Escondido Municipal Code § 22-187 Discharge reports

(a) The director may require discharge reports, including, but not limited to, questionnaires, technical reports, sampling reports, test analyses, and periodic reports of wastewater discharge. Reporting requirements shall be as specified in the user's wastewater discharge permit. When a report filed by a user pursuant to this section is not adequate in the judgment of the director, the user may be required to supply additional information as deemed necessary by the director.

(b) A discharge report may include, but shall not be limited to, the nature of the process, volume, and rates of wastewater flow; a lab analysis of wastewater samples, elements, constituents, and characteristics of the wastewater; and any information required in an application for a wastewater discharge permit.

(c) All costs associated with preparation of discharge reports, including the costs of wastewater analysis, shall be the responsibility of the user.

(d) Any user subject to national categorical pretreatment standards or pretreatment requirements shall comply with all reporting and recordkeeping requirements in accordance with the general pretreatment regulations for existing sources and new sources of pollution (40 C.F.R. Part 403). All reports specifically set forth in 40 C.F.R. Part 403 shall be required pursuant to this article. These include, but are not limited to:

(1) Baseline monitoring reports.

(A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a subcategory determination under 40 C.F.R. section 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 director a report that contains the information listed in subsection (D)(1)(b). At least 90 days prior to commencement of a discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the director a report that contains the information listed in subsection (d)(1)(B). 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.

(B) Users described in subsection (d)(1)(A) shall submit the following information:

(i) Identifying information. The user shall provide the information required in section 22-177(D)(1);

(ii) Measurement of pollutants. The user shall provide the information required in section 22-177(D)(7), in accordance with the following:

a. All samples and corresponding analyses shall comply with section 22-187-1;

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

c. 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 wastewater is mixed with regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 C.F.R. section 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. section 403.6(e), this adjusted limit, along with supporting data, shall be submitted to the city; and

d. The director may allow the submission of a baseline report that utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(iii) Compliance certification. A statement, reviewed by the authorized representative of the user 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, or additional pretreatment, is required to meet the applicable pretreatment standards;

(iv) Compliance schedule. If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule must meet the requirements set out in subsection (d)(2) of this section;

(v) Environmental permits. A list of any environmental control permits held by or for the facility;

(vi) Description of operations. A brief description of the nature; average rate of production (including each product produced by type, amount, processes, and rate of production); and SIC of the operations carried out by the user. This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes;

(vii) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day (gpd), to the POTW from regulated process streams and other streams, if necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. section 403.6(e);

(2) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule and related progress reports required by this chapter:

(A) The compliance schedule shall contain progress increments, each increment 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 or pretreatment requirements (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 user shall submit a progress report to the director, at least every nine months and no later than 14 days following each date in the compliance schedule and the final date of compliance, which shall include, at a minimum, a description of whether or not the user 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 compliance schedule; and

(3) Periodic compliance reports. The following conditions shall apply to the periodic compliance reports required by this chapter:

(A) All SIUs shall, at a frequency determined by the director, but at least two times per year (in June and December, unless otherwise stated), submit a report indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the user's compliance status.

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

(C) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in section 22-187-1, the results of this monitoring shall be included in the report.

(4) Reports of changed conditions. Each user must notify the director of any planned significant change to the user's operations or system that might alter the nature, quality, or volume of the user's wastewater at least 90 days before the change.

(A) The director may require the user to submit information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application pursuant to section 22-177.

(B) The director may issue a wastewater discharge permit pursuant to section 22-176 or modify an existing wastewater discharge permit pursuant to section 22-180 in response to changed conditions or anticipated changed conditions.

(C) For purposes of this section, significant changes may include, but are not limited to, flow increases of 20% or greater, or the discharge of a pollutant not previously reported.

(5) Reports of potential problems.

(A) In the case of any incident involving a discharge, including, but not limited to, accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharge; or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include providing the director with the caller's name; phone number; location of the discharge; type, concentration, and volume of waste, if known; and any corrective action taken by the user.

(B) Within five days following such discharge, the user 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 user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability that 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 user of any fine, penalty, or other liability that may be imposed pursuant to this article.

(C) 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 discharge described in subsection (d)(5)(A). Employers shall ensure that all employees who have the potential to cause such a discharge to occur are advised of the emergency notification procedure.

(D) SIUs are required to notify the city immediately of any change at its facility affecting the potential for a slug discharge.

(6) Recordkeeping. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with BMPs. Records shall include the date, exact place, method, and time of sampling, and the name of each person taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any applicable litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.

(7) Notification of changed discharge. All industrial users shall promptly notify the director in advance of any substantial change in the volume or character of pollutants in the industrial user's discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under section 22-194.

(8) Reports on compliance with categorical pretreatment standards deadline. 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 user subject to pretreatment standards shall submit to the director a report containing the information described in section 22-177(D). For users subject to equivalent concentration or mass limits established in accordance with the procedures in 40 C.F.R. section 403.6(c), the report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allow-able pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.

(9) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports, including manifests or any other requested information, to the director as the director may require.

(10) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation.

(11) All reports must be certified. Any report or related document required by this section shall be signed and certified in accordance with section 22-187-2.

(e) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports that 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.

(f) SNC. The city shall publish at least annually in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW of industrial users that, at any time during the previous 12 months, were in SNC with applicable pretreatment standards or pretreatment requirements. This procedure shall be as specified in 40 C.F.R. section 403.8(f)(2)(viii).

(Ord. No. 95-8, § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) Analytical requirements. 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 C.F.R. Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where 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 other applicable sampling and analytical procedures approved by the EPA. Non-detectable results may be used only as demonstration that the pollutant is not present if the EPA-approved method from 40 C.F.R. Part 136 with the lowest minimum detection level for the pollutant was used in the analysis.

(b) Sample collection.

(1) Samples collected to satisfy reporting requirements must be based upon 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 period. The city shall indicate the frequency of monitoring necessary to assess and ensure compliance by the user with applicable pretreatment standards and pretreatment requirements. Except as indicated in subsections (b)(2) and (b)(3) of this section, the user must collect wastewater samples using 24 hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows:

(A) For cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field;

(B) For volatile organics and oil and grease, the samples may be composited in the laboratory;

(C) Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the director, as appropriate; and

(D) Grab samples may be required to show compliance with instantaneous limits.

(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab samples.

(3) For sampling required in support of baseline monitoring and 90 day compliance reports required by this article, a minimum of four individual 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 any periodic compliance reports required by this article (40 C.F.R. sections 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and ensure compliance with applicable pretreatment standards and pretreatment requirements.

(Ord. No. 2021-16, § 3, 10-27-21)

(a) Certification of permit applications, user reports, and initial monitoring waiver. The following certification statement shall be signed by an authorized representative of the user and provided to the city at the time of submission of a permit application, report, transfer, waiver, or other document as required by this chapter:

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.

(b) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the director shall annually submit the following certification statement signed by the authorized representative of the user. This certification must accompany an alternative report required by the director:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 C.F.R., I certify that, to the best of my knowledge and belief that during the period from,____________ to ,_ [months, days, year]:

(c) Certification of pollutants not present. Users 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 the user's wastestream due to activities of the user:

(Ord. No. 2021-16, § 3, 10-27-21)