(a) 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Section 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the municipal wastewater system shall submit a report which contains the information listed in subsection (b) of this section. At least 90 days prior to commencement of their discharge, the owners, operators, permittees, and facility managers of new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical pretreatment standard shall submit to the control authority a report which contains the following:
(1) 
The information listed in subsection (b) of this section;
(2) 
The method of pretreatment intended to be used to meet applicable pretreatment standards; and
(3) 
Estimates of anticipated flow and quantity of pollutants to be discharged from regulated process streams and other nonprocess streams.
(b) 
Baseline monitoring reports shall include the following information:
(1) 
All information listed in FMC § 20.30.340(a)(1) through (a)(11); and
(2) 
Measurement of Pollutants.
(A) 
The industrial users shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection;
(B) 
Samples shall be taken immediately downstream from pretreatment facilities if such facilities exist or immediately downstream from the regulated processes if no pretreatment facilities exist. Industrial users shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR Section 403.6(e) if other wastewaters are mixed with the regulated wastewater prior to pretreatment. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority. Both daily maximum and average concentrations (where determined) shall be reported;
(C) 
Sampling and analysis shall be performed in accordance with the sampling techniques described in this chapter and 40 CFR Part 136;
(D) 
The control authority may allow the submission of a baseline monitoring report which uses historical data only, provided the data is sufficient to determine the need for industrial pretreatment measures;
(E) 
The baseline report shall indicate the time, date, and place of sampling, and the methods of analysis. Industrial users shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the municipal wastewater system; and
(F) 
All baseline monitoring reports shall be certified in accordance with FMC § 20.30.350.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
When a compliance schedule is granted by the control authority under FMC § 20.30.410(b)(8), or other provision of this chapter, the following conditions shall apply:
(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 industrial user to meet the applicable pretreatment standard. Such major 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 operations;
(2) 
No increment referred to in subsection (a)(1) of this section shall exceed nine months. The date of final compliance shall not extend beyond the final compliance date established for the applicable pretreatment standard;
(3) 
The industrial user shall submit a progress report to the control authority no later than 14 days following each date in the schedule and the final date for compliance with the schedule. The industrial user shall report, at a minimum, whether or not it timely complied with progress increments to be met on such date and, if not, the date on which it expects to comply with such progress increments, the reason for the delay, and the steps being taken by the industrial user to return to the established schedule; and
(4) 
In no event shall more than nine months elapse between submittal of progress reports to the control authority.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
Existing sources and new sources subject to a categorical pretreatment deadline shall submit a report to the control authority stating whether compliance has been achieved by the deadline date. An existing source shall submit a report within 90 days after the final compliance date established by an applicable pretreatment standard. A new source shall submit a report within 90 days after first discharging wastewater to the municipal wastewater system.
(b) 
Reports submitted by existing sources and new sources under this section shall contain the information described in FMC § 20.30.340(a)(1) through (a)(11), and indicate whether the applicable pretreatment standards are being met on a consistent basis. If the report indicates that the pretreatment standards are not being met on a consistent basis, the report shall state what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards and requirements. Reports submitted under this section shall be certified in accordance with FMC § 20.30.350.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
Any industrial user with an industrial wastewater discharge permit shall submit periodic self-monitoring reports to the control authority at dates specified in its industrial wastewater discharge permit. Such reports shall compile the results of all effluent sampling required by the industrial user's industrial wastewater discharge permit during the previous reporting period. At a minimum, such industrial users shall sample their discharge twice a year unless otherwise specified in the industrial wastewater discharge permit, or by the control authority.
(b) 
The periodic compliance report shall include a record of the nature and concentrations (and mass if specified in the industrial user's industrial wastewater discharge permit) of the pollutants in the effluent, subject to a pretreatment standard, that were measured, including a record of measured or estimated average and maximum daily flows taken at the industrial user's designated sampling location. Flows shall be reported based on an actual measurement. If actual measurements are not feasible, the control authority may allow an industrial user to report average and maximum flows by other techniques that are acceptable to the control authority.
(c) 
The periodic compliance report shall also include monitoring records and any sampling information required by the industrial user's industrial wastewater discharge permit, including information necessary to determine compliance with applicable best management practices, pollution prevention alternatives, maintenance, treatment, and recordkeeping requirements. Production data shall be reported if required by the industrial user's industrial wastewater discharge permit, or when an industrial user is subject to a unit production-based concentration limit established by an applicable categorical pretreatment standard. Sampling and analysis that is conducted by the industrial user at the designated sampling location more frequently than is required by this section shall be included in the report.
(d) 
The control authority may require industrial users to report other sampling and analysis as needed to determine compliance with this chapter.
(e) 
Industrial users shall certify all periodic self-monitoring reports in accordance with FMC § 20.30.350.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
Permitted industrial users shall file a written notification with the control authority a minimum of 30 days prior to any significant change either in the volume or character of pollutants in its discharge, or a change in any manufacturing process or pretreatment modifications that may alter the volume or character of pollutants in its wastewater discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR Section 403.12(p). A significant change shall be a change equal to or greater than 20 percent in the mass of a pollutant or volume of flow discharged to the POTW. For purposes of this subsection, an industrial user becomes aware when it knows, or reasonably should have known, the facts giving rise to a reporting obligation.
(b) 
Permitted industrial users with a permit condition that imposes wastewater concentration limits based on production levels shall notify the control authority in writing within two days of when the industrial user becomes aware that production levels will significantly change during the next calendar month.
(c) 
The control authority may require permitted industrial users to submit information needed to evaluate the changed discharge, including submission of a new or revised industrial wastewater discharge permit application. The control authority may issue, reissue, or modify an industrial user's industrial wastewater discharge permit in response to the notice under this section.
(d) 
Permitted industrial users shall notify the control authority at least 30 days prior to facility shutdown or closure which might alter the character, nature, quality, or volume of its wastewater.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
An industrial user causing a discharge to the POTW that has the potential to cause pass through or interference, including but not limited to discharges of a nonroutine and episodic nature, noncustomary batch discharges, and slug loads, shall, upon first becoming aware of such discharge(s), immediately notify the control authority by telephone of the incident. This notification shall include the location of the discharge, type of waste discharged, concentration, and volume, if known, and any corrective actions taken by the industrial user. For purposes of this subsection, an industrial user becomes aware when it knows, or reasonably should have known, the facts giving rise to a notification obligation.
(b) 
Within five days following a discharge described in subsection (a) of this section, the industrial user shall submit a written report to the control authority describing the causes of the discharge and the actions taken by the industrial user to prevent a recurrence of the discharge. Such report shall also indicate whether the discharge caused violations of any pretreatment prohibition, pretreatment standard, pretreatment requirements, and permit-specific or local limits. Notifications and reports made and submitted under this section shall not relieve the industrial user of any expense, loss, or damage to persons or property, natural resource damages, or other liability, including the assessment of supplemental fees, nor shall such notification or reporting relieve the industrial user from any enforcement action authorized by this chapter.
(c) 
Industrial users shall post a notice in a prominent place at their facility that makes employees aware of the notification obligation in this section. Such notice shall include the point of contact and telephone number to call at the POTW to report a discharge covered by this section.
(d) 
Industrial users shall notify the control authority immediately of any changes at its facility affecting the potential for a slug discharge.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
Each industrial user shall establish protective measures at their facility to avoid and prevent spills and slug discharges of pollutants and prohibited substances to the municipal wastewater system. BMPs to prevent the discharge of spill or slug discharges shall be implemented and maintained at the industrial user's expense.
(b) 
Each industrial user shall report all spills to the control authority that occur within the boundaries of the industrial user's facility whether or not the spill results in a discharge to the municipal wastewater system.
(c) 
The control authority may require any industrial user to prepare and implement a slug discharge control plan (SDCP). The control authority's acceptance of such plan shall not relieve an industrial user from the responsibility to modify its SDCP, as necessary, to meet the requirements of this chapter. SDCPs shall address, at a minimum, the following:
(1) 
A description of all discharge practices, including nonroutine discharge practices;
(2) 
A description of all stored chemicals, disclosing all ingredients in formulations which could violate this chapter if discharged to the municipal wastewater system;
(3) 
A description of potential discharge pathways to the municipal wastewater system;
(4) 
The procedures for ensuring immediate notification to the control authority of any slug discharge; and
(5) 
The procedures to prevent adverse impacts from any slug discharge. Such procedures shall address the inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building or use of existing containment structures or equipment, measures for containing pollutants, and measures and equipment for emergency response.
(d) 
Industrial users shall immediately notify the control authority when a slug discharge to the municipal wastewater system occurs. This notification shall include the location of the discharge, date and time of the discharge, type of substances discharged, the concentration of contaminants, to the extent known, the volume of the discharge, and any corrective actions taken. In addition to enforcement under this chapter, industrial users responsible for a slug discharge shall be liable for all supplemental fees incurred by the control authority caused by and in response to such event.
(e) 
Within five days following a slug discharge, the industrial user shall submit a written report to the control authority describing the cause of the discharge, including any information that has become available to supplement the industrial user's initial notice. The written notice shall also include measures taken by the industrial user to prevent similar events in the future.
(f) 
Industrial users shall review their SDCPs annually, or sooner if a change is made at an industrial user's facility that may require modifications to the SDCP. Modifications to the SDCP shall be submitted to the control authority for review and acceptance.
(g) 
Industrial users subject to this section shall post signs in conspicuous locations on the industrial user's facility notifying employees about the procedures for reporting a slug discharge to the control authority.
(Ord. 1685 § 3 (Exh. A), 2022)
If the control authority deems it reasonably necessary in order to assure compliance with provisions of this chapter, it may require any industrial user to submit an industrial wastewater discharge permit application, questionnaire, a report on BMP implementation, or other reports and notifications authorized by this chapter in a format and time frame as specified by the control authority.
(Ord. 1685 § 3 (Exh. A), 2022)
If sampling and analysis performed by, or on behalf of, an industrial user indicates a violation of this chapter has occurred or is occurring, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. Unless otherwise directed by the control authority, the industrial user shall repeat the sampling and analysis within five days and submit the results to the control authority no later than 30 days after becoming aware of the violation. For purposes of this section, an industrial user becomes aware when it knows, or reasonably should have known, the facts giving rise to a notification obligation.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
Any industrial user shall notify the control authority, in writing, of any discharge into the municipal wastewater system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 or a dangerous waste under Chapter 173-303 WAC. Such notification shall be made within the appropriate time frames specified in FMC § 20.30.650 or within 24 hours of becoming aware of the discharge, whichever is shorter. Such notification shall include:
(1) 
The name of the hazardous waste as set forth at 40 CFR Part 261 or the name of the dangerous waste in Chapter 173-303 WAC;
(2) 
The EPA hazardous waste number;
(3) 
The type of discharge (continuous, batch, or other);
(4) 
An identification of the hazardous constituents contained in the wastes;
(5) 
An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month;
(6) 
An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months;
(7) 
A statement that the industrial user 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
(8) 
Certification as required by FMC § 20.30.350.
(b) 
Any industrial user shall additionally notify the EPA Regional Waste Management Division Manager and the Washington State Department of Ecology, Hazardous Waste and Toxics Reduction program, in writing, of any discharge into the municipal wastewater system of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 or a dangerous waste under Chapter 173-303 WAC and meets the reporting criteria specified at 40 CFR Section 403.12(p). Notification to the state and EPA is the responsibility of the industrial user and shall be made as required under 40 CFR Section 403.12(p). The industrial user shall provide the control authority with copies of all notifications made to the Washington State Department of Ecology and EPA.
(c) 
In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user shall notify the control authority, the EPA Regional Waste Management Waste Division Director and the Washington State Department of Ecology, Hazardous Waste and Toxics Reduction program of the discharge of such substance within 90 days of the effective date of such regulations.
(d) 
The requirements of this section do not create a right or privilege to discharge any substance not otherwise allowed to be discharged by this chapter, a permit issued hereunder, or any applicable federal or state regulation.
(Ord. 1685 § 3 (Exh. A), 2022)
(a) 
Permittees and other persons subject to regulation under this chapter shall timely submit the following to the control authority upon request:
(1) 
Information requested by the control authority to determine whether an industrial wastewater discharge permit or other control mechanism should be issued, modified, revoked, reissued, or terminated, or to determine compliance with such permit, control mechanism, or this chapter; and
(2) 
Copies of any records that are required by its industrial wastewater discharge permit, or other control mechanism, including but not limited to information regarding industrial processes, the nature and characteristics of wastes and wastewaters generated at the industrial facility, and the method of disposal of wastes.
(b) 
Failure to provide information within the time frame specified by the control authority shall be a violation of this chapter.
(Ord. 1685 § 3 (Exh. A), 2022)