Ontario Municipal Code Art. 5 Monitoring, Reporting, Notification and Inspection Requirements

(a) Periodic measurements of flow rates, flow volumes, and wastewater characteristics for compliance with any limitations or requirements specified in the industrial wastewater permit or this chapter shall be performed using appropriate procedures set forth in 40 CFR Part 136 and 403.12(e), 403.12 (g), 403.12(h) and 122.45(c). Analyses of the constituents and characteristics shall be by a state-certified laboratory, and at the sole expense of the permittee.

(b) A user with large fluctuations in quantity or quality of wastewater may be required to provide continuous monitoring for some of the wastewater characteristics.

(c) Routine monitoring and sampling shall be conducted at the City-approved monitoring facility, and during a period of normal business operations and wastewater flows of the user.

(d) Grab and/or composite samples of the industrial wastewater shall be properly obtained, preserved, and analyzed for the specified wastewater constituents by a state-certified laboratory.

(e) All sampling and analysis for the purposes of providing pollutant discharge information to the Administrator in self-monitoring and other reports shall be performed in accordance with the techniques prescribed in the Code of Federal Regulations at 40 CFR Part 136 and amendments thereto.

(f) When 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA Administrator.

(g) When requested by the Administrator or the user, a split sample will be provided to the other party to verify the levels of constituents in the wastewater.

(h) It shall be unlawful, and the user shall be held financially responsible for any damage to, breakage of, or tampering with, any laboratory or City monitoring equipment while it is in use either in, on, or next to the monitoring facility of the user.

(i) The City or IEUA may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this chapter is being met and the user is complying with all requirements. Where a user has security measures in force, the user shall make necessary arrangements so that, upon presentation of suitable identification, personnel from the City, IEUA or laboratory will be permitted to enter without delay for the purpose of performing their specific responsibilities.

(j) The City or IEUA shall have the right to set up on the user's property or other locations as determined by the City, such devices as are necessary to conduct sampling or metering operations.

(k) Results from all samples taken from the designated monitoring point shall be reported to the City.

(l) If sampling by a user indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. Resampling by the user is not required if the City or IEUA performs sampling at the user's facility at least once a month, or if the City or IEUA performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user receives the results of this sampling, or if the City or IEUA has performed the sampling and analysis in lieu of the user.

(m) If a user monitors any pollutant more frequently than required by the City, the results of the monitoring shall be included in the periodic reports on continued compliance.

(n) All laboratory reports shall be accompanied by the corresponding chain-of-custody log. The chain-of-custody shall contain the following information: sample source; date, time and method of sampling and sample preservation; type of container used, sampler identification, results of any field measurement or observation, and any other information related to sample handling.

(o) The reports required in § 6-7.502 below must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Administrator shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and pretreatment requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Administrator. Where time-proportional composite sampling or grab sampling is authorized by the Administrator, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) 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 Administrator, as appropriate.

(p) The City or IEUA may randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The City or IEUA must inspect and sample the effluent from each significant industrial user at least once a year.

(q) The City or IEUA shall investigate instances of noncompliance with pretreatment standards and pretreatment requirements, as indicated in the reports and notices required under § 403.12, or indicated by analysis, inspection, and surveillance activities described in § 6-7.501(p). Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions.

(r) The City shall perform a special investigation for user's with repeated violations of their discharge limit to identify and access the noncompliance problems and the required corrective actions. This inspection includes a comprehensive onsite evaluation of the adequacy of the pretreatment system, and the user's waste management practices, manufacturing processes, and waste generating sources.

(s) The City shall perform a comprehensive inspection prior to the issuance of an initial permit or the renewal of a user wastewater discharge permit. It provides a detailed compliance check as well as information needed to issue an initial permit or to re-evaluate an expiring permit. These inspections include evaluation of the manufacturing process and pretreatment equipment, review of hazardous waste manifests and other disposal documents, compliance evaluation, measurement of industrial wastewater flows, field testing of wastewater, and a review of applicable regulations.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 17, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

The City may require reports for self-monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limitation, or requirements as specified in the user's permit, federal regulations, or this chapter. These reports include:

(a) Solvent management plans as described in § 6-7.503;

(b) Baseline monitoring reports (BMRs) as described in § 6-7.504;

(c) Ninety (90) day compliance reports as described in § 6-7.505;

(d) Compliance schedules; for the purpose of meeting federal, state, and local requirements the following conditions shall apply to the schedule required by 40 CFR 403.12(b)(7):

(1) 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.);

(2) No increment referred to in paragraph (d)(1) of this section shall exceed nine (9) months; and

(3) 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 Administrator 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 Administrator.

(e) Progress reports;

(1) Report on compliance with categorical pretreatment standard deadline. Within ninty (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 industrial user subject to pretreatment standards and pretreatment requirements shall submit to the Administrator a report containing the information described in paragraphs 40 CFR 403(b)(4)-(6). For industrial users subject to equivalent mass or concentration limits established by the Administrator in accordance with the procedures in § 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable 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.

(f) Slug discharge control plans as described in § 6-7.506;

(g) Periodic reports on continued compliance;

(1) All SIUs must, at a frequency determined by the Administrator submit no less than twice per year (July and January) reports indicating the nature, concentration of pollutants in the discharge which 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 best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Administrator or the pretreatment standard necessary to determine the compliance status of the user;

(2) 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.

(3) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Administrator, using the procedures prescribed in 40 CFR Part 136 and amendments thereto, otherwise approved by EPA, or as specified in this permit, the results of such monitoring shall be included in any calculations of actual daily maximum or annual average daily pollutant discharge concentrations, and annual average daily discharge volume, and the results shall be reported in the monitoring report submitted to the City. Such increased monitoring frequency shall also be indicated in the user's self-monitoring report(s).

(4) In addition to the foregoing, the industrial user shall provide all applicable reports described in the Code of Federal Regulations at 40 CFR 403.12, including, but not limited to: compliance schedules for meeting categorical pretreatment standards, compliance schedule progress reports, reports on compliance with categorical pretreatment standard deadlines, and final compliance reports.

(5) All industrial users shall notify the Administrator thirty (30) days in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).

(i) The Administrator 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 per § 6-7.302.

(ii) The Administrator may issue an individual wastewater discharge permit under § 6-7.301 of this chapter or modify an existing wastewater discharge permit under § 6-7.305 of this chapter in response to changed conditions or anticipated changed conditions.

(6) All periodic reports must be signed and certified in accordance with § 6-7.510 of this chapter.

(h) Notification of the discharge of hazardous waste;

(1) The industrial user shall notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the sewerage system and POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must satisfy the requirements set forth at 40 CFR 403.12(p).

(i) Bypass notification;

(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City Administrator and General Manager of IEUA, at least ten (10) days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the City Administrator and General Manager of IEUA of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The City Administrator and General Manager of IEUA may waive the written report on a case-by-case basis of the oral report has been received within twenty-four (24) hours.

(3) Notification provided shall not relieve the user of liability for any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the City or IEUA or any other damage or loss to person or property; nor shall such notifications relieve the user of any fines, penalties, or other liability which may be imposed under this ordinance or other applicable law.

(j) Other reports as required by the City or IEUA.

(1) Quarterly pretreatment program report. A quarterly pretreatment program report is required by the twentieth calendar day following the end of each of the quarterly reporting periods specified in the Agency's waste discharge requirements. Quarterly reports must include at a minimum all self-monitoring data from SIUSs, including any City monitoring data collected for SIU compliance determination, summary of SIU inspection records, and a summary of the City's SIU compliance history.

(2) Annual pretreatment program reports. An annual pretreatment program report is required by the sixtieth calendar day following the end of each annual reporting period specified in the Agency's waste discharge requirements.

(k) The City shall receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in 40 CFR 403.12.

(l) The City shall obtain remedies for noncompliance by any industrial user in accordance with § 6-7.610.

(m) The City shall enforce pretreatment requirements in accordance with § 6-7.610 of this chapter. Such pretreatment requirements include but are not limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the Administrator; any requirements set forth in control mechanisms issued by the Administrator; or any reporting requirements imposed by the City or these regulations in this part.

(n) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the pretreatment facility is reduced, lost or fails.

(o) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of 40 CFR 403.16(c) are met. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset as defined in § 6-7.106(yyyy) shall have the burden of proof.

(1) The industrial user is required to report an upset to the Administrator within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days.

(p) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 18, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

(a) Except where other alternative categorical monitoring requirements apply, a user who is required to monitor for TTO or prohibited organics may submit the following written and signed certification in lieu of monitoring for such toxic and prohibited organics:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for Total Toxic Organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the Wastewaters has occurred since filing the last Discharge monitoring report. I further certify that this facility is implementing the solvent management plan submitted to the City."

In requesting that no monitoring be required, industrial users of POTWs shall submit a total toxic organics/solvent management plan that specifies to the City's satisfaction the toxic and prohibited organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and procedures for assuring that toxic and prohibited organics do not routinely spill or leak into the sewerage system.

(b) An updated SMP shall be submitted by the user with the first monitoring report of the year. The SMP certification statement shall be submitted by the user with each monitoring report during the year.

(c) The user requesting the certification alternative shall monitor for only those toxic and prohibited organic compounds, which would reasonably be expected to be discharged to the public sewer.

(d) The SMP is subject to approval in writing by the Administrator.

(e) Any user with an approved SMP shall still be monitored for compliance with the TTO standard by the City.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

Within either one hundred eighty (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 sewerage system and POTW shall submit to the Administrator a baseline monitoring reports (BMRs), containing information as stipulated in 40 CFR 403.12(b). At least ninety (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 Administrator a baseline monitoring report (BMR), containing information as stipulated in 40 CFR 403.12(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 the information requested in 40 CFR 403.12 paragraphs (b)(4) and (5).

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

Ninety (90) Day Compliance Reports are required of significant industrial users following the date for final compliance with an applicable categorical standard or for new sources, following commencement of wastewater discharge. Ninety (90) Day Compliance Reports must contain information stipulated in 40 CFR 403.12(b)(4-6).

(§ 3, Ord. 2755, eff. April 4, 2002)

Upon written notification by the Administrator, the user shall submit a Slug Discharge Control Plan. The plan shall be updated every two (2) years and shall contain at a minimum, the following:

(a) A description of discharge practices, including non-routine batch discharges;

(b) A description of stored chemicals;

(c) Procedures for immediately notifying the City of any accidental or slug discharge, as required by § 6-7.509; and

(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to; inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment or emergency response.

(§ 3, Ord. 2755, eff. April 4, 2002)

The City of Ontario may require reports for self- monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limitation, or requirements as specified in the user's permit, Federal regulations, or this chapter. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the City and shall be submitted upon request of the City. When applicable, the self-monitoring requirements and frequency of reporting shall be set forth in the user's permit. All sample analyses must follow the requirements set forth in 40 CFR 136. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be at the sole expense of the user. Failure by the user to perform any required monitoring and/or submit monitoring reports required by the City shall be a violation of this chapter, may result in a determination that the user is in significant non-compliance, and be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for any limitations and requirements specified in the user's permit or in this chapter. The user shall be responsible for any and all expenses of the City in undertaking such monitoring analyses and preparation of reports.

(§ 3, Ord. 2755, eff. April 4, 2002)

A user may be required, pursuant to Cal. Water Code § 13263.3, to implement a pollution prevention plan if any of the following apply:

(a) A user is determined to be a chronic violator or the State Board, Regional Board, or the City determines that pollution prevention could assist in achieving compliance;

(b) A user significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Cal. Water Code § 13391.5;

(c) The State Board, a Regional Board, or a POTW determines pollution prevention is necessary to achieve a water quality objective.

(d) A Pollution Prevention Plan shall include all of the following:

(1) An analysis of one (1) or more of the pollutants, as directed by the State Board, a Regional Board, the City, or IEUA, that the user discharges into the sewerage system, a description of the sources of the pollutants, and a comprehensive review of the processes used by the user that result in the generation and discharge of the pollutants;

(2) An analysis of the potential for pollution prevention to reduce the generation of the pollutants, including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods;

(3) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques;

(4) A statement of the user's pollution prevention goals and strategies, including priorities for short-term and long-term action;

(5) A description of the user's existing pollution prevention methods;

(6) A statement that the user's existing and planned pollution prevention strategies do not constitute media pollution transfers unless clear environmental benefits of such an approach are identified to the satisfaction of the State Board, the Regional Board, the City, or IEUA and information that supports that statement;

(7) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with § 258244.12 of Chapter 6.5 of Division 20 of the Cal. Health & Safety Code) if the user is also subject to that Act;

(8) An analysis, to the extent feasible, of the relative costs and benefits of the possible pollution prevention activities;

(9) A specification of, and rationale for, the technically feasible and economically practicable pollution prevention measures selected by the discharger for implementation.

(e) The State Board, a Regional Board, the City or IEUA may require the user subject to a pollution prevention plan to comply with the pollution prevention plan developed by the user after providing the opportunity for comment at a public proceeding with regard to that plan and also to comply with other requirements of the Clean Water Enforcement and Pollution Prevention Act of 1999.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 19, Ord. 2816, eff. December 1, 2005)

(a) Accidental discharge.

(1) In the event the user is unable to comply with any of the permit conditions due to a breakdown of equipment, accidents caused by human error or acts of God, or the discharge will exceed the discharge limitations in the permit, the user shall notify the City and IEUA by immediately telephoning as soon as the user has knowledge of the incident:

City of Ontario: Utilities (909)395-2678 Monday-Friday 8:00 a.m. to 5:00 p.m.

Fire (909) 983-5911 All other hours.

Inland Empire Utilities Agency: POTW (909) 947-4131 Anytime.

(2) The user shall confirm the notification in writing as soon as possible, but no later than five (5) working days from the telephone notification. Written notification shall state the date of the incident, reasons for the discharge or spill, steps that were taken to immediately correct the problem, and steps being taken to prevent the problem from recurring.

(3) Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the IEUA and/or the City or any other damage or loss to user or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this chapter or other applicable law.

(4) A notice shall be permanently posted on the user's employee bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge, spill or slug loading. Users shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(b) Change to discharge. All users shall notify the City before making substantial changes to their process wastewater discharges. Substantial changes include:

(1) Operational flows, changes of + 20%;

(2) Pollutant loadings, changes of + 20%;

(3) Changes in the characteristics of their process flows;

(4) On-site plumbing; or

(5) Pretreatment procedures and/or facilities. All users shall notify the City a minimum of thirty (30) days prior to any planned changes. Upon notification, the Administrator may require that a new application be filed and a new permit obtained before discharging any waste involving the changed characteristics.

(c) Discontinued discharge.

(1) The user shall notify the Administrator at least ten (10) days prior to discontinuing its industrial wastewater discharge for more than thirty (30) days unless the user can demonstrate to the Administrator that it could not have known of the discontinued discharge.

(2) Within thirty (30) days of the discontinued discharge, the user shall remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities in accordance with all applicable regulations. The contents shall not be discharged to the public sewer without prior written approval from the Administrator.

(3) If the user fails to clean up and remove the contents of its facilities to the satisfaction of the Administrator, such activities and the costs thereof shall also become the responsibility of the owner of the building and/or land.

(4) Failure of the user or the owner to promptly and satisfactorily clean up and remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities shall subject the user and the owner of the building and/or land to any enforcement action authorized in this chapter.

(d) Hazardous waste discharge.

(1) The user shall notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities in writing of any discharge into the sewerage system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.

(2) Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).

(3) If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewerage system, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months.

(4) Any notification under this chapter must be submitted only once for each hazardous waste discharged. Discharges are exempt from the requirements of subsection (a) of this section during a calendar month in which the discharge is no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharges of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(5) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the user must notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(6) In the case of any notification made under this chapter, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes.

(7) The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e).

(e) Bypass. Bypass of industrial wastewater to the City sewerage system is prohibited. The City may take enforcement action against a user, unless the permittee submitted notices as required by § 6-7.509 or met conditions as specified in § 6-7.210.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 19, Ord. 2816, eff. December 1, 2005)

All permit applications and reports required by this chapter under § 6-7.302 and Article 5 or 40 CFR 403.12(1)(1-4) shall be signed by an authorized representative of the user. Any user signing such documents shall make the following certification in writing.

"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."

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) Each user subject to the Federal Pretreatment Requirements, or the provisions of this chapter, shall retain records on-site for all waste and wastewater generated, operation and maintenance logs for pretreatment systems, and industrial wastewater monitoring results for a minimum period of four (4) years. Said records shall be made available for inspection and copying by the Administrator at any time. During the course of litigation regarding the user, the City of Ontario, or IEUA, the period of retention shall be extended until the subject of litigation is resolved.

(b) Information resulting from monitoring activities (including self-monitoring) required by said regulations shall include the following:

(1) Detailed description of the sample location;

(2) Dates and times during which the sample was taken;

(3) Method of sampling used, i.e. grab or composite;

(4) Name of the person who collected the sample;

(5) Date of the analysis;

(6) Identity and address of the laboratory who performed the analysis;

(7) Analytical method used and its detection limit;

(8) Quality control and quality assurance data associated with the batch of samples tested for the parameters analyzed;

(9) Results of the analysis;

(10) Chain-of-custody form; and

(11) Any documentation required with the applicable best management practices.

(c) Hauling records for waste and wastewater generated on-site shall include, at a minimum, the following information:

(1) Volume and a description of the waste hauled;

(2) Date the waste was hauled;

(3) Name and address of the hauler;

(4) Name and address of the facility receiving the waste or wastewater; and

(5) Manifest number.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 20, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)

(a) The Administrator shall maintain a data filing system in compliance with public information and confidentiality records and provide for the proper handling and filing of records and reports for the general administration of the pretreatment program.

(b) Any information in a user's file, which includes, but is not limited to, permits, permit applications, questionnaires, inspection reports and monitoring reports shall be available to the public or other governmental agency without restriction.

(c) Any request for public access to a user's file shall be in writing and shall include:

(1) Date of the review;

(2) Name and title of the reviewer;

(3) Reviewer's business name, address and telephone number;

(4) List of files to be reviewed; and

(5) Reason for review.

(i) A copy of the written request to review a user's file may be sent by the Administrator to such a user. The Administrator may require an observer to be present while any file is being reviewed. The Administrator may also require that the reviewer furnish his or her own copying devices and/or supplies.

(d) If the disclosure of the user's file or a portion thereof would divulge trade secrets or secret processes, the user shall have the right to request that such information be kept confidential. Any such claim must be made at the time of submittal of the information by marking the submittal "confidential business information" on each page containing such information. The Administrator shall not consider any wastewater constituents and characteristics to be confidential information.

(e) Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency bound by the confidentiality requirements of 40 CFR Part 2, for uses related to this chapter, the IEUA NPDES permit, state disposal system permit and/or the pretreatment program, and for use by the state or federal agency in judicial review or enforcement proceedings involving the user.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

Users or occupants of a premises where wastewater is created, conveyed, treated, or discharged shall allow the Administrator, or his or her representatives, having presented proper credentials, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection, sampling, monitoring, reviewing or copying records, photographing, videotaping, or recording during all times that the discharger's facility is open, operating, or any other reasonable time. No user shall interfere with, delay, resist or refuse entrance to authorized City or IEUA personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewerage system.

If the Administrator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as a part of a routine inspection and sampling program designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the Administrator may seek issuance of a search warrant from a court of competent jurisdiction.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 21, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190 , eff. October 7, 2021)