(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 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 of Wastewater or his/her designee a report which contains the information listed in Subsection (b) below. At least 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 the Director of Wastewater or his/her designee a report which contains the information listed in Subsection (b) 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.
(b)
Users described above shall submit the information set forth below.
(1)
All information required in Section 71-19(a)(1)a, (a)(2), (a)(3)a, and (a)(6).
(2)
Measurement of pollutants.
a.
The user shall provide the information required in Section 71-19(a)(7)a through d.
b.
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection.
c.
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 control authority.
e.
The Director of Wastewater or his/her designee 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.
f.
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.
(3)
Compliance certification: a statement, reviewed by the user's authorized representative as defined in Section 71-4 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.
(4)
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 out in Section 71-31 of this chapter.
The following conditions shall apply to the compliance schedule required by Section 71-30(b)(4) of this chapter:
(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 of Wastewater
or his/her designee 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
(4)
In no event shall more than nine months elapse between such progress
reports to the Director of Wastewater or his/her designee.
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 POTW, any user subject to such pretreatment standards and requirements shall submit to the Director of Wastewater or his/her designee a report containing the information described in Sections 71-19(a)(6) and (7) and 71-30(b)(2) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 71-6, 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 71-43(a) of this chapter. All sampling will be done in conformance with Section 71-40.
(a)
Except as specified in Subsection (c), all significant industrial users must, at a frequency determined by the Director of Wastewater or his/her designee, submit no less than twice per year (by August 15 for January through June and by February 15 for July through December, unless other dates are specified by the Director of Wastewater) 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 of Wastewater or his/her designee, or the pretreatment standard necessary to determine the compliance status of the user.
[Amended 10-5-2010 by Ord. No. 2010.101]
(b)
The City may authorize an industrial user subject to a categorical
pretreatment standard to forego 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:
(1)
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.
(2)
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 71-19(a)(8).
(3)
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.
(5)
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.
(6)
Any grant of the monitoring waiver by the Director of Wastewater
or his/her designee 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
Director of Wastewater or his/her designee for three years after expiration
of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the Director of Wastewater or his/her designee, the industrial user must certify on each report with the statement in Section 71-43(c) below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8)
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 Subsection (a), or other more frequent monitoring
requirements imposed by the Director of Wastewater or his/her designee,
and notify the Director of Wastewater or his/her designee.
(9)
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
(c)
Reduced reporting.
(1)
The City may reduce the requirement for periodic compliance
reports to a requirement to report no less frequently than once a
year, unless required more frequently in the pretreatment standard
or by the State of Maine, where the industrial user's total categorical
wastewater flow does not exceed any of the following:
a.
Six thousand five hundred gallons is the POTW's value for 0.01%
of the POTW's design dry-weather hydraulic capacity of the POTW, or
5,000 gallons per day, whichever is smaller, as measured by a continuous
effluent flow-monitoring device unless the industrial user discharges
in batches;
b.
Four thousand one hundred twenty pounds is the POTW's value
for 0.01% of the design dry-weather organic treatment capacity of
the POTW; and
c.
The POTW's value for 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 71-8 of this chapter.
[Amended 10-5-2010 by Ord. No. 2010.101].
|
Parameter
|
Allowable Headworks Loading
(pounds)
|
0.01% of Allowable Headworks Load
(pounds)
| |
|---|---|---|---|
|
Ammonia
|
9200.4
|
92.0
| |
|
Arsenic
|
0.62
|
0.0062
| |
|
BOD5
|
303098.1
|
3030.98
| |
|
Cd
|
1.43
|
0.0143
| |
|
Cr(T)
|
32.53
|
0.3253
| |
|
Cu
|
6.65
|
0.0665
| |
|
Total cyanide
|
3.25
|
0.0325
| |
|
Lead
|
3.25
|
0.0325
| |
|
*Mercury (Clean)
|
0.0178
|
0.000178
| |
|
Molybdenum
|
10.21
|
0.1021
| |
|
Nickel
|
29.09
|
0.2909
| |
|
Selenium
|
11.11
|
0.1111
| |
|
Silver
|
6.02
|
0.0602
| |
|
Total suspended solid
|
22329.1
|
223.291
| |
|
Zinc
|
9.76
|
0.0976
|
|
NOTE:
| ||
|---|---|---|
|
*
|
Clean mercury is not a proposed local limit but an investigative
limit only.
| |
(2)
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Article IX of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Director of Wastewater or his/her designee, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(d)
All periodic compliance reports must be signed and certified in accordance with Section 71-43(a) of this chapter.
(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 of Wastewater or his/her designee, using the procedures prescribed in Section 71-40 of this chapter, the results of this monitoring shall be included in the report.
(g)
Users that send electronic (digital) documents to the City of Biddeford,
Maine, to satisfy the requirements of this section must utilize the
reporting templates provided by the City and/or have a written statement
from the IP Coordinator that any submissions in electronic format
other than those provided by the City meet the requirements of the
program. The preferred method of submittal is by PDF format but Word
documents will also be accepted as well as scanned documents.
Each user must notify the Director of Wastewater or his/her
designee of any significant changes to the user's operations or system
which might alter the nature, quality, or volume of its wastewater
at least 90 days before the change.
(a)
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 Director of Wastewater or his/her designee 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.
(b)
Within five days following such discharge, the user shall, unless
waived by the Director of Wastewater or his/her designee, 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 user of any expense, loss,
damage, or other liability which might 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 user of any fines,
penalties, or other liability which may be imposed pursuant to this
chapter.
(c)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection (a) above. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
(d)
Significant industrial users are required to notify the Director
of Wastewater or his/her designee immediately of any changes at its
facility affecting the potential for a slug discharge.
All users not required to obtain an individual wastewater discharge
permit shall provide appropriate reports to the Director of Wastewater
or his/her designee, as the Director of Wastewater or his/her designee,
may require.
If sampling performed by a user indicates a violation, the user
must notify the Director of Wastewater or his/her designee within
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 of Wastewater or his/her designee within 30 days after
becoming aware of the violation. Resampling by the industrial user
is not required if the City of Biddeford, Maine, performs sampling
at the user's facility at least once a month, or if the City of Biddeford,
Maine, performs sampling at the user between the time when the initial
sampling was conducted and the time when the user or the City of Biddeford,
Maine, receives the results of this sampling, or if the City of Biddeford,
Maine, has performed the sampling and analysis in lieu of the industrial
user.
(a)
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 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 waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 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 71-34 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 71-30, 71-32 and 71-33 of this chapter.
(b)
Dischargers are exempt from the requirements of Subsection(a) above
during a calendar month in which they discharge no more than 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 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.
(c)
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
of Wastewater or his her designee, the EPA Regional Waste Management
Waste Division Director, and state hazardous waste authorities of
the discharge of such substance within 90 days of the effective date
of such regulations.
(d)
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.
(e)
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.
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR Part 136 and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the Director of Wastewater or his/her
designee or other parties approved by EPA.
Samples collected to satisfy reporting requirements must be
based on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
(1)
Except as indicated in Subsections (2) and (3) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director of Wastewater or his/her designee. Where time-proportional composite sampling or grab sampling is authorized by the City of Biddeford, Maine, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City of Biddeford, Maine, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(3)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in Sections 71-30 and 71-32 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director of Wastewater or his/her designee, may authorize a lower minimum. For the reports required by Section 71-33 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
Written reports will be deemed to have been submitted on the
date postmarked. For reports, which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 71-8(c). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City of Biddeford, Maine, or where the user has been specifically notified of a longer retention period by the Director of Wastewater or his/her designee.
(a)
Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 71-20; Users submitting baseline monitoring reports under Section 71-30(b)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 71-32; users submitting periodic compliance reports required by Section 71-33(a) through (d); and users submitting an initial request to forego sampling of a pollutant on the basis of Section 71-33(b)(4). The following certification statement must be signed by an authorized representative as defined in Section 71-4.
[Amended 10-5-2010 by Ord. No. 2010.101]
|
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)
Annual certification for nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user by the Director of Wastewater or his/her designee, pursuant to Sections 71-4, definition of "significant industrial user," Subsection (3) and 71-20C must annually submit the following certification statement signed in accordance with the signatory requirements in Section 71-4, the definition of "authorized or duly authorized representative of the user." This certification must accompany an alternative report required by the Director of Wastewater or his/her designee:
|
Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR _______ [specify applicable National Pretreatment Standard
part(s)], I certify that, to the best of my knowledge and belief that
during the period from __________, _____ to __________, _____ [months,
days, year]:
| ||
|
(a)
| ||
|
(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.
| ||
|
| ||
|
| ||
(c)
Certification of pollutants not present. Users that have an approved monitoring waiver based on Section 71-33(b) must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the 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 wastewaters due to the activities at the facility since filing of the last periodic report under Section 71-33(a).
|
