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.
If sampling performed by a nondomestic user indicates a violation,
the user shall notify the POTW within 24 hours of becoming aware of
the violation (and shall comply with other applicable requirements
provided by § 28-09.06 regarding repeat sampling and analysis).
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.
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
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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.