shall never relieve the user from any
fees or liability which may be imposed by this chapter, other regulatory
agencies or other applicable law.
(d)
Significant industrial users shall notify the CLB immediately of
any changes at its site affecting the potential for a slug discharge.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
By-pass of industrial wastewater through pretreatment equipment to
sewerage facilities is prohibited. Enforcement action may be taken
against the user, unless:
(1)
By-pass was unavoidable to prevent loss of life, personal injury,
or severe property damage; and
(2)
There were no feasible alternatives to the by-pass, such as the use
of auxiliary treatment equipment, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a by-pass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
(3)
The user submitted notice as required by this chapter; or
(4)
The bypass did not exceed user discharge limits and was required
for essential maintenance.
(b)
If a user knows in advance of the need for a by-pass, it shall submit
prior notice to the CLB at least ten days before the date of the by-pass.
(c)
The CLB may approve an anticipated by-pass after considering its
adverse effects, if the CLB determines that it will meet the conditions
listed within this section.
(d)
A user shall submit notice of an unanticipated by-pass that exceeds
their wastewater discharge permit limitation to the CLB within twenty-four
hours from the time the user becomes aware of the by-pass. A written
report shall also be provided within five working days of the time
the user becomes aware of the by-pass. The report shall contain:
(e)
Failure to submit notice or a written report may be grounds for wastewater
discharge permit suspension or revocation. Failure to provide timely
notice under subsection d is deemed waiver of the bypass defense for
the user violation.
(f)
Such notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage
or loss to sewerage facilities or any other damage or loss to person
or property. Such notification shall never relieve the user from any
fees or liability that may be imposed by this chapter or other applicable
law.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
Within either one hundred eighty days after the effective date
of a categorical standard or the final administrative decision on
a category determination under 40 CFR 403.6(a)(4), whichever is later,
an existing categorical industrial user currently discharging to or
scheduled to discharge shall submit to the CLB a report containing
the information listed below. At least ninety days prior to commencement
of discharge, new sources, and sources that become categorical industrial
users subsequent to the promulgation of an applicable categorical
standard shall submit to the CLB a report containing the information
listed 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. The baseline monitoring report shall
include, but is not limited to, the following:
(a)
Identifying Information. The name and address of the site, including
the name of the operator and owner;
(b)
Permits. A list of any environmental control permits held by or for
the site;
(c)
Description of Operations. A brief description of the nature, average
rate of production, and standard industrial classification of the
operation(s) carried out by such industrial user. This description
should include a schematic process diagram which indicates points
of discharge to sewerage facilities from the regulated processes;
(d)
Flow Measurements. Information showing the measured average daily
and maximum daily flow, in gpd, to sewerage facilities from regulated
process streams and other streams as necessary;
(e)
Measurement of Pollutants. The categorical pretreatment standards
applicable to each regulated process and the results and analysis
identifying the nature and concentration, or mass, where required
by the standard or by the CLB, of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and longterm
average concentrations, or mass where required, shall be reported.
The sample shall be representative of daily operations. In cases where
the standards requires compliance with a BMP or pollution prevention
alternative, the industrial user shall submit documentation as required
by the CLB or the applicable standards to determine compliance with
the standard;
(f)
Certification. A statement, reviewed by the user's CAR 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) or additional pretreatment is
required to meet the pretreatment standards and requirements.
(g)
Compliance Schedule. If additional pretreatment or O&M will be
required to meet the pretreatment standards, the shortest schedule
by which the industrial user will provide such additional pretreatment
or O&M. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard;
(h)
Signature and Certification. All monitoring reports shall be signed and certified in accordance with Section 17.30.351(e) of this chapter.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
All Class I users required to submit compliance schedules shall report
their progress no later than fourteen days after each due date contained
in their compliance schedule.
(b)
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 user to comply with the applicable pretreatment standards.
(c)
No increment referred to above shall exceed nine months.
(d)
In no event shall more than nine months elapse between progress reports
to the CLB.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
Within ninety days following the date for final compliance with
the applicable categorical standards or within ninety days of the
introduction of wastewater into sewerage facilities, the affected
user shall submit a report containing the information listed below.
This report shall include, but is not limited to, the following:
(a)
Flow Measurements. Information showing the measured average daily
and maximum daily flow, in gallons per day, to sewerage facilities
from regulated process streams and other streams;
(b)
Measurement of Pollutants. The categorical pretreatment standards
applicable to each regulated process and the results and analysis
identifying the nature and concentration, or mass, where required
by the standard or by the CLB, of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and longterm
average concentrations, or mass where required, shall be reported.
The sample shall be representative of daily operations;
(c)
Certification. A statement, reviewed by the user's CAR 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) or additional pretreatment is
required to meet the pretreatment standards and requirements;
(d)
Signature and Certification. All monitoring reports shall be signed and certified in accordance with Section 17.30.351(e).
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
All Class I users subject to federal pretreatment standards (except
a nonsignificant categorical user) as a minimum shall submit reports
containing the information required in 40 CFR 403.12 during the months
of June and December, or as required in their WD permit or other control
mechanism.
(b)
A Class I user determined to be a nonsignificant categorical industrial user by the CLB or SOCWA pursuant to Section 17.30.051(b)(87)(C) shall annually submit a report containing information as required in their WD permit or other control mechanism.
(c)
All users may be required to submit periodic compliance reports containing
information as required in their WD permit, other control mechanism
or as required by the CLB.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
CLB shall have the right to enter the premises of any user to
determine whether the user is complying with the requirements of this
chapter and any individual wastewater discharge permit, other control
mechanism or order issued hereunder. Users shall allow CLB ready access
to all parts of the premises for the purpose of inspection, sampling,
records examination and copying, and the performance of any other
duties.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
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 CLB or other parties approved by
the EPA.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Samples collected by the user to satisfy reporting requirements contained
in this chapter, their WD permit or other control mechanism shall
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.
(b)
Except as indicated in subsections c and d, the user shall collect
wastewater samples using twenty-four hour flow-proportional composite
sampling techniques, unless time-proportional composite sampling of
grab sampling is authorized by the CLB. Where time-proportional composite
sampling or grab sampling is authorized by the CLB, the samples shall
be representative of the discharge. Using protocols 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 CLB, as appropriate. In addition, grab samples may be required
at any time to show compliance with instantaneous discharge limits.
(c)
Samples for analysis of oil and grease, temperature, pH, cyanide,
total phenols, sulfides, and volatile organic compounds shall be obtained
using grab sample collection techniques.
(d)
For sampling required in support of baseline monitoring and ninety-day
compliance reports required by this chapter and 40 CFR 403.12(b) and
(d), a minimum of four grab samples shall be used for pH, cyanide,
total phenols, oil and grease, sulfide and volatile organic compounds
for users for which historical sampling data do not exist; for users
for which historical sampling data are available, CLB may authorize
a lower minimum. For reports required by this chapter and 40 CFR 403.12(e)
and (h), the user shall collect the number of grab samples necessary
to assess and assure compliance with applicable pretreatment standards
and requirements.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
Reports shall be deemed to have been submitted on the date postmarked.
For reports that are not mailed or delivered with postage prepaid,
the date of receipt of the report shall govern.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
All users that have been issued a wastewater discharge permit
shall notify the CLB in advance of any substantial change in the volume
or character of pollutants in their discharge in accordance with 40
CFR 403.12(j).
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
The industrial user shall notify the CLB, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into sewer facilities 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 industrial user discharges more than one hundred kilograms of such waste per calendar month to sewerage facilities, the notification shall also contain the following information to the extent such information is known and readily available to the industrial 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 months. All notifications must take place no later than one hundred eighty days after a discharge to sewerage facilities commences. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 17.30.362 of this chapter and as listed in 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Sections 17.30.354, 17.30.356 and 17.30.357 of this chapter and as listed in 40 CFR 403.12(b), (d), and (e).
(b)
Dischargers are exempt from the requirements of subsection (a) during a calendar month in which they discharge no more than fifteen 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 kilograms of non-acute 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 industrial 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 industrial user must notify the
CLB, the EPA Regional Waste Management Waste Division Director, and
state hazardous waste authorities of the discharge of such substance
within ninety days of the effective date of such regulations.
(d)
In the case of any notification made under this section, the industrial
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 section does not create a right to discharge any substance not
otherwise permitted to be discharged by this chapter, a permit issued
thereunder, or any applicable federal or state law.
(Ord. 1598 § 1, 2015)
