San Luis Obispo Municipal Code Art. VI Reporting Requirements

A. Any discharger of nondomestic wastewater may be required to submit to the director a report indicating the nature, concentration and daily flows of all limiting pollutants. The report shall also state whether the applicable pretreatment standards and requirements are being consistently met.

B. After meeting the requirements set forth in subsection A of this section, the user shall submit self-monitoring reports, as required by the director, to assess and assure continued compliance with pretreatment standards and requirements, including, but not limited to, the reports required in 40 CFR 403.12. These reports shall contain the results of sampling and analysis of the discharge, done in accordance with the procedures approved by the POTW.

C. Reports, such as but not limited to those identified in subsections A and B of this section, shall be signed and certified by an authorized representative of the discharging facility.

D. All industrial users shall be required to retain for a minimum of three years any records and/or reports of monitoring activities or results and shall make such records/reports available for inspection and copying by the POTW. This period of retention shall be extended during the course of any pending litigation regarding the industrial user.

E. Notification of the Discharge of Hazardous Waste.

1. Any user who commences the discharge of hazardous waste shall notify the POTW, the 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, 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 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 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 this article.

2. Dischargers are exempt from the requirements of subsection A of this section during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute 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.

3. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a 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 substance within ninety days of the effective date of such regulations.

4. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical by the director.

5. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

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 is 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 of this section.

B. At least ninety 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 director a report containing the information listed in subsection C of this section. 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:

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

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

3. 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) carried out by such IU. This description shall include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

4. 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 waste stream formula of 40 CFR 403.6(e). The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

5. Measurement of Pollutants.

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

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 limit and daily discharge concentrations shall be reported. The sample shall be representative of daily operations.

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 waste stream 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 40 CFR 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.

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.

6. Compliance Certification. The IU shall submit a statement, reviewed by an authorized representative of the IU (as defined in Section 13.08.160 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&M) and/or additional pretreatment is required for the IU to meet the pretreatment standards and requirements.

7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the IU shall submit the shortest schedule by which the IU will provide such additional pretreatment and/or O&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 13.08.180.

8. All baseline monitoring reports must be certified in accordance with this section and be signed by an authorized representative of the discharging facility. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

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 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).

B. No 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, including in such 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. In no event shall more than nine months elapse between submissions of such progress reports to the director. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

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. 1598 § 1, 2014)

A. All SIUs must, at a frequency determined by the director, submit no less than twice per year, in June and December or on other dates specified, 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. All periodic compliance reports must be signed and certified by an authorized representative of the discharging facility. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

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. (Ord. 1598 § 1, 2014)

All users not required to obtain an individual wastewater discharge permit shall provide reports to the director as the director may require. (Ord. 1598 § 1, 2014)

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:

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

B. 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. 1598 § 1, 2014)

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 wastes to the public sewer system in violation of this chapter, shall be eliminated. Where such action is impractical or unreasonable, as determined by the city, the IU shall appropriately label such entry points to warn against discharge of such wastes.

C. 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. 1598 § 1, 2014)

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 by 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. 1598 § 1, 2014)

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; for volatile organics and oil and 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 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 13.08.170 and 13.08.510 (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 are available, the director may authorize a lower minimum. For the reports required by Section 13.08.200 (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 13.08.270, the results of this monitoring shall be included in the report.

F. All required sampling shall be done at the IU’s expense. (Ord. 1598 § 1, 2014)

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. 1598 § 1, 2014)

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. 1598 § 1, 2014)

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 best management practices established under Section 13.08.040. Records shall include the date, exact place, method, time of sampling, the name(s) of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; 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. 1598 § 1, 2014)

A. Certification of Permit Applications and User Reports. The following certification statement is required to be signed and submitted by IUs submitting baseline monitoring reports pursuant to Section 13.08.170, SIUs submitting reports in compliance with the categorical pretreatment standard deadlines pursuant to Section 13.08.190, IUs submitting periodic compliance reports required by Section 13.08.200. The following certification statement must be signed by an authorized representative as defined in Section 13.08.020, Definitions:

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.

(Ord. 1598 § 1, 2014)