Santa Paula Municipal Code Part 6 Industrial Wastewater Monitoring and Reporting

(A) All industrial users discharging or proposing to discharge industrial wastewater to the city's sewer system must maintain records of its raw materials and usage, processes, effluent flows, pollutant concentrations and related factors. These records must be necessary to demonstrate compliance with the requirements of this chapter and any applicable federal or state pretreatment standards.

(B) Any industrial user subject to the reporting requirements of this chapter must be required to retain for a minimum of three years any records of monitoring activities and results. This period of retention must be extended during the course of any unresolved litigation regarding the industrial user or city sewer system or when requested by the director or the approval authority.

(C) All records related to compliance with pretreatment standards must be made available for inspection and copying at the company facility or if located elsewhere, at the other location, to officials of the EPA, approval authority and the director (40 CFR § 403.12(o)(2)).

(D) The owner and/or occupant of any premises or facility discharging industrial wastewater into the city's sewer system must install at its or their own expense suitable monitoring equipment as may be required by this chapter to facilitate the accurate observation, sampling, and measurement of regulated constituents. The equipment must be maintained in proper working order and kept safe and accessible at all times.

(E) If the Director requires or the owner or operator chooses to install a flow meter, the flow meter must be calibrated every six months and a photocopy of the calibration must be sent to the Director. The calibration must be performed by one of the following: the manufacturer or a qualified civil engineer. Flow charts are to be held by the user for a minimum of three years and made available to the director upon request. Totalizer readings must be recorded daily and every month a report must be submitted to the director showing total daily flows and total monthly flow.

(F) All industrial users required to periodically sample and analyze their wastewater must use sampling methods and sampling locations approved by the Director. For each sample collected and analyzed the user must maintain a record of:

(1) The date, exact place, method and time of sampling and the names of the person or persons taking samples;

(2) The dates and analyses where performed;

(3) Who performed the analysis;

(4) The analytical techniques/methods used;

(5) The results of the analyses.

(G) Whether constructed on public or private property, the approved sampling point must be constructed in accordance with the city requirements. An industry may request approval from the city for sampling wells installed before the effective date of the ordinance codified in this chapter, which meet the design and accessibility requirements for sampling purposes.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

(A) A sampling well(s) of a design approved by the Director must be furnished and installed by designated industrial user to facilitate inspection, sampling and flow measurements. The sampling well(s) must be located in an accessible location and the location must be designated by the Director.

(B) Unrestricted access to the sampling well(s) must be provided to authorized personnel of the city or its duly authorized representative at all times.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

(A) Determinations with respect to compliance with this chapter must be made by the Director on the basis of either instantaneous grab or composite sampling of the wastewater. Grab samples may be taken as deemed necessary by the Director to meet the needs of the specific circumstances.

(B) All analyses must be performed in accordance with procedures established pursuant to § 304(g) through (m) of the Federal Clean Water Act (33 U.S.C. §§ 1314(g) through (m)) and contained in 40 CFR part 136, as amended.

(C) Sampling of industrial wastewater and wastes for the purpose of compliance determination must be conducted at intervals specified by the Director. However, it is the intention of the Director to conduct compliance sampling for all industrial users at least once per year, for the constituents set forth in the user's industrial wastewater discharge permit.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

(A) All industrial users required to do so by the Director must monitor and report on the quantity and quality of their industrial wastewater discharge. The items to be included in the report and the frequency with which the report must be submitted to the Director will be detailed in the user's industrial wastewater discharge permit. The frequency of self-monitoring and reporting for those industrial dischargers not regulated by the federal general pretreatment regulations will be based on the following factors:

(1) The effect of the wastewater on the city's system;

(2) The degree of toxic material, which may pass through the treatment plant;

(3) The quantity, nature and type of the industrial wastewater discharge;

(4) The extent to which the discharge could contribute to violation of the city's wastewater treatment plant NPDES permit.

(B) All reports submitted by the industrial user are required to be signed by an authorized representative of the user and are to include a tabulation of all samples collected and all samples analyzed by the industrial user even if they are more frequent or more complex than the monitoring requirement specified by the city.

(C) Signature requirements for POTW reports. Reports submitted to the approval authority by the POTW must be signed by a principal executive officer, ranking elected official or other duly authorized employee if such employee is responsible for overall operation of the POTW.

(D) The reports and other documents required to be submitted or maintained under this section are subject to:

(1) The provisions of 18 U.S.C. § 1001 relating to false statements;

(2) The provisions of CWA § 309(c)(4), as amended, governing false statements, representation or certification; and

(3) The provisions of CWA § 309(c)(6), as amended, regarding responsible corporate officers.

(E) These reports must be subject to the provision of 18 U.S.C. § 1001 relating to false statements and the provisions of § 309(c) of the Clean Water Act, 33 U.S.C. § 1319(c), governing false statements.

(F) Each self-monitoring report and all reports as required within this division must contain the following completed declaration:

"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.

Executed on the ____ day of _____ at (city and state)

(Signature) ___________________________

(Typed name) ________________________

(Title) ______________________________

(G) The following reports will be required pursuant to promulgation of §§ 307 et seq. of the Clean Water Act, 33 U.S.C. §§ 1317 et seq., and the establishment of any pretreatment standards and regulations:

(1) One-hundred eighty days after the promulgation of pretreatment standards, or 180 days after the final administrative decision made upon a category determination submission or whichever is later, all existing industries subject to the standards must be required to submit to the city a report containing:

(a) The name and address of the user;

(b) The location of the discharge;

(c) The nature, average production rate, and standard industrial classification of the operations carried out by such user;

(d) The average and maximum flow of the discharge in million gallons per day;

(e) The nature and concentration of pollutants in the discharge from each regulated process and identification of applicable pretreatment standards. The concentration must be reported as a maximum or average as provided for in applicable pretreatment standards;

(f) A statement reviewed by an authorized representative of the industrial user and certified by a qualified professional indicating whether the pretreatment standards are being met on a consistent basis and if not, whether operation and maintenance improvements or additional pretreatment is required for compliance;

(2) When a permitted facility changes ownership a complete notice that contains the information outlined in (G)(1)(a) - (f) shall be submitted to the Director of Public Works within 30 days of such transfer.

(H) Within 180 days after the promulgation of pretreatment standards, or within 180 days after the final administrative decision made upon a category determination submission, all existing industries subject to such standards must be required to submit to the city a report containing:

(1) The name and address of the user;

(2) The location of the discharge;

(3) The nature, average production rate, and standard industrial classification of the operations carried out by such user;

(4) The average and maximum flow of the discharge in gallons per day to the sewer system from each of the following:

(a) Regulated process streams; and

(b) Other streams as required to allow use of the combined waste stream formula (40 CFR § 403.6(e)). The Public Works Director may allow for variable estimates of these flows where justified by cost or feasibility considerations.

(5) The nature and concentration of pollutants in the discharge from each regulated process and identification of applicable pretreatment standards. The concentration must be reported as both a daily maximum and average, or mass, as provided for in applicable pretreatment standards (40 CFR § 403.12(b)(5)(ii)).

(I) Compliance schedule for meeting categorical pretreatment standards. If additional pretreatment or operation and maintenance improvements are required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment or operation and maintenance. The completion date submitted must not be later than the compliance date established in the applicable pretreatment standard. The following conditions must apply.

(J) Within 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 wastewater treatment plant, any user subject to the pretreatment standards and requirements must submit to the control authority a report containing the information described in this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report must contain a reasonable measure of the user's long-term production rate.

(K) For all other users subject to equivalent mass or concentration limits established by the control authority, this report must 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 must include the user's actual production during the appropriate sampling period.

(L) All significant industrial user(s) must, at a frequency determined by the control authority but in no case less than every six months, submit a report indicating the nature and 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. All periodic compliance reports must be signed and certified in accordance with this section.

(M) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities must 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 must not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(N) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the control authority, the results of this monitoring must be included in the report. If any monitoring or site review identifies a violation, the waste must be resampled and the analytical results submitted to the Department of Public Works within 30 days of identifying the violation.

(Ord. 1093, passed 2-17-04; Am. Ord. 1156, passed 10-2-06; Am. Ord. 1250, passed 5-20-13) Penalty, see § 51.999

(A) Each user must notify the control authority of any planned significant changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. The control authority may:

(1) 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.

(2) Issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

(B) No user must implement the planned changed condition(s) until and unless the control authority has responded to the user's notice.

(C) For purposes of this requirement, significant changes include, without limitation, flow changes of 20% or greater, and the discharge of any previously unreported pollutants.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

The Director must publish a list of industrial users (IU) documented as being in significant non-compliance (SNC) with existing permit operating conditions in the a local newspaper with the largest circulation. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR § 403.3(l);

(B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR § 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(C) Any other violation of a pretreatment standard or requirement as defined by 40 CFR § 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).

(Ord. 1093, passed 2-17-04; Am. Ord. 1250, passed 5-20-13)