§ 98-53. Periodic compliance reports.

(a)

Baseline monitoring reports (BMRs).

(1)

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 city a baseline monitoring report. 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 city a baseline monitoring report. 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.

(2)

A baseline monitoring report shall include:

a.

The name and address of the facility, including the name of the operator and owner;

b.

Contact information, description of activities, facilities, and plant production processes on the premises;

c.

A list of any environmental control permits held by or for the facility;

d.

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 user, including a schematic process diagram that indicates points of discharge to the POTW from the regulated processes;

e.

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);

f.

A measurement of pollutants, including:

1.

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;

2.

The results of sampling and analysis, performed in compliance with the requirements of paragraph 3 of this subsection, identifying the nature, concentration, and mass, as required by the categorical pretreatment standard or by the city, of regulated pollutants in the discharge from each regulated process;

3.

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required;

4.

Where the categorical pretreatment standard requires compliance with a best management practices or pollution prevention alternative, documentation as required by the city or the applicable categorical pretreatment standard to determine compliance with the standard; and

5.

The time, date, and place of sampling and methods of analysis, and a certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;

g.

A statement, reviewed by the 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) or additional pretreatment is required to meet the pretreatment standards and requirements; and

h.

If additional pretreatment or O&M will be required to meet the pretreatment standards, a compliance schedule meeting the requirements of paragraph 4 of this subsection that sets forth the shortest schedule by which the user will provide such additional pretreatment or O&M must be provided, including a completion date that is not later than the compliance date established for the applicable pretreatment standard;

i.

Signature and report certification. All baseline monitoring reports must be certified in accordance with subsection (e) of this section and signed by an authorized representative as defined in section 98-26.

(3)

Sampling and analysis requirements.

a.

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

b.

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 wastestream 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.

c.

Sampling and analysis 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 if 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 city or other parties approved by EPA.

d.

The city 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;

(4)

Compliance schedule requirements.

a.

The schedule shall contain progress increments, not to exceed nine months, 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);

b.

The schedule shall require a progress report to the city 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

c.

Progress reports shall be required no less frequently than every nine months.

(b)

Ninety-day compliance reports. Within 90 days following the date for final compliance with applicable pretreatment standards in this article or, for a new source, following commencement of the contribution of wastewater into the POTW, any industrial user classified as a regulated categorical standard industry and therefore subject to federal pretreatment standards and requirements shall submit to the control authority a 90-day compliance report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the industrial user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user.

(c)

Periodic compliance reports.

(1)

Regulated categorical standard industries subject to a pretreatment standard after the compliance date of such pretreatment standard or, for new sources, after commencement of the discharge into the POTW shall submit a semiannual compliance report to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, 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 measured or estimated average and maximum daily flows for the reporting period. At the discretion of the city and in consideration of such factors as local high or local low flow rates, holidays, budget cycles, etc. The city may agree to alter the months during which such reports are to be submitted. This report must be signed by an authorized representative of the industrial user.

(2)

Significant industrial users under the jurisdiction of this article are required to fulfill the same reporting requirements as a regulated categorical standard industry.

(d)

Mass limitations. The city may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the required reports shall indicate the mass therein which is limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the approval authority, pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the approval authority. Sampling shall be performed in accordance with the techniques approved by the city.

(e)

Signatory requirements. Signatory requirements for industrial user reports will be required, as stated in 40 CFR 401.12(1). The reports listed in this section shall include a certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed as follows:

(1)

By a responsible corporate officer, if the industrial user submitting the reports required by subsections (a), (b) and (d) of this section is a corporation. For the purpose of this subsection, a responsible corporate officer means: (i) a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

By a general partner or proprietor if the industrial user submitting the reports required by subsections (a), (b) and (d) of this section or 40 CFR 403.12 is a partnership or sole proprietorship respectively.

(3)

By a duly-authorized representative of the individual designated in subsection (e)(1) or (2) of this section if:

a.

The authorization is made in writing by the individual described in subsections (e)(1) or (2) of this section;

b.

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and

c.

The written authorization is submitted to the control authority.

(4)

If an authorization under subsections (e)(1) or (2) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsections (e)(1) or (2) of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

(Ord. No. O-15-11, § I, 4-11-2011)