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Any user may be required to report the status of their wastewater discharge concerning compliance with the requirements of this chapter. The frequency of the reports and method of submittal shall be determined by the WRD Manager. If a user subject to reporting requirements monitors any pollutant more frequently than required by the WRD Manager, the results of this monitoring shall be included in the required report.

(1) Baseline Monitoring Reports. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the RWRF a report that contains the information listed in subsection (1)(a) of this section. At least 90 days prior to commencement of their discharge, new sources, including existing users that have changed their operation or processes so as to become new sources, shall be required to submit to the RWRF a report that contains the information listed in subsection (1)(a) of this section. A new source shall also be required to report the method it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

(a) The information required by this section includes:

(i) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners, contact information, description of activities, facilities, and plant production processes on the premises;

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

(iii) Description of Operation.

(A) The user shall submit a brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes;

(B) Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(C) Number and type of employees, hours of operation and proposed or actual hours of operation;

(D) Type and amount of raw materials processed (average and maximum per day);

(E) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(iv) Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams as necessary to allow use of the combined wastestream formula set out in 40 CFR Part 403.6(e), as well as time and duration of discharges;

(v) Measurement of Pollutants.

(A) The user shall indicate the location for monitoring all wastes covered by the permit;

(B) The user shall identify the categorical pretreatment standards applicable to each regulated process;

(C) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the WRD Manager or the applicable standards to determine compliance with the standard;

(D) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling technique. Samples may be obtained through time proportional sampling techniques or through four grab samples if the user proves to the satisfaction of the City that such samples will be representative of the discharge;

(vi) Special Certification. A statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operations and maintenance (O&M) and/or additional pretreatment is required in order to meet the pretreatment standards and requirements;

(vii) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule will 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 out in this chapter;

(viii) Signatory Requirement. All baseline monitoring reports must be signed and certified in accordance with the requirements of this chapter.

(2) Compliance Deadline Reports. Within 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 municipal wastewater system, any industrial user subject to such pretreatment standards and requirement shall submit to the RWRF a report containing the information described in Section 11.406 and subsection (1)(a)(v) of this section. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Part 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. All compliance reports must be signed and certified in accordance with Section 11.608.

(3) Periodic Compliance Reports.

(a) All significant industrial users must, at a frequency determined by the WRD Manager, submit no less than twice per year (June and December, or on dates specified) 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 WRD Manager or the pretreatment standard necessary to determine the compliance status of the user.

(b) The City may authorize an industrial user subject to a categorical pretreatment standard to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

(i) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility; provided, that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(ii) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 11.406.

(iii) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

(iv) The request for a monitoring waiver must be signed in accordance with the definition of “authorized representative of the industrial user” in Section 11.104, and include the certification statement in Section 11.608.

(v) Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

(vi) Any grant of the monitoring waiver by the WRD Manager must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the WRD Manager for three years after expiration of the waiver.

(vii) Upon approval of the monitoring waiver and revision of the user’s permit by the WRD Manager, the industrial user must certify on each report, with the statement in Section 11.608, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

(viii) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately comply with the monitoring requirements of this subsection (3), or other more frequent monitoring requirements imposed by the WRD Manager, and notify the WRD Manager.

(ix) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

(c) All periodic compliance reports must be signed and certified in accordance with Section 11.608.

(d) 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.

(e) 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 WRD Manager, using the procedures prescribed in Sections 11.602 and 11.604, the results of this monitoring shall be included in the report.

(4) Compliance Schedules and Progress Reports. If additional pretreatment, monitoring equipment, process control, or equipment modification will be required to meet the pretreatment standards established under this chapter the WRD Manager may require the user to provide progress reports and compliance schedules. The compliance schedule shall be subject to WRD Manager approval or may be established by the WRD Manager at his discretion. The schedule shall define the shortest schedule to provide the required action. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard.

The following conditions shall apply to this schedule:

(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 user to meet the applicable pretreatment requirements. Such events include hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, start up and full operation. Interim dates for major events shall not be more than 90 days apart.

(b) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the WRD Manager including, as 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 user to return the construction to the schedule established. In no event shall more than 90 days elapse between such progress reports to the WRD Manager.

[Replaced Sec. 2 (Exh. A), Ord. No. 2021-13, Feb. 18, 2021.]