14.12.325 Reporting requirements for industrial users

14.12.325 Reporting requirements for industrial users.

A. Baseline Monitoring Reports. Within one hundred eighty days after the effective date of a categorical pretreatment standard, or one hundred eighty days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the city a report which contains the information listed in subsections (A)(1) through (A)(7) of this section. At least ninety days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in subsections (A)(1) through (A)(5) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (A)(4) and (A)(5) of this section.

1. Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners;

2. Permits. The user shall submit a list of any environmental control permits held by or for the facility;

3. Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

4. Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a. Regulated process streams, and

b. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). (See subsection (A)(5)(d) of this section.) The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;

a. The user shall identify the pretreatment standards applicable to each regulated process,

b. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard,

c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection,

d. 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 wastestream formula of 40 CFR 403.6(e) in order 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 city,

e. Sampling and analysis shall be performed in accordance with the techniques specified in Section 14.12.320,

f. The city 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,

g. 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;

6. Certification. The users shall submit a statement, reviewed by an authorized representative of the industrial user (as defined in Section 14.12.250(B) and certified to by a qualified professional) indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and

7. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the user shall submit the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

a. Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by subsection A of this section, the information required by subsections (A)(6) and (A)(7) of this section shall pertain to the modified limits.

b. If the categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsection A of this section, any necessary amendments to the information requested by subsections (A)(6) and (A)(7) of this section shall be submitted by the user to the city within sixty days after the modified limit is approved.

B. Compliance Schedule for Meeting Categorical Pretreatment Standards. The following conditions shall apply to the schedule required by subsection (A)(7) of this section:

1. The schedule shall contain increments of progress 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 categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

2. No increment referred to in subsection (B)(1) of this section shall exceed nine months.

3. Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the city.

C. Report on Compliance With Categorical Pretreatment Standard Deadline. Within ninety 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 industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (A)(4) through (A)(6) of this section. For industrial users subject to equivalent mass or concentration limits established by the city 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 industrial 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.

1. All significant industrial users are required to submit periodic compliance reports even if they have been designated a nonsignificant categorical industrial user under the provisions of Section 14.12.030 of this chapter. All significant industrial users must, at a frequency determined by the city, submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city or the approval authority, a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in subsection (A)(4) of this section except that the city may require more detailed reporting of flows. 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 city or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the above reports are to be submitted.

2. All periodic compliance reports must be signed and certified in accordance with Section 14.12.250(B).

3. 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.

4. 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 city, using procedures prescribed in Section 14.12.320 of this chapter, the results of this monitoring shall be included in the report.

5. Where the city has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(c), the report required by subsection (D)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

6. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), the report required by subsection (D)(1) shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (D)(1) shall include the user’s actual average production rate for the reporting period.

E. Reporting Requirements for Industrial Users not Subject to Categorical Pretreatment Standards. The city shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users shall submit to the city at least once every six months (on dates specified by the city) a description of the nature, concentration, and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. This sampling and analysis may be performed by the city in lieu of the significant non-categorical industrial user. In cases where a local limit or discharge permit requires compliance with a best management practice (or pollution prevention alternative), the user must submit documentation required by the city to determine the compliance status of the user.

F. Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user by the city pursuant to Section 14.12.030 must annually submit the following certification statement signed in accordance with the signatory requirements in Section 14.12.250(B). This certification must accompany an alternative report required by the city.

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 14.12.030;

(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:

________________________________________________________________

G. Notice of Violation/Resampling Requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within twenty-four 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 city within thirty days after becoming aware of the violation, except the industrial user is not required to resample if:

1. The city performs sampling at the industrial user at a frequency of at least once per month; or

2. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling; or

3. The city has performed the sampling and analysis in lieu of the industrial user.

H. Notice of Slug Discharge. In the event a slug discharge occurs, the discharger shall notify the city immediately by phone, followed with a written notification. Said written notification discussing circumstances and remedies shall be submitted to the city within five days of the occurrence.

1. The industrial user shall notify the city, 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 industrial user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial 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 months. All notifications must take place within one hundred eighty days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than one hundred eighty days after the discharge of the listed or characteristic hazardous waste. Any notification under this subdivision need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e), or Section 14.12.325 of this chapter.

2. Dischargers are exempt from the requirements of subsection (I)(1) of this section during a calendar month in which they discharge no more than fifteen 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 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 industrial 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 industrial user shall notify the city, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.

4. In the case of any notification made under subsection I of this section, the industrial 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 been determined to be economically practical.

1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the city 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 user.

2. Significant industrial users are required to notify the city immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 4740 § 1, 2013; Ord. 3667 § 1, 1995)