Article IX — Reporting Requirements

A.

Within either one hundred eighty 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 occurs later, existing categorical industrial users currently discharging to, or scheduled to discharge to, the POTW shall submit to the director a report containing the information listed in subsection C. below.

B.

At least ninety days prior to the commencement of the 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 containing the information listed in subsection C. below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

C.

IUs described above shall submit the information set forth below:

Identifying Information. The IU shall submit the name and address of the facility including the name of the facility operator and owners;

Permits. The IU shall submit a list of any environmental control permits held by or for the facility;

Description of Operations. The IU shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) that it carries out. This description shall include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes;

Flow Measurement. The IU shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a.

Regulated process streams; and

b.

Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;

Measurement of Pollutants:

a.

The IU shall identify the pretreatment standards applicable to each regulated process;

b.

The IU shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the IU or SIU shall submit documentation to determine compliance with the pretreatment standard;

c.

A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The city may waive flow-proportional composite sampling for any IU that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the IU demonstrates that this will provide a representative sample of the effluent being discharged;

d.

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

e.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment facility exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the IU shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the city;

f.

Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the director 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 city or other parties, and approved by the director;

g.

The city 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; and

h.

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;

Compliance Certification. The IUs shall submit a statement, reviewed by an authorized representative of the IU (as defined in Section 14.08.040) and certified to by a qualified professional indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the IU to meet the pretreatment standards and requirements;

Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the IU shall submit the shortest schedule by which it will provide the additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule shall meet the requirements set forth in Section 14.10.480 of this chapter; and

All baseline monitoring reports must be certified in accordance with subection 14.10.610.A. of this chapter and signed by an authorized representative as defined in Section 14.08.040.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

The schedule shall contain progress increments 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 IU to meet applicable pretreatment standards (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.

No single progress increment referred to above shall exceed nine months;

C.

The IU shall submit a progress report to the director no later than fourteen days following each date in the schedule and the final date of compliance, and shall include in the progress report, at a minimum, whether it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps taken by the IU to return to the established schedule; and

D.

In no event shall more than nine months elapse between submissions of such progress reports to the director.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

Within ninety 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 such pretreatment standards and requirements shall submit to the director a report containing the information described in 40 CFR 403.12(d).

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

All SIUs must submit no less than twice per year, in June and December and/or on other dates as specified by the director, reports 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 best management practice or pollution prevention alternative, the SIU must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the SIU. The director may modify the months during which the above reports are to be submitted.

B.

The city may authorize an SIU subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the SIU has demonstrated through sampling and other technical means that the pollutant is neither present in nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the SIU [see 40 CFR 403.12(e)(2)]. This authorization is subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the wastewater discharge permit, but in no case longer than five years. The SIU must submit a new request for the waiver before the waiver can be granted for each subsequent wastewater discharge permit.

In demonstrating that a pollutant is not present, the SIU must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed by an authorized representative as defined in Section 14.08.040, and must include the certification statement in subsection 14.10.610.A.

Non-detectable sample results may be used to demonstrate that a pollutant is not present only if the EPA-approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the director must be included as a condition in the SIU's permit. The reasons supporting the waiver and any information submitted by the SIU in its request for the waiver must be maintained by

the city for three years after expiration of the waiver.

Upon approval of the monitoring waiver and revision of the SIU's permit by the director, the SIU must certify on each report with the statement in subsection 14.10.610.C. that there has been no increase in the pollutant in its wastestream due to activities of the SIU.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the SIU's operations, the SIU must immediately notify the director and comply with the monitoring requirements of subsection 14.10.500.A., or other more frequent monitoring requirements imposed by the director.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standards.

C.

All periodic compliance reports must be signed and certified in accordance with subsection 14.10.610.A. of this chapter.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

All IUs must promptly notify the director in advance of any substantial changes to the IU's operations or system which might alter the nature, quality, or volume of its wastewater.

B.

SIUs are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.

C.

The director may require the user to submit such information as may be deemed necessary to evaluate the changed conditions, including the submission of a permit application under Section 14.10.390.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

Any IU that is not required to obtain a wastewater discharge permit shall provide reports to the director as specified in this article.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

Each IU shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities shall be provided to prevent accidental discharges of prohibited materials and shall be maintained at the IU's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted by the IU when requested, to the city for the city's review, and shall be approved by the director before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the IU from the responsibility to modify its facility as necessary to meet the requirements of this chapter or of any other applicable rule, regulation, order, or ordinance of a governmental authority.

B.

Any direct or indirect connection to the IU's plumbing or drainage system that allows the discharge of waste to the POTW in violation of this chapter shall be eliminated. Where such action is impracticable or unreasonable, as determined by the city, the IU shall appropriately label such entry points to warn about discharge of such wastes.

C.

The director shall evaluate whether each IU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any IU to develop, submit for approval, and implement such a plan or to take such other action necessary to control slug discharges. Alternatively, the director may develop such a plan for any IU. An accidental discharge/slug discharge control plan shall address, at minimum, the following:

Description of discharge practices, including non-routine batch discharges;

Description of stored chemicals; and

Procedures to immediately notify the director of any accidental or slug discharge;

Procedures to prevent adverse impacts 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 for emergency response.

D.

In the case of any discharge that might cause problems for the POTW, including, but not limited to, accidental discharges; discharges of a non-routine, episodic nature; non-customary batch discharges; and slug discharges or loads, the IU shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume (if known), and corrective action taken by the IU.

E.

Within five days following such discharge, the IU shall submit a detailed written report to the director describing the cause(s) of the discharge and the measures to be taken by the IU to prevent similar future occurrences. Such notification shall not relieve the IU of any expense, loss, damage, or other liability which might 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 IU of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

F.

A notice shall be permanently posted on the IU's bulletin board or other prominent place advising employees who could cause such a discharge to occur of the emergency notification procedure.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

Any user who commences the discharge of hazardous waste shall notify the POTW, EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. 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). If the user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification also shall 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; estimate of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimate of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place no later than one hundred eighty days after the discharge commences. Any notification under this subsection need be submitted only once for each individual hazardous waste discharged. However, notifications of changed conditions must be submitted under this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Article IX.

B.

If any new regulations adopted under Section 3001 of RCRA identify additional characteristics of hazardous waste or list any additional substances as hazardous waste, the user must notify the director, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such a substance within ninety days of the effective date of such regulations.

C.

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, by a permit issued thereunder, or by any applicable federal or state law.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

All wastewater samples must be representative of the IU'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 an IU to keep its monitoring facility in good working order shall not be grounds for the IU to claim that sample results are unrepresentative of its discharge.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

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 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 using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by the EPA.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analyses performed during the period covered by the report and be representative of conditions occurring during the reporting period.

B.

Except as indicated in subsections C. and D., below, the IU 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 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 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; and for volatile organics and oil and grease, the samples may be composited in the laboratory. The city may authorize composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

C.

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

D.

For sampling required in support of baseline monitoring reports and ninety-day compliance reports pursuant to Sections 14.10.470 and 14.10.490 [40 CFR 403.12(b) and (d)], a minimum of four 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 do exist, the director may authorize a lower minimum. For the reports required by Section 14.10.500 [40 CFR 403.12(e) and (h)], the IU is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

E.

If an IU subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures set forth in Section 14.10.500, the results of this monitoring shall be included in the report.

F.

All required sampling shall be done at the IU's expense.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

If sampling performed by an IU indicates a violation, the IU must notify the director within twenty-four hours of becoming aware of the violation. The IU shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty days of becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the IU, the city must perform the repeat sampling and analysis unless it notifies the IU of the violation and requires the IU to perform the repeat analysis. Resampling is not required if:

The city performs sampling for the IU at a frequency of at least once per month; or

The city performs sampling for the IU between the time the initial sampling was conducted and the time the IU or the city receives the results of this sampling.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, from a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

Any IUs subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the IU independent of such requirements, and documentation associated with BMPs established under subsection 14.10.070.G. Records shall include the date, exact place, method, time of sampling, the name(s) of the person(s) taking the samples, dates the analyses were performed, name(s) of the person(s) who performed the analyses, a description of the analytical techniques or methods used, and the results of such analyses. These records shall remain available for a period of at least three years or during the pendency of any litigation.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A.

Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by IUs submitting baseline monitoring reports pursuant to Section 14.10.470; SIUs submitting reports in compliance with the categorical pretreatment standard deadlines pursuant to Section 14.10.490; IUs submitting periodic compliance reports required by subsections 14.10.500.A.—C.; and IUs submitting an initial request to forego sampling of a pollutant on the basis of subsection 14.10.500.B. The following certification statement must be signed by an authorized representative as defined in Section 14.08.040:

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 by the director to be a non- significant categorical industrial user pursuant to the definition of significant industrial user in Section 14.08.040 [40 CFR 403.3(v)(2)] must annually submit the following certification statement, signed by an authorized representative as defined in Section 14.08.040:

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, 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 defined in Section 14.08.040 [40 CFR 403.3(v)(2)];

(b)

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

(c)

The facility never discharged more than 100 gallons of total categorical Wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

---

---

C.

Certification of Pollutants Not Present. IUs that have an approved monitoring waiver based on subsection 14.10.500.B. must certify on each report that there has been no increase in the amount of pollutant in its wastestream due to activities of the IU [40 CFR 403.12(e)(2)(v)]. The report shall be signed by an authorized representative as defined in Section 14.08.040 and contain the following statement:

fication of Pollutants Not Present. IUs that have an approved monitoring waiver based on subsection 14.10.500.B. must certify on each report that there has been no increase in the amount of pollutant in its wastestream due to activities of the IU [40 CFR 403.12(e)(2)(v)]. The report shall be signed by an authorized representative as defined in Section 14.08.040 and contain the following statement:

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 the filing of the last periodic report under Section 14.10.500.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

All information and data on an IU obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agencies, unless the IU specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would

divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When the IU furnishing a report requests and demonstrates that such information should be held confidential, the portions of the report that might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction. Information accepted by the city as confidential in accordance with the provisions of 40 CFR Part 2, entitled "Confidentiality of Business Information," shall not be transmitted to the general public by the city until and unless the IU is given prior and adequate notification. Governmental agencies such as the EPA and the state shall have immediate access to all information collected by the city under its source control program.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)