Chapter MH-5 — REPORTING REQUIREMENTS

Sections:

MH-5-6501 - DISCHARGE REPORTS.

The District may require discharge reports, including, but not limited to, questionnaires, technical reports, sampling reports, and test analyses, and period reports of waste discharge. When a report filed pursuant to

this Section is not adequate in the District's judgment, the District may require the user to supply such additional information as deemed necessary. The discharge report may include, but not be limited to, the nature of the process, volume and rates of wastewater flow; and the elements, constituents, and characteristics of the wastewater; and any information required in an application for a wastewater discharge permit.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6502 - BASELINE MONITORING REPORTS.

(a)

Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard or final administrative decision on a category determination under 40 CFR section 403.6(a)(4), whichever is later, categorical industrial users that discharge or are scheduled to discharge into the POTW shall submit to the District a report that contains the information listed in Subsection MH-5-6502(b) of this Ordinance. 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 District a report that contains the information listed in Subsection MH-5-6502(b). A new source shall report its intended method of pretreatment to meet applicable categorical standards and estimate the anticipated flow and quantity of pollutants that the new source will discharge.

(b)

The users described in Subsection MH-5-6502(a) of this Ordinance shall submit the following information:

(1)

All information required in Subsection MH-5-6404(a), paragraphs (1), (2), and (3)(i).

(2)

Measurement of Pollutants. (A) The user shall provide the information required in Subsection MH-5-6404(a), paragraph (7); (B) The user shall take a minimum of one (1) representative sample to compile the data necessary to comply with the requirements of this paragraph; (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 wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR Section 403.6 (e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit was calculated in accordance with 40 CFR Section 403.6(e), this adjusted limit along with supporting data shall be submitted to the Control Authority; (D) Sampling and analysis shall be performed in accordance with Section MH-5-6511 of this Ordinance; (E) The District may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures; and (F) 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.

(3)

Compliance Certification. A statement reviewed by the duly authorized representative of the user and certified by a qualified professional that indicates whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(4)

Compliance Schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements of Section MH-5-6503 of this Ordinance.

(5)

Signature and Report Certification. A duly authorized representative of the user must sign and certify all baseline monitoring reports in accordance with Section MH-5-6515 of this Ordinance.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6503 - COMPLIANCE SCHEDULE PROGRESS REPORTS.

The following conditions shall apply to the compliance schedule required by Subsection MH-5-6502(b), paragraph 4 of this Ordinance:

(a)

The schedule shall contain progress increments in the form of dates for the commencement and completion of major events that lead to the construction and operation of additional pretreatment required for the user to meet the 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. No progress increment shall exceed nine (9) months;

(b)

The user shall submit a progress report to the District no later than fourteen (14) days following each date in the schedule and the final date of compliance, including as a minimum whether the user complied with the progress increment, the reason for any delay, and where appropriate, the steps being taken by the user to return to the established schedule; and

(c)

In no event shall more than nine (9) months elapse between compliance schedule progress reports to the District.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6504 - REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARDS DEADLINE.

Within ninety (90) days after the date for final compliance with an applicable categorical pretreatment standard, or in the case of a new source, after it commences to introduce wastewater into the POTW, the user shall submit a report that contains the information described in Subsection MH-5-6404(a), paragraphs (6) and (7) and MH-5-6502(b), paragraph (2) of this Ordinance to the District. For users subject to equivalent mass or concentration limits, this 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 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. All compliance reports shall be signed and certified in accordance with Section MH-5-6515 of this Ordinance. All sampling shall be done in conformance with Section MH-5-6512 of this Ordinance.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6505 - PERIODIC COMPLIANCE REPORTS.

(a)

At a frequency determined by the District, all users must submit no less than twice per year (June and December or other dates specified in the applicable wastewater discharge permit) reports that indicate the nature and concentration of pollutants in the discharge limited by pretreatment standards and measured or estimated average and maximum daily flows for the reporting period. Where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the district or the pretreatment standard necessary to determine the user's compliance status.

(b)

All periodic compliance reports must be signed and certified in accordance with Section MH-5-6515 of this Ordinance.

(c)

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.

(d)

If a user subject to these reporting requirements monitors any regulated pollutant at the appropriate sampling location more frequently than required by the District using the procedures prescribed in this Ordinance, the user shall include the results of such monitoring in the report.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6506 - REPORTS OF CHANGED CONDITIONS.

Each user must notify the District of any significant changes to the user's operations or system that might alter the nature, quality, or volume of the user's wastewater at least ninety (90) days before the change will take effect. The District 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 in accordance with this Ordinance. The District may issue or modify a wastewater discharge permit under this Ordinance in response to changed conditions or anticipated changed conditions.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6507 - REPORTS OF POTENTIAL PROBLEMS.

(a)

In the case of any discharge, including, but not limited to, accidental discharges; discharges of a nonroutine, episodic nature; a noncustomary batch discharge; or a slug discharge or slug load that might cause potential problems for the POTW, the user shall immediately telephone and notify the District of the incident. To the extent known, this notification shall include the location of the discharge; type of waste, concentration, and volume; and corrective actions taken by the user.

(b)

Within five (5) days following such discharge, the user shall submit a detailed written report that describes the cause(s) of the discharge and the measures the user will take to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability that might occur as a result of damage to the POTW, natural resources, or any other damage to any person or property. Nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Ordinance. The District may waive this five (5) day notification requirement.

(c)

A user shall permanently post a notice on the user's bulletin board or other prominent place to advise employees who to call in the event of a discharge described in Subsection MH-5-6507(a) of this Ordinance. Users shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.

(d)

Significant industrial users shall notify the District immediately of any changes at the SIU's facility that affect the potential for a slug discharge.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6508 - REPORTS FROM UNPERMITTED USERS.

All users not required to obtain a wastewater discharge permit hereunder shall provide reports to the District as it may require.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6509 - NOTICE OF VIOLATION/ REPEAT SAMPLING AND REPORTING.

(a)

If sampling performed by a user indicates a violation of any applicable standard or limitation, the user must notify the District within twenty-four (24) hours after the user becomes aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the District within thirty (30) days after the user becomes aware of the violation. This Ordinance does not require resampling if the District performs sampling at the user's facility at least once a month or between the time when the initial sampling was conducted and the time when the user or the District receives the results of this sampling or if the District performed the sampling and analysis in lieu of the user.

(b)

The user shall confirm the notification required by Subsection MH-5-6509(a) above in writing no later than five (5) working days after the date of the incident. The written notification shall state the date of the incident, reasons for the discharge or spill, steps already taken to immediately correct the problem, and steps the user will take to prevent the problem from recurring.

(c)

The notification required by Subsection MH-5-6509(a) above shall not relieve the user of any expense, loss, damage, or other liability that may occur as a result of damage or loss to the District or any other damage or loss to person or property. Nor shall such notification relieve the user of any fees or other liability that may be imposed pursuant to this Ordinance or other applicable law.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6510 - NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.

(a)

Any user that commences the discharge of a substance into the POTW that if otherwise disposed of would be a hazardous waste under 40 CFR Part 261 shall so notify the District, EPA Regional Waste Management Division Director, and State hazardous waste authorities. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, EPA hazardous waste number, and type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month into the POTW, the notification also shall contain the following information to the extent known or readily available to the user: An identification of the hazardous constituents contained in the wastes, estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and estimation of the mass of constituents in the wastestream the user expects to discharge during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. The user need submit any such notification only once for each hazardous waste discharged. However, the user must submit any notification of changed conditions in accordance with Section MH-5-6506 of this Ordinance. The notification requirement of this Section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this Ordinance.

(b)

Dischargers are exempt from the requirements of Subsection MH-5-6510(a) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 CFR Sections 261.30 (d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR sections 261.30(d) and 261.33(e) requires one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(c)

In the case of any new regulations under Section 3001 of RCRA that identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, the user must notify the District, EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(d)

In the case of any notification made under Section MH-5-6510, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree the user determined to be economically practical.

(e)

Section MH-5-6510 does not create a right to discharge any substance not otherwise authorized to be discharged by this Ordinance, a wastewater discharge permit, or any applicable federal, State, or local law.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6511 - ANALYTICAL REQUIREMENTS.

All pollutant analyses (including sampling techniques) 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 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 use of validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the District or other parties approved by EPA. Unless the District approves otherwise, a laboratory certified by the State for the specific pollutants and matrices to be analyzed shall perform all analyses.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6512 - SAMPLE COLLECTION.

(a)

Samples collected to satisfy reporting requirements shall be representative of the actual conditions and based on data obtained through appropriate sampling and analysis performed during the reporting period.

The District will indicate the frequency of monitoring necessary to assess and assure the user's compliance with applicable pretreatment standards and requirements.

(b)

Except as indicated in Subsections MH-5-6512 (c) and (d) below, the user shall collect wastewater samples using twenty-four (24) hour flow-proportional composite sampling techniques unless the District authorizes in writing time-proportional composite sampling or grab sampling. Where the District authorizes time- proportional composite sampling or grab sampling, the samples shall be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: (1) For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; and (2) For volatile organics and oil and grease, the samples may be composited in the laboratory. The District may authorize composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies. In addition, the District may require grab samples to show compliance with instantaneous limits.

(c)

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

(d)

For sampling required in support of baseline monitoring and 90-day compliance reports required by Sections MH-5-6502 and MH-5-6504 of this Ordinance, a minimum of four (4) grab samples shall 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 District may authorize a lower minimum. For the reports required by Section MH-5-6505 of this Ordinance, the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements shall be collected.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6513 - DATE OF RECEIPT OF REPORTS.

Written reports submitted to the District are deemed submitted on the date postmarked. For reports that the user does not mail with postage prepaid into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6514 - RECORDKEEPING.

(a)

Users subject to the reporting requirements of this Ordinance shall retain and make available for the District or any other governmental entity, with appropriate jurisdiction to inspect and copy, all records of information obtained pursuant to any monitoring activities required by this Ordinance, any additional records of

information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under this Ordinance.

(b)

Records shall include the date, exact place, method, and time of sampling; the name of the individual(s) that took the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

(c)

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 that concerns the user or District or where the District, State, or EPA specifically notifies the user of a longer retention period.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6515 - CERTIFICATION OF PERMIT APPLICATIONS, USER REPORTS, AND INITIAL MONITORING WAIVER.

A duly authorized representative of the user must sign and submit the following certification statement when he or she submits any permit application or report required by this Ordinance:

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(s) 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.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)