[R.O. 2011 §715.360; Ord. No. 91-43 §6.1, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
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 significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the POTW a report which contains the information listed in Subsection (B) below. At least ninety (90) days prior to commencement of their 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 POTW a report which contains the information listed in Subsection (B) below. A new source shall also be required to report the method of pretreatment 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.
B.
The industrial user shall submit the information required by this
Section including:
1.
Identifying information. The name and address
of the facility including the name of the operator and owners.
2.
Wastewater discharge permits. A list of any
environmental control wastewater discharge permits held by or for
the facility.
3.
Additional environmental permits. A list of
any other environmental permits other than wastewater discharge permits
held by or for the facility.
4.
Description of operations. A brief description
of the nature, average 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
which indicates points of discharge to the POTW from the regulated
processes.
5.
Flow measurement. 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 403.6(e).
6.
Measurement of pollutants.
a.
Identify the categorical pretreatment standards applicable to
each regulated process.
b.
Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the POTW) 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 analyzed in accordance with procedures set out in Article VI.
7.
Certification. A statement reviewed by the
industrial user's authorized representative 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.
8.
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 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 715.220 of this Chapter.
9.
All baseline monitoring reports must be signed and certified in accordance with Section 715.230(B).
[R.O. 2011 §715.370; Ord. No. 91-43 §6.2, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The following conditions shall apply to the schedule required by Section 715.360(B)(7). 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction beginning and conducting routine operation). No increment referred to above shall exceed nine (9) months. The industrial user shall submit a progress report to the Superintendent no later than fourteen (14) days following each date in the schedule and the final 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 industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports.
[R.O. 2011 §715.380; Ord. No. 91-43 §6.3, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in Section 715.360. For industrial 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 industrial users' 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 industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 715.230.
[R.O. 2011 §715.390; Ord. No. 91-43 §6.4, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW shall submit to the Superintendent during the months of January and July for the preceding 6-month period, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 715.230.
B.
If an industrial user subject to the reporting requirement in and of this Section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Section 715.450 of this Chapter the results of this monitoring shall be included in the report.
C.
The submittal of periodic compliance reports shall be accompanied
by a fee of fifty dollars ($50.00).
[R.O. 2011 §715.400; Ord. No. 91-43 §6.5, 12-11-1991;
Ord. No. 2016-38 §1, 10-24-2016]
A.
Each industrial user is required to notify the Superintendent of
any planned significant changes to the industrial user's operations
or system which might alter the nature, quality or volume of its wastewater
at least fourteen (14) days before the change.
1.
The Superintendent may require the industrial 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 715.220.
3.
No industrial user shall implement the planned changed conditions
until and unless the Superintendent has responded to the industrial
user's notice.
4.
For purposes of this requirement flow increases of ten percent
(10%) or greater, and the discharge on any previously unreported pollutants,
shall be deemed significant.
[R.O. 2011 §715.410; Ord. No. 91-43 §6.6, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Each user shall provide protection from accidental discharge of prohibited
materials or slug loadings of other substances regulated by this Chapter.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner or user's own cost
and expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be submitted to the Superintendent
for review, and shall be approved by the Superintendent before construction
of the facility. No user who commences contribution to the POTW after
December 11, 1991, shall be permitted to introduce pollutants into
the system until accidental discharge procedures have been approved
by the Superintendent. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility
to modify the user's facility as necessary to meet the requirements
of this Chapter. In the case of an accidental discharge or slug loading,
it is the responsibility of the user to immediately telephone and
notify the POTW of the incident. The notification shall include location
of discharge, type of waste, concentration and volume, and corrective
action.
B.
Written Notice. Within five (5) days following an
accidental discharge or, slug loading the user shall submit to the
Superintendent a detailed written report describing the cause 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 fines, civil penalties, or other liability which may be imposed
by this Chapter or other applicable law.
C.
Failure to notify the POTW of potential problem discharges shall
be deemed a separate violation of this Chapter.
D.
Notice To Employees. A notice shall be permanently
posted on the user's bulletin board or other prominent place
advising employees whom to call in the event of a dangerous discharge.
Employers shall ensure that all employees who may cause or suffer
such a dangerous discharge to occur are advised of the emergency notification
procedure.
[R.O. 2011 §715.420; Ord. No. 91-43 §6.7, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
All industrial users not subject to categorical pretreatment
standards and not required to obtain a wastewater discharge permit
shall provide appropriate reports to the POTW as the Superintendent
may require.
[R.O. 2011 §715.430; Ord. No. 91-43 §6.8, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
If sampling performed by an industrial user indicates a violation,
the industrial user must notify the Control Authority within twenty-four
(24) hours of becoming aware of the violation. The industrial user
shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Control Authority within thirty (30)
days after becoming aware of the violation. The industrial user is
not required to resample if the POTW performs monitoring at the industrial
user's at least once a month, or if the POTW performs sampling
between the industrial user's initial sampling and when the industrial
user receives the results of this sampling.
B.
If the POTW is collecting samples on behalf of the user, resampling
within thirty (30) days after becoming aware of a violation must be
pursuant to 403.12(g)(12).
[R.O. 2011 §715.440; Ord. No. 91-43 §6.9, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Any industrial 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 type of discharge (continuous, batch, or other). If the industrial user discharges more than ten (10) 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 and constituents in the wastestream expected to be discharged during the following twelve (12) months. All notification must take place no later than one hundred 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 discharges must be submitted under Section 715.400 above. The notification requirement in this Section does not apply to pollutants already reported under the self monitoring requirements of Sections 715.360, 715.380 and 715.390 above.
B.
Dischargers are exempt from the requirements of Subsection (A) of this Section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous waste, 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 non-acute hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33 (e), requires a one (1) time 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 industrial user must notify the
POTW, the EPA Regional Waste Management Waste Division Director, and
State hazardous waste authority of the discharge of such substance
within ninety (90) days of the effective date of such regulations.
D.
In the case of any notification made under 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 determined
to be economically practical.
[R.O. 2011 §715.450; Ord. No. 91-43 §6.10, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
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, unless CFR 136 does not contain sampling or analytical techniques
for the pollutant in question, sampling and analyses must be performed
in accordance with procedures approved by the EPA.
B.
All pollutant analyses results will be reported to the Superintendent.
If multiple samples are collected all samples will be reported. Failure
to include all results, such as those over discharge limits, will
be considered a falsification of records.
[R.O. 2011 §715.460; Ord. No. 91-43 §6.11, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
All samples shall be collected in such a manner as to be representative
of normal work cycles and expected effluents.
B.
Except as indicated in Subsection (C) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
C.
Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity,
sulfides, and volatile organic chemicals must be obtained using grab
collection techniques.
[R.O. 2011 §715.470; Ord. No. 91-43 §6.12, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The Superintendent may use a grab sample(s) to determine non-compliance
with pretreatment standards.
[R.O. 2011 §715.480; Ord. No. 91-43 §6.13, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
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 U.S. Postal Service, the date
of receipt of the report shall govern.
[R.O. 2011 §715.490; Ord. No. 91-43 §6.14, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
Industrial users shall retain, and make available for inspection
and copying, all records and information required to be retained under
this Chapter. These records shall remain available for a period of
at least three (3) years. This period shall be automatically extended
for the duration of any litigation concerning compliance with this
Chapter, or where the industrial user has been specifically notified
of a longer retention period by the Superintendent.
