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 significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall submit to the PSA 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 industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the PSA a report which contains the information listed in Subsection B below. A new source shall also 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.
The industrial user shall submit the information required by this section, including:
Identifying information: the name and address of the facility, including the name of the operator and owners.
Wastewater discharge permits: a list of any environmental control wastewater discharge permits held by or for the facility.
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 shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
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 waste stream formula set out in 40 CFR 403.6(e).
Measurement of pollutants:
The identity of the categorical pretreatment standards applicable to each regulated process.
The results of sampling and analyses identifying the nature and concentration (and/or mass, where required by the standard or by the PSA) of regulated pollutants in the discharge from each regulated process including instantaneous, daily maximum and long-term average concentrations (or mass, where required). The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 73-58.
Certification: a statement reviewed by the industrial user's authorized representative and certified by a qualified professional engineer, 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.
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.
The following conditions shall apply to the schedule required by § 73-49. 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 and beginning and conducting routine operations). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Executive Director no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not the industrial user 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 months elapse between such progress reports to the Executive Director.
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 industrial user subject to such pretreatment standards and requirements shall submit to the PSA a report containing the information described in § 73-49. 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 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 industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 73-39.
Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Executive Director, but in no case less than twice per year (in June and December), submit a report specifying the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and 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 § 73-39.
All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
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 § 73-57 of this chapter, the results of this monitoring shall be included in the report.
All industrial users shall promptly notify the POTW in advance of any new or increased discharge. The PSA may deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its VPDES permit.
Each industrial user shall notify the Executive Director 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 30 days before the change.
The Executive Director 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 § 73-38.
No industrial user shall implement the planned changed condition(s) until and unless the Executive Director has responded to the industrial user's notice.
For purposes of this requirement, flow increases of 10% or greater and the discharge of any previously unreported pollutants shall be deemed significant and reportable hereunder.
In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in § 73-12 of this chapter), the industrial user shall immediately telephone and notify the PSA of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
Within five days following such discharge, the industrial user shall, unless waived by the Executive Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may 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 industrial user of any fines, civil penalties or other liability which may be imposed by this chapter.
The user's failure to notify the PSA of potential problem discharges shall be deemed a separate violation of this chapter.
A notice shall be permanently posted on the industrial user's bulletin board or other prominent place, advising employees whom to call in the event of a discharge described in Subsection A above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the PSA as the Executive Director may require.
If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within 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 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 facility at least once a month or if the POTW performs sampling between the time of the industrial user's initial sampling and the industrial user's receipt of the results of this sampling.
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 the type of discharge (continuous, batch or other). If the industrial user discharges more than 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 estimate of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimate 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 needs to be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 73-53 above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirement of §§ 73-49, 73-51 and 73-52 above.
Dischargers are exempt form the requirements of Subsection A of this section 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 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.
In the case of any new regulations pursuant to Section 3001 of the 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 authorities of the discharge of such substance within 90 days of the effective date of such regulations.
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.
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 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, sampling and analyses must be performed in accordance with procedure approved by the EPA.
Except as indicated in Subsection B below, the industrial user must collect wastewater samples using flow-proportional composite collection techniques. In the event that flow-proportional sampling is nonfeasible, the Executive Director may authorize the use of time-proportional sampling or through a minimum of four 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.
Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques..
The Executive Director may use a grab sample(s) to determine noncompliance with pretreatment standards.
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.
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 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 Executive Director.
The PSA may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
Wastewater discharge peak rate and volume over a specified time period.
Chemical analyses of wastewaters.
Information on raw materials, processes and products affecting wastewater volume and quality.
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
A plot plan of sewers of the user's property, showing sewer and pretreatment facility location.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the PSA.