All users shall comply with the minimum reporting and notice requirements provided by this article, as follows:
A. 
Baseline monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under Mich Admin Code R 323.2311(2) whichever is later, an existing nondomestic user subject to the categorical pretreatment standards and that currently discharges or is scheduled to discharge to the POTW shall submit a report to the POTW as required by Mich Admin Code R 323.2310(2). At least 90 days prior to commencement of discharge, new sources, and sources that become nondomestic users subsequent to the promulgation of an applicable categorical pretreatment standard shall submit the reports to the POTW as required by Mich Admin Code R 323.2310(2). Any changes to the information required to be submitted by a nondomestic user pursuant to Mich Admin Code R 323.2310(2)(a) through (e) shall be submitted by the user to the POTW within 60 days of when the user becomes aware of the change.
B. 
Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standard or, in the case of a new source, following commencement of the discharge to the POTW, any nondomestic user subject to categorical pretreatment standards and requirements shall submit the reports to the POTW required by Mich Admin Code R 323.2310(3).
C. 
Periodic reports on continued compliance. Any nondomestic user subject to a categorical pretreatment standard, after the compliance date of the categorical pretreatment standard, or, in the case of a new source, after commencement of the discharge into the public sewer or POTW, shall submit the periodic reports to the POTW required by Mich Admin Code R 323.2310(4). These periodic reports shall be submitted at least once every six months (during the months of June and December unless alternate months are approved by the Director), unless required more frequently by the applicable pretreatment standard, by the Director, or by the state. The reports shall include a record of all average and maximum daily flows during the prior six-month reporting period, except that the POTW may require more detailed reporting of flows. All flows shall be reported on the basis of actual measurement unless the POTW agrees, due to cost or nonfeasibility, to accept verifiable estimates of the average and maximum flows estimated using techniques approved by the Director. The combined waste stream formula may be used for reporting purposes after the initial information has been furnished to the POTW, provided there has been no change to the elements composing the combined waste stream. The results of sampling of the discharge and analysis of pollutants appearing in the report shall be cross-referenced to the related flow and mass to determine compliance with National Categorical Pretreatment Standards. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user.
A. 
All nondomestic users not subject to categorical pretreatment standards shall submit to the POTW periodic reports providing information regarding the quality and quantity of wastewater and pollutants discharged into the POTW (including, without limitation, information regarding the nature, concentration (or mass), and flow of the discharge). These reports shall be based on sampling and analysis performed in the period covered by the report in accordance with the sampling, analysis, and monitoring requirements provided by Article 9 of this chapter (except that historical sampling data shall not be used for the periodic compliance reports required by this § 28-08.02).
B. 
For significant industrial users, the reports shall be submitted at least once every six months for the preceding six months (during the months of June and December unless alternate months are specified by the Director), unless required more frequently by the Director.
C. 
If required by the Director for nondomestic users other than significant industrial users, the reports shall be submitted at least once every 12 months for the preceding 12 months (during the month of October unless an alternate month is specified by the Director), unless required more frequently by the Director.
D. 
The reports for all nondomestic users shall be submitted on forms provided by (or in a format required by) the POTW, and shall include, without limitation, the volume of wastewater; the concentration of pollutants; the names of all person(s) responsible for operating and maintaining any pretreatment equipment, pretreatment processes, or responsible for wastewater management at the user's facilities, with a brief description of each person's duties; information regarding materials or substances that may cause interference or pass-through; and any other information deemed necessary by the Director to assess and assure compliance with applicable discharge requirements or to safeguard the operation of the POTW.
All nondomestic users, whether or not subject to categorical pretreatment standards, shall notify the POTW immediately by telephone of all discharges by the user that could cause problems to the POTW, including, without limitation, accidental discharges, slug loadings, discharges of a nonroutine, episodic nature, noncustomary batch discharge, or discharges that exceed a discharge prohibition or limitation provided by this chapter. The notification shall include available information regarding the location of the discharge, its volume, duration, constituents, loading and concentrations, corrective actions taken and required, and other available information as necessary to determine what impact the discharge may have on the POTW. A detailed written report providing the same and any additional available information (including specifying the measures that will be taken by the user to prevent similar future discharges) shall also be provided by the user to be received by the Director within five days of the incident.
A. 
A nondomestic user shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in its discharge, or of any facility expansion, production increase, or process modifications that could result in a substantial change in the volume or character of pollutants in its discharge.
B. 
For purposes of this section, "promptly" means as soon as reasonably possible, but in no event less than 60 days before the change.
C. 
For purposes of this section, "substantial change" includes, without limitation, any of the following:
(1) 
The discharge of any amount of a pollutant not identified in the user's permit application or in the permit issued.
(2) 
An increase in concentration (or degree) of any pollutant that exceeds 10% of the concentration (or degree) for the pollutant as indicated in any report required under § 28-08.01 or 28-08.02.
(3) 
An increase in discharge volume that exceeds 20% of the volume as indicated in any report required under § 28-08.01 or 28-08.02.
(4) 
Any increase in the amount of any hazardous wastes discharged, including, without limitation, the hazardous wastes for which the user has submitted initial notification under § 28-08.06 of this chapter.
(5) 
The discharge of any ground waters purged for a removal or remedial action.
(6) 
The discharge of any pollutants that are present in the discharge due to infiltration.
(7) 
A change in discharge that may convert a nondomestic user into a significant industrial user, or a nondomestic user into a categorical user.
(8) 
A change in discharge that would cause a change in the categorical standards that apply to the user.
D. 
In determining whether to accept any changed discharge, or, if so, under what conditions, the POTW shall evaluate the changed discharge pursuant to the general and specific discharge prohibitions under § 28-06.01 and other applicable provisions of this chapter. The user may be required to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a user permit application.
E. 
No user shall implement the planned changed conditions until and unless the Director or his/her designee has responded to the user's notice.
F. 
This section shall not be construed to authorize a discharge that exceeds a discharge prohibition or limitation provided by this chapter or a permit.
Any nondomestic user that discharges to the POTW a substance that, if disposed of other than by discharge to the POTW, would be a hazardous waste under 40 CFR Part 261 or under the rules promulgated under the state hazardous waste management act (Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL § 324.11101 et seq., as amended) shall notify the Director, the U.S. EPA Region V Waste Management Division Director, and the state hazardous waste authorities of the discharge as required by Mich Admin Code R 323.2310(15).
Within five days after completing installation of new pretreatment facilities, the user shall notify the Director in writing of the time and date when it intends to commence operation of the new facilities, and the identity of the person who will conduct any tests to be performed. The pretreatment facilities shall not be placed in regular operation until adequate tests have been conducted to establish that the discharges will comply with the requirements of this chapter and other applicable laws and regulations. Upon prior written request by the Director, the user shall allow a representative of the POTW to observe the tests at the time they are conducted. The cost of the tests shall be paid by the user.
A. 
At least 60 days before commencing or changing a discharge, each of the following persons shall submit a notice of intent to the POTW for approval by the Director:
(1) 
A person proposing to discharge any nondomestic wastewater not previously reported to the POTW.
(2) 
A person taking possession or control of an existing facility that discharges or may discharge process wastewater into the POTW.
(3) 
A person constructing a new facility that will discharge process wastewater into the POTW.
(4) 
A person commencing or modifying a discharge of hazardous wastes that requires reporting under § 28-08.06.
B. 
The notice of intent shall be submitted in writing on a form provided by the Director and shall be accompanied by a payment of any fees established by the City. It shall include sufficient information to allow the Director to evaluate the effect of the proposed discharge on the POTW and operations and to assure compliance with this chapter.
Users shall comply with all other reporting or notice requirements as provided by this chapter, by any notice, order or permit issued under this chapter, or as required by any other applicable law or regulation, including, without limitation, the reporting and notice requirements in connection with accidental discharge (Article 10), upset (Article 11), bypass (Article 12), and any other reports or notice requirements determined necessary by the Director to assess and assure compliance with the requirements of this chapter.
All reports, notifications, and applications submitted by a user to the POTW as required by this chapter (or by any order, permit or determination issued or made pursuant to this chapter) shall meet the following requirements:
A. 
All reports, notifications, applications and requests for information required by this chapter shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, notification, application or request. The data shall be representative of conditions occurring during the applicable reporting period. If a pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standard to determine compliance with the standard.
B. 
If a user monitors any pollutant (or measures flow) more frequently than required by this chapter or a user permit, using the monitoring, sampling and analytical procedures as required by § 28-09.01, the results of all such additional monitoring shall be included in any report or notification submitted pursuant to this chapter.
C. 
The Director may require that reports, notifications, and other required documents and data be submitted in a standardized format, as specified by the Director.
D. 
If the POTW, instead of a user, collects all of the information, including flow data, required for a report required by § 28-08.01 or 28-08.02, the Director, in the Director's sole discretion, may waive the requirement that the report be submitted by the user.
E. 
The reports, notifications, and other documents and data required to be submitted or maintained by this chapter shall be subject to all of the provisions as specified by Mich Admin Code R 323.2310(13).
F. 
Written reports, notifications, and applications will be deemed to have been submitted to the POTW, unless otherwise specified by the Director, as follows:
(1) 
If mailed, on the date postmarked.
(2) 
The date of receipt of the report shall govern for reports, notifications, or applications which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, including, but not limited to, reports, notifications, or applications that are hand-delivered, faxed, or emailed.
(3) 
Written reports, notifications, and applications may be submitted to the POTW by fax or email (or by any means other than mail or hand-delivery) only with the prior approval of the POTW on a case-by-case basis. The report or notification shall be sent to the fax number or email address specified by the Director.
G. 
All written reports, notifications, and applications submitted by mail or hand-delivery shall be sent or delivered to the address stated in the user permit, or if there is no user permit, then to the following address:
City of Kalamazoo Water Reclamation Plant
1415 Harrison Street
Kalamazoo, MI 49007
Attn: Director
H. 
If notice by telephone or fax is required or otherwise authorized by the Director, such notice shall be made to the telephone and/or fax numbers specified by the Director in the user's user permit, as appropriate. Required oral emergency or accidental spill or slug notifications shall not be left on voicemail or sent by email.
I. 
Failure to provide the reports, notifications, and applications required by this chapter constitutes an independent violation of this chapter. However, compliance with applicable reporting and notification requirements shall not relieve a user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report or notification relieve a user of any fines, penalties, or other liability that may be imposed by applicable laws or regulations. Further, the reporting and notification requirements required by this chapter shall not be construed to authorize a discharge that exceeds a discharge prohibition or limitation under this chapter or other applicable laws or regulations.
All written reports, notifications, and applications required by this chapter shall be signed and certified as follows:
A. 
Required signatures. The reports, notifications, and applications shall be signed by an "authorized representative" of the user as defined in § 28-01.02 of this chapter.
B. 
Required certification. The reports, notifications, and applications shall include the following certification statement:
"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."
C. 
Exception. If the POTW elects to perform instead of the user all or any portion of the sampling or analysis otherwise required for a report or notification, the user will not be required to comply with the certification requirements for the sampling and analysis (or portion thereof) performed by the Director.