Conditions specified in § 176-6.02K shall apply to any compliance schedule required by the City.
A.
Except as specified in a WDP, all permitted dischargers must, at
a frequency determined by the Director, 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 in the WDP, and the measured or estimated average and maximum
daily flows for the reporting period. In cases where compliance with
a best management practice is required, the discharger must submit
documentation required by permit necessary to determine compliance
status.
B.
The Director may authorize a discharger to forego sampling of a pollutant
if it can be 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 discharger. 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 includes no process
wastewater.
(2)
The monitoring waiver is valid only for the duration of the
effective period of the WDP, but in no case longer than five years.
The discharger must submit a new request for the waiver before the
waiver can be granted for each subsequent WDP.
(3)
In demonstrating that a pollutant is not present, the discharger
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.
(4)
The request for a monitoring waiver must be signed in accordance with and include the certification statement in § 176-9.13 and 40 CFR 403.6(a)(2)(ii).
(5)
Nondetectable sample results may be used only to demonstrate
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 must be included
as a condition in the discharger's permit. The reasons supporting
the waiver and any information submitted by the discharger in its
request for the waiver must be maintained by the Director for three
years after waiver expiration.
(7)
Upon approval of the monitoring waiver and revision of the discharger's
permit by the Director, the discharger must certify on each report
with a statement that there has been no increase in the pollutant
in its waste stream due to the discharger's activities.
(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
discharger's operations, the discharger must immediately notify
the Director and comply with monitoring requirements imposed by the
Director.
C.
Reduced reporting is not available to dischargers that have, in the
last two years, been in noncompliance with any terms or conditions
of a WDP. In addition, reduced reporting is not available to dischargers
with daily flow rates, production levels, or pollutant levels that
vary so significantly that, in the Director's opinion, decreasing
the reporting requirement for the discharger would result in data
that is not representative of conditions occurring during the reporting
period.
Any discharger who experiences an upset in operations which
places the discharger in a temporary state of noncompliance with this
chapter shall inform the City thereof immediately upon first awareness
of the commencement of the upset. Where such information is given
orally, the City employee shall produce a written follow-up report
within five days. The report shall specify:
A.
The description of the upset, the cause thereof and the upset's
impact on a discharger's compliance status;
B.
The duration of noncompliance, including exact dates and times of
noncompliance and, if the noncompliance continues, the time by which
compliance is reasonably expected to occur;
C.
All steps taken or to be taken to reduce, eliminate, and prevent
recurrence of such an upset or other condition of noncompliance. A
documented and verified bona fide operating upset shall be an affirmative
defense to any enforcement action brought by the City against a discharger
for any noncompliance with this chapter, which arises out of violations
alleged to have occurred during the period of the upset.
Each discharger must notify the Director of any significant
changes to the discharger's operations or system which may alter
the nature, quality, or volume of its wastewater at least 14 days
before the change.
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 WRRF, the discharger shall
immediately notify the Director of the incident. This notification
shall include date and time, location of discharge, type of waste,
concentration and volume, if known, and corrective actions taken by
the discharger.
A.
Within five days following such discharge, the discharger shall,
unless waived by the Director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
discharger to prevent similar future occurrences. Such notification
shall not relieve the discharger of any expense, loss, damage, or
other liability which might be incurred because of damage to the WRRF,
natural resources, or any other damage to person or property; nor
shall such notification relieve the discharger of any fines, penalties,
or other liability which may be imposed pursuant to this chapter.
B.
A notice shall be permanently posted on the discharger's bulletin
board or other prominent place advising employees who to call in the
event of a discharge described in this section. Employers shall ensure
that all employees who could cause such a discharge to occur are advised
of the emergency notification procedure.
All dischargers not required to obtain a WDP shall provide appropriate
reports to the Director as the Director may require.
If sampling performed by a discharger indicates a violation,
the Director must be notified within 24 hours of the discharger's
becoming aware of the violation. The discharger shall be required
to repeat sampling in conformance with WDP requirements and conditions.
Unless authorized by Maine Hazardous Waste Management Rules
and thereafter approved by the Director, there shall be no discharge
of hazardous waste to the City's sewers or WRRF.
All pollutant analyses, including sampling techniques, to be
submitted as part of a WDP application or report, shall be performed
in accordance with the techniques prescribed in 40 CFR Part 136 and
amendments thereto. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the
EPA determines that 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 or other parties approved by EPA.
The types of 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, and based on data
that is representative of conditions occurring during the reporting
period.
A.
Except as indicated in Subsections B and C below, the discharger must collect wastewater samples using twenty-four-hour, flow proportional composite sampling techniques, unless the Director authorizes time proportional composite sampling or grab sampling. Where time proportional composite sampling or grab sampling is authorized, 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 Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
B.
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds, if required, must be obtained
using grab collection techniques.
C.
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 may
authorize a lower minimum. For the reports required in a discharger's
WDP or this chapter, the discharger is required to collect the number
of grab samples necessary to assess and assure compliance with applicable
WDP requirements.
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed the date of receipt
of the report shall govern.
A.
All dischargers subject to this chapter shall retain and preserve,
for no less than three years, any records, books, documents, memoranda,
reports, correspondence and any and all summaries thereof relating
to monitoring, sampling and chemical analyses made by or on behalf
of a discharger in connection with its discharge. All records which
pertain to matters which are the subject of enforcement or litigation
activities brought by the City pursuant hereto shall be retained and
preserved by the discharger until all enforcement activities have
concluded and all periods of limitation with respect to any and all
appeals have expired.
B.
Records shall include the date, location, 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 results of such analyses. These records shall
remain available for a period of at least three years. (Reference:
ME DEP Rules, Chapter 528)
A.
Certification of Permit Applications, Discharger Reports, and Initial
Monitoring Waiver.
(1)
The following certification statement is required to be signed
and submitted by dischargers submitting permit applications, dischargers
submitting periodic compliance reports, and dischargers submitting
an initial request to forego sampling of a pollutant. The following
certification statement must be signed by an authorized representative:
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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.
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B.
Certification of pollutants not present.
(1)
Dischargers that have an approved monitoring waiver 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 discharger.
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Based on my inquiry of the person or persons directly
responsible for managing compliance with Wastewater Discharge Permit
issued by the Saco Water Resource Recovery Department, 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
on __________.
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C.
(Reference: ME DEP Rules, Chapter 528)
