All sample collection and preservation and all measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with EPA acceptable methods as published in the latest version or edition of Title 40, Code of Federal Regulations, Part 136 (and amendments thereto), and shall be determined at the monitoring facility provided, or upon suitable samples taken at said monitoring facility. Phenols shall be as analyzed by wet chemistry methods given in EPA Guidelines and not acid-extractable, semi-volatile phenols.
Each industrial user shall monitor for the requisite parameters according to applicable pretreatment standards and pretreatment requirements, including permits issued by the city under the provisions of this chapter or contractual agreements. In cases of conflicting monitoring requirements, the more stringent thereof shall apply.
If an industrial user monitors any regulated pollutant at the monitoring location(s) set forth in a permit issued by the city more frequently than required by such permit, in accordance with the procedures prescribed by federal regulation 40 CFR Part 403.12(g)(5), the analysis results of such monitoring shall be submitted in a report to the director.
Information submitted to the director or the POTW pursuant to any pretreatment standards and requirements may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or in the case of other submissions, by stamping the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of submission, the director may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in the Title 40, Code of Federal Regulations, Part 2 (Public Information).
Information and data provided to the director or POTW pursuant to this section which are effluent data, permits or permit application forms shall be available to the public without restriction. All other information submitted to the director or POTW shall be available to the public at least to the extent provided by Title 40, Code of Federal Regulations, Part 2 (Public Information). The forms shall be approved by the director and furnished by the city.
All industrial user reports and notifications required under this ordinance and Title 40, Code of Federal Regulations, 403.12, including, but not limited to, Self-Monitoring Reports, Demand Monitoring Reports and reports on compliance with compliance schedules shall include the certification statement as set forth in Section
13.08.410(L) of this chapter, and shall be signed by an authorized company representative in accordance with Section
13.08.040 of this chapter.
Such reporting and notification requirements include, but are not limited to:
A. Baseline Monitoring Reports.
1. Within either one hundred eighty (180) days after 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 shall submit to the director a report which contains the information listed in subsections a. through d., below. At least ninety (90) 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, shall submit to director a report which contains the information listed in subsections (a) through (d), 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.
a. All information required in Section 13.08.320(A)(1), (A)(3), (B)(1), and (E)(1) of this chapter.
b. Measurement of pollutants.
i. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection;
ii. Samples should be taken immediately downstream from pretreatment facilities if such exist 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 the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) 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 shall be submitted to the director;
iii. Sampling and analysis shall be performed in accordance with Section
13.08.320(G) of this chapter.
iv. The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
v. The baseline report 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 to the POTW.
c. Compliance Certification. A statement, reviewed by the user's authorized representative as defined in Section
13.08.040 of this chapter 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) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
d. Compliance Schedule. If additional pretreatment and/or O&M will be required 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 shall 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 forth in Section
13.08.410(B) of this chapter.
e. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.08.410(L)(1) of this chapter and signed by an authorized representative as defined in Section
13.08.040 of this chapter.
B. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 13.08.410(A)(1)(d) of this ordinance:
1. 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 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);
2. No increment referred to above shall exceed nine months;
3. The user shall submit a progress report to the director no later than fourteen (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;
4. In no event shall more than nine months elapse between such progress reports to the director.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW. Any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in Section
13.08.320(E),
(F), and
(G) and Section 13.08.410(A)(1)(b) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall 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 shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 13.08.320(H)(3) of this chapter. All sampling will be done in conformance with Section
13.08.320(G) of this chapter.
D. Periodic Compliance Reports.
1. Except as specified in Section 13.08.410(D)(2), all significant industrial users must, at a frequency determined by the director submit no less than twice per year (June and December), or on dates specified by permit, reports indicating the nature, concentration of pollutants in the discharge which 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 director or the pretreatment standard necessary to determine the compliance status of the user.
2. All periodic compliance reports must be signed and certified in accordance with Section
13.08.320(H) of this ordinance.
E. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall 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 shall not be 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 director, using the procedures prescribed in [Section] 13.08.410 of this chapter, the results of this monitoring shall be included in the report.
G. Reports of Changed Conditions. Each user must notify the director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.
1. The director 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
13.08.320 of this chapter.
2. The director may issue an individual wastewater discharge permit under Section
13.08.320 of this chapter or modify an existing wastewater discharge permit under Section
13.08.410(H) of this chapter in response to changed conditions or anticipated changed conditions.
H. Reports from Unpermitted Users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the director as director may require.
I. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a user indicates a violation, the user must notify director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within thirty (30) 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 lieu of the industrial user. If the city performed the sampling and analysis in lieu of the industrial user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
K. Notification of the Discharge of Hazardous Waste.
1. Any user who commences the discharge of hazardous waste shall notify the POTW. The EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW 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 user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the 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 (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section
13.08.410(H) of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections
13.08.410(A),
(C), and
(D) of this chapter.
2. Dischargers are exempt from the requirements of subsection
1, above, during a calendar month in which they discharge no more than fifteen (15) 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 (15) 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 such quantities of any hazardous waste do not require additional notification.
3. 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 user must notify the director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
4. In the case of any notification made under this section, the 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.
5. 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.
L. Certification of Permit Applications and User Reports.
1. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section
13.08.320 of this chapter; users submitting baseline monitoring reports under Section
13.08.410(A) of this chapter; users submitting reports on compliance with the categorical pretreatment standard deadlines under 13.08.410(C) of this chapter; and users submitting periodic compliance reports required by Section 13.08.410(D)(1) and (2) of this chapter. The following certification statement must be signed by an authorized representative as defined in Section
13.08.040 of this chapter:
"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." |
2. A facility determined to be a non-significant categorical industrial user by the director as defined in Section
13.08.040 of this chapter must annually submit the following certification statement signed in accordance with the signatory requirements in 13.08.320(H) of this ordinance. This certification must accompany an alternative report required by the director:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR __________, I certify that, to the best of my knowledge and belief that during the period from __________, __________ to __________, __________ [months, days, year]: |
(a) | The facility described as __________[facility name] met the definition of a Non-Significant Categorical Industrial User as defined in Section 13.08.040 of the Cranston, RI Sewer Use Ordinance. |
(b) | The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and |
(c) | 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." |
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(Ord. 2013-24, § 1, 7/22/2013; Ord. 2023-24, § 1, 11/27/2023)