A. 
When categorical pretreatment standards for an industry category are published (promulgated), nondomestic users that perform that process and either currently discharge or are scheduled to discharge wastewater from the process to the POTW, must submit a baseline monitoring report to the director. This report must contain the information listed in subsection (C) of this section. The report is due within 180 days after the effective date of a categorical pretreatment standard, unless the final administrative decision on a category determination comes later.
B. 
Nondomestic users that wish to begin discharging wastewater to the POTW from operations subject to categorical pretreatment standards after EPA has published the standards (called new sources), shall submit a baseline monitoring report to the director containing the information listed in subsection (C) of this section. However, for new sources, the report must be provided at least 120 days before desiring to discharge. New sources shall describe the method of pretreatment they intend to use to meet applicable categorical pretreatment standards. Because monitoring data will not be available for proposed facilities, new sources instead must provide estimates of the anticipated flow rates and quantity of pollutants to be discharged.
C. 
The baseline monitoring report shall include the following information:
1. 
All information required in BLMC § 13.14.540(A)(1) through (A)(9).
2. 
Additional conditions for existing sources measuring pollutants.
a. 
Nondomestic users shall take a minimum of three representative sample to compile the data for the baseline monitoring report.
b. 
Nondomestic users shall take samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If the nondomestic user mixes other wastewaters with the regulated wastewater prior to pretreatment, the nondomestic user must provide the flows and concentrations necessary to apply the combined wastestream formula of BLMC § 13.14.310(C) and 40 CFR Part 403.6(e). Where the nondomestic user wants an alternate concentration or mass limit, and it is allowed by federal rules at 40 CFR Part 403.6(e), the user shall propose the adjusted limit and provide supporting data to the director.
c. 
Sampling and analysis shall be performed in accordance with BLMC § 13.14.800, Sample collection, and 13.14.790, Analytical requirements.
d. 
The director may allow the report to use only historical data if the data is good enough to allow the evaluation of whether (and which) industrial pretreatment measures are needed.
e. 
The baseline monitoring report shall indicate the time, date, and place of sampling, methods of analysis. The user shall certify that the sampling and analysis presented is representative of normal work cycles and expected pollutant discharges to the POTW.
3. 
Compliance Certification. A statement, reviewed by the authorized representative of the nondomestic user and certified by a qualified professional experienced in the design, construction, and operation of pretreatment facilities 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 steps are required to meet the pretreatment standards and requirements.
4. 
Compliance Schedule. While new sources must install the treatment required to meet the pretreatment standards prior to operation, existing sources may be granted a compliance schedule where they must provide additional pretreatment and/or O&M to meet the pretreatment standards. In such cases, the nondomestic user shall propose the shortest schedule by which they can provide the additional pretreatment and/or O&M. The completion date which the nondomestic user proposes in this schedule may not be later than the compliance date established for the applicable pretreatment standard. Any compliance schedule authorized pursuant to this section must also meet the requirements set out in BLMC § 13.14.710.
D. 
Signature and Report Certification. All baseline monitoring reports must be certified in accordance with BLMC § 13.14.830(A) and signed by an authorized representative of the user.
(Ord. 1719 § 1 (Exh. A), 2024)
The following conditions shall apply to compliance schedules proposed by existing sources according to BLMC § 13.14.700(C)(4) and incorporated into permits:
A. 
The schedule shall 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 nondomestic 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 shall exceed nine months;
C. 
The nondomestic user shall submit a progress report to the director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
D. 
In no event shall more than nine months elapse between such progress reports to the director.
(Ord. 1719 § 1 (Exh. A), 2024)
Both existing sources and new sources must submit a report on whether compliance has been initially achieved. For existing sources, the report is due 90 days after the date applicable categorical pretreatment standards give as the final compliance date. For a new source, the report is due 90 days after starting to discharge to the POTW.
In both cases, the report must contain the information described in BLMC § 13.14.540(A)(3) through (A)(6). For existing sources, it must also contain the compliance certification of BLMC § 13.14.700(C)(3) and, if needed, the compliance schedule described in BLMC § 13.14.700(C)(4). Nondomestic users subject to equivalent mass or concentration limits, as allowed by BLMC § 13.14.310, must include a reasonable measure of their long term production rate. Other nondomestic users subject to standards based on a unit of production (or other measure of operation) must include their actual production during the sampling period. All compliance reports must be signed and certified in accordance with BLMC § 13.14.830(A).
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
The director may specify the necessary minimum sampling and reporting frequencies and include applicable requirements in permits. Significant industrial users (SIUs) must:
1. 
Report at least twice a year, in June and December unless otherwise specified;
2. 
Report the flows and concentrations for the reporting period of regulated pollutants in all discharges subject to pretreatment standards;
3. 
Report average and maximum daily flows for the reporting period and identify where flow estimates are used; and
4. 
Include the documentation needed to show compliance with applicable BMPs, pollution prevention alternatives, maintenance, treatment, or record keeping requirements.
B. 
Nondomestic users must sign and certify all periodic compliance reports in accordance with BLMC § 13.14.830(A).
C. 
Nondomestic users must take wastewater samples which are representative of their range of discharge conditions and of any discharge not disclosed in their permit application. Nondomestic users must properly operate, clean, and maintain sampling and flow metering facilities and devices and ensure they function properly. The director will not allow nondomestic user claims that sampling results are unrepresentative due to a nondomestic user's failure to meet this requirement, without extenuating circumstances approved by the director.
D. 
Nondomestic users subject to the reporting requirements in this section must report any additional monitoring which might determine compliance with permit requirements. This includes any additional monitoring of regulated pollutant at their respective effluent monitoring locations using procedures prescribed in BLMC § 13.14.800. In such cases, the results of this monitoring shall be included in periodic monitoring reports.
E. 
If a nondomestic user sampled and analyzed more frequently than was required by the director or by this chapter, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.
F. 
Any nondomestic user subject to equivalent mass or concentration limits established by the director or by unit production limits specified in the applicable categorical pretreatment standards, shall report production data as outlined in BLMC § 13.14.310(E).
G. 
Zero discharge nondomestic users shall submit periodic reports as required by the director stating that no industrial wastewater has been discharged to the POTW.
H. 
If the director calculated limits to factor out dilution flows or nonregulated flows, the nondomestic user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.
I. 
Flows shall be reported on the basis of actual measurement; however, the director may accept reports of average and maximum flows estimated by verifiable techniques if the director determines that an actual measurement is not feasible.
J. 
The director may authorize a categorical industrial user to forego sampling of a pollutant regulated by a categorical pretreatment standard when it is not present in raw wastewater; provided, that:
1. 
The CIU submits a request for the waiver with their permit application or reapplication;
2. 
The CIU analyzes a sample (or samples) representative of all wastewater from all processes before any treatment and includes all results with the request;
3. 
The CIU demonstrates through source water and untreated process water sample results that the pollutant never exceeds intake water levels (pollutants simply reduced by treatment to background levels are ineligible for the waiver);
4. 
The CIU shows, where nondetectable sample results are returned as provided in subsection (B) or (C) of this section, that they used the method from 40 CFR Part 136 with the lowest detection level;
5. 
The authorized representative of the user signs the request using the certification statement;
6. 
The CIU includes in routine monitoring reports, a statement certifying that there has been no increase in the pollutant in its wastestream due to activities of the industrial user; and
7. 
The CIU reports and immediately resumes the monitoring, which would otherwise have been required upon discovering that a waived pollutant is present or expected to be present based on changes to the user's operations.
K. 
The director will document the reasons supporting the waiver in the permit fact sheet, and keep any information submitted by the nondomestic user and the fact sheet for three years after the waiver expires. Monitoring waivers are valid after being incorporated in a nondomestic user's permit. The waiver is in effect while the permit is effective. The director may cancel a monitoring waiver at any time for cause.
(Ord. 1719 § 1 (Exh. A), 2024)
Each nondomestic user must notify the director of any substantial changes to the nondomestic user's operations or system which might alter the nature, quality, or volume of its wastewater. This notification must be made at least 30 days before the desired change and be sent to the director. In such cases:
A. 
The director may require the user to submit any information needed to evaluate the changed condition. The director may also require a new or revised wastewater discharge permit application under BLMC § 13.14.540; and
B. 
The director may issue, reissue, or modify a wastewater discharge permit applying the procedures of Article VI of this chapter in response to a user's notice under this section.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
Any nondomestic user which has any unusual discharge that could cause problems to the POTW must immediately notify the director by telephone of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the nondomestic user to control and curtail the discharge. Such discharges may include spills, slug loads, accidental discharges, or other discharges of a nonroutine, episodic nature. Problems to the POTW which require reporting under this section include violating pretreatment requirements, pretreatment standards, or other requirements of Article III of this chapter such as vapor toxicity and explosivity limits.
B. 
Within five days following such discharge, the nondomestic user shall 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. Such notification shall not relieve the nondomestic user of any expense, loss, damage, or other liability which may 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 nondomestic user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
C. 
Nondomestic users required to submit an accidental discharge/slug discharge control plan (per BLMC § 13.14.420) shall post notice in a prominent location advising employees who to call at the POTW to inform the director of a potential problem discharge (subsection (A) of this section). Nondomestic users shall ensure that all employees who may cause or witness such a discharge are advised of the emergency notification procedures.
D. 
All nondomestic users must immediately notify the director of any changes at their facility which might increase their potential for a slug discharge. This includes increasing the volume of materials stored or located on site which, if discharged to the POTW, would cause problems. Nondomestic users required to prepare an accidental discharge/slug discharge control plan under BLMC § 13.14.420 shall also modify their plans to include the new conditions prior to, or immediately after making such changes.
(Ord. 1719 § 1 (Exh. A), 2024)
All nondomestic users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require. This may include, but not be limited to, periodically completing, and signing nondomestic user screening forms, monitoring reports, and reports regarding compliance with best management practices.
(Ord. 1719 § 1 (Exh. A), 2024; Ord. 1725 § 9, 2024)
If sampling performed by a nondomestic user indicates a violation, the user must notify the director within 24 hours of becoming aware of the violation. The nondomestic user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation. The director may waive the repeat sampling requirement where the control authority or contributing jurisdiction has sampled the effluent for the pollutant in question prior to the nondomestic user obtaining sampling results.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
Any nondomestic user that proposes to discharge any volume of hazardous waste as defined in 40 CFR 261 (listed or characteristic wastes) or dangerous waste as defined Chapter 173-303 WAC, or any facility that proposes to discharge any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), is required to provide a request in writing to the director. Discharging such waste without the director's approval as provided herein is prohibited. The request shall be provided with the initial wastewater discharge approval application and repeated with each subsequent reapplication.
B. 
Any nondomestic user who discharges any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, or Chapter 173-303 WAC must also comply with the following requirements:
1. 
Notify the director, the EPA Region 10 Office of Air, Waste, and Toxics Director, and state hazardous waste authorities, in writing, of the discharge. Maintain a copy of this notification and include it in all subsequent permit applications or reapplications under this chapter.
2. 
Include the following information in the notification:
a. 
The name of the hazardous waste as found in 40 CFR Part 261;
b. 
The EPA hazardous waste number; and
c. 
The type of discharge (continuous, batch, or other).
3. 
If the discharge totals more than 220 pounds of hazardous waste in any month, also provide:
a. 
The hazardous constituents contained in the wastes;
b. 
An estimate of the mass and concentration of hazardous constituents in the wastestream discharged during that calendar month; and
c. 
An estimate of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
4. 
This notice shall be repeated for new or increased discharges of substances subject to this reporting requirement.
5. 
All notifications must take place prior to discharging a substance for which these reporting requirements apply. If this is not possible, the notice must be provided as soon after discharge as practical and describe why prior notice was not possible.
6. 
Nondomestic users must provide notifications under this subsection only once to EPA and the state for each hazardous waste discharged. However, all of the information of these notices shall be repeated in each new permit application submitted under this chapter.
7. 
This requirement does not relieve the nondomestic user from requirements to provide other notifications, such as of changed conditions under BLMC § 13.14.540, or applicable permit conditions, permit application requirements, and prohibitions.
8. 
Pollutants that are reported under the reporting requirements for categorical industrial users in baseline monitoring, final and periodic compliance reports are not subject to the notification requirements in this section.
C. 
Nondomestic users must report all discharges of more than 33 pounds per month of substances which, if otherwise disposed of, would be hazardous wastes. Nondomestic users must also report any discharge of acutely hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e). Subsequent months during which the nondomestic user discharges more of a hazardous waste for which notice has already been provided do not require another notification to EPA or the state but must be reported to the director.
D. 
If new regulations under RCRA describe additional hazardous characteristics or substances as a hazardous waste, the nondomestic user must provide notifications under subsection A of this section, if required by subsection B of this section within 90 days of the effective date of such regulations.
E. 
For any notification made under this section, the nondomestic 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 and shall describe that program and reductions obtained through its implementation.
F. 
This provision 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. 1719 § 1 (Exh. A), 2024)
All pollutant sampling and analyses required under this chapter shall conform to the most current version of 40 CFR Part 136, unless otherwise approved by the director or specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for a pollutant, or the director determines that the 40 CFR Part 136 sampling and analytical techniques are inconsistent with the goal of the sampling, the director may specify an analytical method. If neither case applies, users shall use validated analytical methods or applicable sampling and analytical procedures approved by EPA.
(Ord. 1719 § 1 (Exh. A), 2024)
Nondomestic users must ensure all samples they collect to satisfy sampling requirements under this chapter are representative of the range of conditions occurring during the reporting period. Nondomestic users must also ensure that, when specified, samples are collected during the specific period.
A. 
Nondomestic users must use properly cleaned sample containers appropriate for the sample analysis and sample collection and preservation protocols specified in 40 CFR Part 136 and appropriate EPA guidance.
B. 
Nondomestic users must obtain samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds using grab sample collection techniques.
C. 
For certain pollutants, nondomestic users may composite multiple grab samples taken over a 24-hour period. Nondomestic users may composite grab samples for cyanide, total phenols, and sulfides either in the laboratory or in the field and may composite grab samples for volatile organics and oil and grease in the laboratory prior to analysis.
D. 
For all other pollutants, nondomestic users must employ 24-hour flow-proportional composite samplers unless the director authorizes or requires an alternative sample collection method.
E. 
The director may authorize composite samples for parameters unaffected by the compositing procedures, as appropriate.
F. 
The director may require grab samples either in lieu of or in addition to composite sampling to show compliance with instantaneous discharge limits.
G. 
In all cases, nondomestic users must take care to ensure the samples are representative of their wastewater discharges.
H. 
Nondomestic users sampling to complete baseline monitoring and 90-day compliance reports required by BLMC § 13.14.720 and 13.14.700 must satisfy some specific requirements. These reports require at least four grab samples for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. Nondomestic users may composite samples prior to analysis if allowed in subsection (C) of this section. Where historical sampling data exists; the director may also authorize fewer samples.
I. 
For periodic compliance reports (BLMC § 13.14.730), the director may specify the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
J. 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the director and/or contained in the nondomestic user's wastewater discharge permit. For categorical industrial users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the nondomestic user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other SIUs, for which the director has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standards.
K. 
All sample results shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a nondomestic user sampled and analyzed more frequently than what was required in its wastewater discharge approval, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.
L. 
Where a treated regulated process wastestream is combined prior to treatment with wastewaters other than those generated by the regulated process, the industrial user may monitor either the segregated process wastestream or the combined wastestream for the purpose of determining compliance with applicable pretreatment standards. If the industrial user chooses to monitor the segregated process wastestream, it shall apply the applicable categorical pretreatment standard. If the nondomestic user chooses to monitor the combined wastestream, it shall apply an alternative discharge limit calculated using the combined wastestream formula as provided in 40 CFR 403.6(e). The industrial user may change monitoring points only after receiving approval from the director. The director shall ensure that any change in an industrial user's monitoring point(s) will not allow the user to substitute dilution for adequate treatment to achieve compliance with applicable requirements.
(Ord. 1719 § 1 (Exh. A), 2024)
The director will credit written reports as having been submitted on the date of the postmark when mailed via certified mail through the United States Postal Service. Reports delivered in any other manner will be credited as having been submitted on the business day received.
(Ord. 1719 § 1 (Exh. A), 2024)
Nondomestic users subject to reporting requirements of this chapter shall retain the below records for all monitoring required by this chapter and for any additional monitoring which could be used to satisfy minimum monitoring requirements. Nondomestic users must make these records available for inspection and copying at the location of the discharge. Nondomestic users must similarly maintain documentation associated with any best management practices required under authority of BLMC § 13.14.330(I). Monitoring records shall include at least:
A. 
The time, date, and place of sampling;
B. 
The sampling and preservation methods used;
C. 
The individual taking the sample, and individuals with control of the sample prior to analysis;
D. 
The individual performing the analyses and the date the analysis was completed;
E. 
The analytical techniques or methods used; and
F. 
The results of analysis.
Nondomestic users are encouraged to retain quality control and quality assurance information provided by the laboratory and submit this information in routine reporting. This information also has value in the event that the sample data is called into question. For analytes for which the state requires use of a certified/accredited laboratory, users must maintain the scope of accreditation for laboratories performing any analyses for them.
Nondomestic users shall maintain the above records for the latest of: at least three years, until any litigation concerning the nondomestic user or the control authority is complete, or for longer periods when the nondomestic user has been specifically notified of a longer retention period by the director.
(Ord. 1719 § 1 (Exh. A), 2024)
A. 
The following certification statement must be signed by an authorized representative of the nondomestic user and included when submitting any of the following:
1. 
A permit (re)application in accordance with BLMC § 13.14.550;
2. 
A baseline monitoring report under BLMC § 13.14.700;
3. 
A report on compliance with the categorical pretreatment standard deadlines under BLMC § 13.14.720; or
4. 
A periodic compliance report required by BLMC § 13.14.730(A) through 13.14.730(D).
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.
B. 
Certification of Pollutants Not Present. Nondomestic users that have an approved monitoring waiver based on BLMC § 13.14.730(J) must also include the following certification statement in each report. This statement certifies that there has been no increase in the pollutant in its wastestream due to activities of the nondomestic user:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR ______ [specify applicable National Pretreatment Standard part(s)], 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 wastewater due to the activities at the facility since filing of the last periodic report under BLMC § 13.14.730(A).
(Ord. 1719 § 1 (Exh. A), 2024)