Fillmore Municipal Code Ch. 12.13 Industrial Wastewater Monitoring and Reporting

(a) Any industrial user discharging or proposing to discharge industrial wastewater to the sewerage system shall maintain records of its raw materials storage and use, processes, effluent flows, pollutant concentrations and related factors for use in demonstrating compliance with the requirements of the federal or state pretreatment standards. Industrial users shall retain for a minimum of three years any records of monitoring activities and results.

(b) All such records relating to compliance with pretreatment standards shall be made available with the city for inspection and copying by officials of the EPA, the approval authority and the city manager (40 CFR 403.12(o)(2)) (See Section 12.05.030(b)).

(c) The owner or occupant of any premises or facility discharging industrial wastewater into the sewerage system shall install at his sole expense suitable monitoring equipment as may be required under this title to facilitate the accurate observation, sampling and measurement of regulated constituents. The user shall maintain such equipment in proper working order and keep it safe and accessible at all times.

(d) If the city manager requires, or the owner or occupant chooses to install, a flow meter, the flow meter must be calibrated every six months and a photocopy of the calibration must be sent to the city. The calibration must be performed by either the manufacturer or a qualified civil engineer. Flow charts are to be held by the user for at least three years and made available to the city upon request. Totalizer readings shall be recorded daily and a report shall be submitted monthly to the city, showing total daily and total monthly flows.

(e) All industrial users required to sample and analyze their wastewater shall use sampling methods and sampling locations approved by the city manager. For each sample collected and analyzed the user shall maintain a record of:

(1) The date, exact place, method and time of sampling and the names of the person or persons, taking samples;

(2) The dates the analysis was performed;

(3) Who performed the analysis;

(4) The analytical methods used; and

(5) The results of such analysis.

(f) Whether on public or private property, the approved sampling point shall be constructed in accordance with the city's requirements. An industry may request approval from the city for sampling wells, installed prior to the effective date of this title, which meet the design and accessibility requirements for sampling purposes.

(Ord. 625 § 1 (part), 1989)

One or more sampling wells of a design approved by the city manager shall be furnished and installed by every industrial user to facilitate inspection, sampling and flow measurements. The sampling wells shall be located in an accessible location designated by the city manager. Unrestricted access to sampling wells shall be provided to authorized personnel of the city at all times.

(Ord. 625 § 1 (part), 1989)

Compliance determinations shall be made by the city manager with respect to Sections 12.10.020 and 12.10.030 on the basis of either instantaneous grab or composite sampling of the wastewater. Grab samples may be taken by the city manager at any time and at least once per year, for the constituents set forth in the user's industrial wastewater discharge permit. If routine grab or composite sampling reveals noncompliance by the user with the mass emission rates or conditions specified in the user's permit, then the user shall pay to the city fees as specified by ordinance and shall be assessed all other costs incurred during the subsequent evaluation period for sampling and analysis, including labor, equipment, materials and overhead. All analyses shall be performed in accordance with procedures established pursuant to Section 304(g), et seq., of the Act and contained in 40 CFR 136 and amendments thereto.

(Ord. 625 § 1 (part), 1989)

(a) All industrial users required to do so by the city manager shall monitor and report on the quantity and quality of their industrial wastewater discharge. The contents and the frequency at which the reports shall be submitted to the city manager shall be detailed in the user's industrial wastewater discharge permit. The frequency of self-monitoring and reporting for those industrial dischargers not regulated by federal pretreatment regulations shall be based on the following factors:

(1) The effect of the wastewater on the sewerage;

(2) The amount of toxic materials which may pass through the treatment plant;

(3) The quantity, nature and type of the industrial wastewater discharge; and

(4) The extent to which the discharge could contribute to violation of the NPDES permit.

(b) All reports submitted by the industrial user shall be signed by an authorized representative of the user.

(c) Self-monitoring reports shall be subject to the provision of 18 U.S.C. Section 1001 relating to false statements and fraud and the provisions of Section 309(c)(2) of the Act governing false statements.

(d) Each self-monitoring report shall contain the following completed declaration:

I declare under penalty of perjury that the foregoing is true and correct.

Executed on the ___ day of _______ at _____

___________(City, State)

___________(Signature) ___________(Typed Name) ___________(Title)

The following reports are required pursuant to Section 307, et seq., of the Act and the establishment of any pretreatment standards and regulations:

(1) One hundred eighty days after the promulgation of pretreatment standards all existing industries subject to such standards shall submit to the city a report containing:

(A) The name and address of the user,

(B) The location of the discharge,

(C) The nature, average production rate, and standard industrial classification of the operations carried out by the user,

(D) The average and maximum flow of the discharge in millions of gallons per day,

(E) The nature and concentration of pollutants in the discharge from each regulated process and identification of applicable pretreatment standards, the concentration to be reported as a maximum or average, as provided for in pretreatment standards,

(F) A statement reviewed by an authorized representative of the industrial user and certified by a qualified professional indicating whether the pretreatment standards are being met on a consistent basis and, if not, whether improvement in operation and maintenance or additional pretreatment is required for compliance,

(G) If additional pretreatment or operation and maintenance improvements are required, the shortest schedule by which such operation or maintenance improvements or additional pretreatment will be completed, completion to be not later than the compliance date established in the applicable pretreatment standard;

(2) New sources and sources that become industrial users after the promulgation of applicable categorical standards shall be required to submit to the city manager the information listed in (A) through (G) above at least ninety days before commencement of discharge. Within thirty days following the final date of compliance with a pretreatment standard the industrial user subject to pretreatment standards and requirements shall submit a report to the city indicating the nature and concentration of all pollutants regulated by the pretreatment standard and the average and maximum daily flow for the industrial process units. The report shall also state whether pretreatment standards and requirements are being met and, if not, the improvements in the operation and maintenance and the pretreatment process that will be necessary to bring the discharge into compliance;

(3) After the final compliance report for a pretreatment standard, the user shall periodically submit a report to the city indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standard. These reports shall be submitted in June and December of each year unless required more frequently by the city manager.

(Ord. 625 § 1 (part), 1989)