A. Within one hundred eighty days after either 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 must submit to the pretreatment coordinator a report that contains the information listed in subsection
B. At least ninety 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, must submit to the pretreatment coordinator a report that contains the information listed in subsection
B. A new source must report the method of pretreatment it intends to use to meet applicable Categorical Standards. A new source also must provide estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users subject to subsection
A of this must provide the following information:
2. Measurement
of Pollutants.
b. The user must take a minimum of one representative sample to compile
the data necessary to comply with the requirements of this paragraph.
c. Samples should be taken immediately downstream from pretreatment
facilities 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 all the
flows and concentrations necessary to allow use of the combined wastestream
formula in 40 CFR 403.6(e) in order 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 must be submitted to the city.
d. Sampling and analysis must be performed in accordance with Section
13.40.410.
e. The pretreatment coordinator may allow the submission of a baseline
report that utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
f. The baseline report must indicate the time, date, and place of sampling,
and methods of analysis, and must certify that such sampling and analysis
is representative of normal work cycles and expected pollutant discharges
to the POTW.
3. Compliance
Certification. A statement, prepared by the user or user's authorized
representative 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 in order 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 must 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
13.40.330.
5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section
13.40.450(A) and signed by an authorized representative as defined in Section
13.40.040.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
The following conditions apply to the compliance schedule required by Section
13.40.320(B)(4):
A. The
schedule must 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);
B. No
increment referred to above may exceed nine months;
C. The
user must submit a progress report to the pretreatment coordinator
no later than fourteen days following each date in the schedule and
the final date of compliance, including, as a minimum, whether or
not the user complied with the increment of progress, the reason for
any delay, and, if applicable, the steps being taken by the user to
return to the established schedule; and
D. No
more than nine months may elapse between these progress reports to
the pretreatment coordinator.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
Within ninety days following the date for final compliance with applicable Categorical Pretreatment Standards, or in the case of a new discharge, following commencement of the introduction of wastewater into the POTW, any user subject to the Categorical Pretreatment Standards and Requirements must submit to the pretreatment coordinator a report containing the information described in Sections
13.40.200(A)(6),
(7), and
13.40.320(B)(2). For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section
13.40.060 the report must 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 must include the user's actual production during each sampling period. All compliance reports must be signed and certified in accordance with Section
13.40.450(A) of this chapter. All sampling will be done in conformance with Section
13.40.420.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
A. Except as specified in subsection
C, at least twice per year prior to June 30 and December 31, all significant industrial users must, submit reports detailing the nature and concentration of pollutants in the discharge that are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a best management practice (BMP) or pollution-prevention alternative, the user must submit documentation required by the pretreatment coordinator or the Pretreatment Standard as required to determine the compliance status of the user. The pretreatment coordinator may increase the frequency of this reporting.
B. The
pretreatment coordinator may authorize an industrial user subject
to a Categorical Pretreatment Standard to forego sampling of a pollutant
if the industrial user has demonstrated that the pollutant is neither
present nor reasonably expected to be present in the discharge, or
is present only at background levels from intake water. This authorization
is subject to the following conditions:
1. The
waiver may be authorized where a pollutant is determined to be present
solely due to sanitary wastewater discharged from the facility, provided
that the sanitary wastewater is not regulated by an applicable Categorical
Standard and otherwise includes no process wastewater.
2. The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five 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
13.40.200(A)(8).
3. In
demonstrating that a pollutant is not present, the industrial user
must provide data from at least one sampling of the facility's process
wastewater, prior to any treatment 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
13.40.040, and include the certification statement in Section
13.40.450(A).
5. Non-detectable
sample results may be used to demonstrate that a pollutant is not
present only 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 pretreatment coordinator must
be included as a condition or addendum in the user's permit. The reasons
supporting the waiver and any information submitted by the user in
its request for the waiver must be maintained by the pretreatment
coordinator for three years after expiration of the waiver.
7. After approval of a monitoring waiver and revision of the user's permit by the pretreatment coordinator, the industrial user must certify on each report, using the statement in Section
13.40.450(C), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user or that the pollutant has been found to be or is expected to be present.
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 subsection
A, or other more frequent monitoring requirements imposed by the pretreatment coordinator, and must notify the pretreatment coordinator.
9. This
provision does not supersede certification processes and requirements
established in Categorical Pretreatment Standards, except as otherwise
specified in the Categorical Pretreatment Standard.
C. The city may reduce the requirement for periodic compliance reports, see Section subsection
A, to a requirement to report no less frequently than once a year, unless required more frequently in the Pretreatment Standard or by the EPA or the state, where the industrial user's total categorical wastewater flow does not exceed any of the following:
1. Two
hundred fifty gallons per day, as measured by a continuous effluent-flow
monitoring device unless the industrial user discharges in batches;
2. Generic
pollutants such as biochemical oxygen demand (BOD5) of 0.14 pounds
per day and total suspended solids (TSS) of 0.24 pounds per day; or
3. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable Categorical Pretreatment Standard for which approved local limits were developed in accordance with Section
13.40.080.
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Article
9 of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the pretreatment coordinator, decreasing the reporting requirement for that industrial user would result in data that are not representative of conditions occurring during the reporting period.
D. All periodic compliance reports must be signed and certified in accordance with Section
13.40.450(A).
E. All
wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities must 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 is not grounds for the user to claim that sample results
are unrepresentative of its discharge.
F. 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 pretreatment coordinator, using the procedures prescribed in Section
13.40.420, the results of that more frequent monitoring must be included in the report.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
Each user must notify the pretreatment coordinator of any significant
changes to the user's operations or system that might alter the nature,
quality or volume of its wastewater at least thirty days before the
change.
A. The pretreatment coordinator 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
13.40.200.
B. The pretreatment coordinator may issue an individual wastewater discharge permit or a general permit under Section
13.40.300 or modify an existing wastewater discharge permit or a general permit under Section
13.40.270 in response to changed conditions or anticipated changed conditions.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a non-routine, episodic nature,
a noncustomary batch discharge, a slug discharge or slug load, that
might cause potential problems for the POTW:
A. The
user must immediately telephone and notify the pretreatment coordinator
of the incident. This notification must include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
B. Within
five days following the discharge, the user must, unless the report
is waived by the pretreatment coordinator, 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. This report
does not relieve the user of any expense, loss, damage, or other liability
that is incurred as a result of damage to the POTW, natural resources,
or any other damage to person or property; nor does the report relieve
the user of any fines, penalties, or other liability that may be imposed
pursuant to this chapter.
C. A notice shall be permanently posted on the user's bulletin board or other prominent place, advising employees who to call in the event of a discharge described in subsection
A. Employers shall ensure that any employee who could cause such a discharge to occur are advised of the emergency notification procedure.
D. Significant
industrial users are required to notify the pretreatment coordinator
immediately of any changes at its facility affecting the potential
for a slug discharge.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
A user who is not required to obtain an individual wastewater
discharge permit or general permit must provide reports to the pretreatment
coordinator that the pretreatment coordinator may require.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
If sampling performed by a user indicates a violation has occurred
in the past, the user must notify the pretreatment coordinator within
twenty-four hours of becoming aware of the violation. The user must
also repeat the sampling and analysis and submit the results of the
repeat analysis to the pretreatment coordinator within thirty 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 the place of
the industrial user.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
A. Any user who commences the discharge of waste that would be a hazardous waste under 40 CFR Part 261 must notify the POTW, the EPA Regional Waste Management Division Director, and the state hazardous-waste authorities, in writing, of that fact. This 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 kilograms of this waste per calendar month to the POTW, the notification must also contain the following information to the extent the information is known and readily available to the user: (1) an identification of the hazardous constituents contained in the wastes; (2) an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and (3) 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 the discharge commences. Any notification under this subsection is required to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section
13.40.360. The notification requirement in this section does not apply to pollutants already reported by users subject to Categorical Pretreatment Standards under the selfmonitoring requirements of Sections
13.40.230,
13.40.340 and
13.40.350.
B. Users are exempt from the requirements of subsection
A, during any 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 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 these quantities of any hazardous waste do not require additional notification.
C. If
new regulations under Section 3001 of RCRA are imposed that identify
additional characteristics of hazardous waste or list any additional
substance as a hazardous waste, a user must notify the pretreatment
coordinator, the EPA Regional Waste Management Waste Division Director,
and state hazardous waste authorities of the discharge of any such
substance within ninety days of the effective date of such regulations.
D. If
notification is made under this section, the user shall certify that
it has a program in place to reduce the volume and toxicity of pollutants
generated to the degree it has determined to be economically practical.
E. This
section does not create a right to discharge any substance.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
All pollutant analyses, including sampling techniques, to be
reported as part of a wastewater discharge permit application or report
must be performed in accordance with the techniques prescribed in
40 CFR Part 136 and amendments thereto, unless alternate techniques
are 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 has determined 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 pretreatment
coordinator.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
Information provided to satisfy reporting requirements must
be based on data obtained through appropriate sampling performed during
the period covered by the report. Samples must be representative of
conditions occurring during the reporting period and subject to the
following:
A. Except as indicated in subsections
B and
C, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the pretreatment coordinator. Where time-proportional composite sampling or grab sampling is authorized by the pretreatment coordinator, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and applicable EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B. Samples
for oil and grease, temperature, pH, cyanide, total phenols, sulfides,
and volatile organic compounds must be obtained using grab sample
techniques.
C. For sampling required in support of baseline monitoring and ninety-day compliance reports required in Sections
13.40.320 and
13.40.340, as referenced 40 CFR 403.12(b) and (d), a minimum of four 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 pretreatment coordinator may authorize a lower minimum. For the reports required by Section
13.40.350, under 40 CFR 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
Written reports are considered 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 governs.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
A. Users subject to the reporting requirements of this chapter must retain and make available for inspection and copying all records of information developed pursuant to any monitoring activities required by this chapter, any additional records of information developed pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section
13.40.080. Records must show with respect to the record:
5. The
name of the person(s) taking the samples;
6. The
dates analyses were performed;
7. Who
performed the analyses;
8. The
analytical techniques or methods used, and the results of such analyses.
B. These
records shall remain available for a minimum period of three years.
This period is automatically extended for the duration of any litigation
concerning the user or the city, or if the user has been specifically
notified of a longer retention period by the pretreatment coordinator.
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)
A. Certification of Permit Applications, User Reports, and Initial Monitoring Waiver. The following certification statement is required to be signed by an authorized representative and submitted by users submitting permit applications in accordance with Section
13.40.380, users submitting baseline monitoring reports under Section
13.40.320(B)(5), users submitting reports on compliance with the Categorical Pretreatment Standard deadlines under Section
13.40.340, users submitting periodic compliance reports required by Section
13.40.350(A) through
(D), and users submitting an initial request to forego sampling of a pollutant on the basis of Section
13.40.350(B)(4).
I certify under penalty of perjury that this document and all
attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations.
B. Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the pretreatment coordinator pursuant to Sections
13.40.040 and
13.40.220(C) must annually submit the following certification statement by an authorized representative. This certification must accompany any alternative report required by the pretreatment coordinator:
Based on my inquiry of the person or persons directly responsible
for managing compliance with the Categorical Pretreatment Standards
under 40 CFR 403 et seq., I certify to the best of my knowledge and
belief that during the period from ____________, ____________, ____________
[months, days, year]:
|
The facility described as ____________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 13.40.040 of the City of Crescent City's Pretreatment Ordinance;
|
The facility complied with all applicable Pretreatment Standards
and requirements during this reporting period; and
|
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:
[Insert pertinent information].
|
C. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section
13.40.350(B) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR 403 et seq., I certify that, to the best of my knowledge and belief, there has been no increase in the level of ____________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section
13.40.350(A).
(Ord. 757 § 6, 2010; Ord. 816 § 4, 2019)