§ 13-704. Industrial wastewater monitoring and reporting.

(1)

Discharge reports.

(a)

Every significant and major industrial user shall file a periodic discharge report at such intervals as are designated by the city with a minimum requirement of twice a year. The city may require any other industrial user discharging or proposing to discharge into the wastewater system to file these periodic reports.

(b)

A discharge report shall include, but need not be limited to, the following: Nature and process, volume, rates of flow, mass emission concentrations of controlled pollutants, compliance with BMPs, or other information that relates to the generation of waste. These reports may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged. In addition to discharge reports, the city may also require information in the form of annual self-monitoring reports. The following certification statement is also required on each of the monitoring reports.

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.

(c)

Individuals authorized to sign significant industrial user reports include:

(i)

If the user is a corporation; the president, secretary, treasure, or a 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 the manager of one (1) or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations, can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(ii)

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(iii)

If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his documented designee.

(iv)

The individuals described in paragraphs (i) through (iii) may designate a duly authorized representative. 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 the written authorization is submitted to the Control Authority.

(d)

All self-monitoring data shall be submitted. If monitoring of wastewater is done on site for purposes other than the discharge monitoring reports the results shall be included with the discharge monitoring reports.

(2)

Baseline monitoring reports.

(a)

Baseline monitoring reports shall be submitted within one hundred eighty (180) days of decision of a categorical pretreatment standard. Existing industrial users subject to categorical pretreatment standards shall submit a report that includes identifying information, environmental control permits held by or for the facility, description of operation, flow measurement, measurement of pollutants, certification, and a compliance schedule if the facility requires O and M of a pretreatment device to meet the pretreatment standards. New sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall submit a report at least ninety (90) days prior to discharge that includes identifying information, environmental control permits held by or for the facility, description of operation, flow measurement, measurement of pollutants, and a description of pretreatment method that will be used to meet the pretreatment standards.

(3)

Records and monitoring.

(a)

All industrial users who discharge or propose to discharge to the city's wastewater system shall maintain such records of production and related factors, effluent flows, BMPs, and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this chapter and any applicable state or federal pretreatment standards or requirements. Such records shall include the following:

(i)

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.

(ii)

The dates analyses were performed.

(iii)

Who performed the analyses.

(iv)

The analytical techniques/methods use.

(v)

The results of such analyses.

(b)

Such records shall be made available upon the request of the city. All such records relating to compliance with pretreatment standards shall be made available to EPA officials upon demand. A summary of such data, including the industrial user's compliance with this chapter, shall be prepared and submitted to the city annually. All records relating to compliance with pretreatment standards shall be made available to local, state, or federal compliance and enforcement officials upon request. These records shall remain available for a period of at least three (3) years. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the WWF pretreatment program or when requested by the director or the regional administrator.

(c)

The owner or operator of any premises of a facility discharging industrial wastes into the city's system shall install, at his own cost and expense, suitable monitoring equipment and manholes to facilitate the accurate observation, sampling, and measurement of the wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.

(d)

Monitoring equipment shall be located and maintained on the industrial user's premises outside the building. When such a location would be impractical or cause undue hardship on the user, the city may allow the facility to be constructed in the public street or sidewalk area, provided that the public agency having jurisdiction over the street or sidewalk gives approval and that the facility is so located as not to be obstructed by public utilities, landscaping, or parked vehicles.

(e)

When more than one (1) user can discharge into a common sewer, the city may require the installation of separate monitoring equipment for each user. If there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the city may require that separate monitoring facilities be installed for each separate discharge.

(f)

Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the city's requirements and all applicable construction standards and specifications.

(4)

Inspection, sampling, and analysis.

(a)

Sample collection. 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 report.

(i)

Except as indicated in subsections (ii) or (iii), 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 wastewater division manager or his representative. Where time-proportional composite sampling or grab sampling is authorized by the wastewater division manager or his representative, 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 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 wastewater division manager or his representative, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(ii)

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(iii)

For sampling required in support of baseline monitoring and ninety-day compliance reports, if required by the permit, a minimum of four (4) 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 wastewater division manager or his representative may authorize a lower minimum. For the reports required by this section, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(b)

Analysis of wastewater. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with 40 CFR, Part 136, or equivalent methods approved by the EPA and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards of life, limb, and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises are appropriate or whether a grab sample or samples should be taken normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.

(c)

Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to the prohibitions and limitations of section 13-702 shall be done at such intervals as the city may designate. However, significant industrial users are required to report, within twenty-four (24) hours, any noncompliance and have two (2) additional samples taken and analyzed and submitted within thirty (30) days of becoming aware of the violation for those parameters found to be in violation. If the city performed the sampling and analysis in lieu of the industrial user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.

(d)

Representative samples. 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 it monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(5)

Compliance schedule for meeting categorical pretreatment standards.

(a)

The schedule shall contain increments of progress 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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(b)

No increment referred to in subparagraph (a) of this paragraph shall exceed nine (9) months.

(c)

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the control authority.

( Ord. No. 41-2016-17 , § 1, 1-5-17)