Article X — REGULATION OF DISCHARGE INTO CITY SEWER SYSTEM

Reports of changed conditions. Each user must notify the water utilities director of any significant

changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater, at least thirty (30) days before the change.

A.

The water utilities director may require the 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 section 29.144.5 of this article.

B.

The water utilities director may issue a wastewater discharge permit under section 29.145.6 of this article or modify an existing wastewater discharge permit under section 29.145.3 of this article in response to changed conditions or anticipated changed conditions.

A.

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non- routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the water utilities director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B.

Within five (5) business days following such discharge, the user shall, unless waived by the water utilities 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 fines, penalties, 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 who to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

D.

Significant industrial users are required to notify the water utilities director immediately of any changes at its facility affecting potential for a slug discharge.

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a

violation, the user must notify the water utilities director within twenty-four (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 water utilities director within thirty (30) calendar days after becoming aware of the violation.

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as

part of a wastewater discharge permit application or report shall be performed as 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 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 any other applicable sampling and analytical procedures, including procedures suggested by the water utilities director or other parties approved by EPA.

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 are representative of conditions occurring during the reporting period. The samples should be taken immediately downstream from the user's pretreatment system in accordance with 40 CFR 403. The water utilities director will require the frequency of monitoring necessary to assess and assure compliance by the user with applicable pretreatment standards and requirements.

A.

Except as indicated in subsections B and C below, 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 water utilities director. Where time-proportional composite sampling or grab sampling is authorized by the city, 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 in the field; for volatile organics and oil & 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 city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B.

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

C.

For sampling required in support of baseline monitoring and ninety-day compliance reports required in sections 29.146.1 and 29.146.3 in accordance with 40 CFR 403, 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 water utilities director may authorize a lower minimum. For the reports required by paragraphs section

assess and assure compliance by industrial users with applicable pretreatment standards and requirements in accordance with 40 CFR 403.

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.

Record keeping. 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, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under section 29.134.4. Records shall include the date, sample collector name, description of sampling location, sample collection start date and time, sample collection end date and time, sample type (composite or grab), submission date and time to reference laboratory, name of laboratory, chain of custody forms, results, units, analytical method, method detection limit, name of analyst, date received by laboratory, date analyzed, date reported and quality control data. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the water utilities director.

A.

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with section 29.144.6; users submitting baseline monitoring reports under section 29.144.1B(5) in accordance with 40 CFR 403; users submitting reports on compliance with the categorical pretreatment standard deadlines under section 29.146.3 in accordance with 40 CFR 403; users submitting periodic compliance reports required by section 29.146.4A—F in accordance with 40 CFR 403, and users submitting an initial request to forgo sampling of a pollutant based on section 29.146.4B. The following certification statement must be signed by an authorized representative as defined by section 29.130:

"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 water utilities director in accordance with 40 CFR 403 must annually submit the following certification statement signed by an authorized representative. This certification must accompany any alternative report required by the water utilities director:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ___, I certify that, to the best of my knowledge and belief that during the period from _____, to _____, [months, days, year]:

(a)

The facility described as ___________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 29.130 in accordance with 40 CFR 403;

(b)

The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and

(c)

The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based upon the following information:

Example - describe disposal method of wastes,

---

---

_____ "

C.

Certification of pollutants not present. Users that have an approved monitoring waiver based on section 29.146.4B must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user in accordance with 40 CFR 403.

"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR ___ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Sec. 29.146.4.A."

(Ord. No. 11-OR0603-1, § 3, 8-17-2011)