Ventura Municipal Code Art. 4 Reporting Requirements

A. Within either 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 POTW shall submit to the public works director a report which contains the information listed in subsection B of this section. At least 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 public works director a report which contains the information listed in subsection B of this section. 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 its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below:

1. Required Information. All information required in Sections 22.240.325(B)(1)(a), (B)(2), (B)(3)(a), and (B)(6).

2. Measurement of Pollutants.

a. The user shall provide the information required in Section 22.240.325(B)(7)(a) through (B)(7)(d).

b. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

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 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 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 Sections 22.240.450 and 22.240.460;

e. The public works director 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;

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 user’s authorized representative as defined in Section 22.240.160 and certified 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 to meet the pretreatment standards and requirements.

4. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M 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 set out in Section 22.240.415.

5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 22.240.490(A) and signed by an authorized representative as defined in Section 22.240.160. (Ord. No. 2010-002, § 2, 2-1-10)

The following conditions shall apply to the compliance schedule required by Section 22.240.405(B)(4):

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 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);

B. No increment referred to above shall exceed nine months;

C. The user shall submit a progress report to the public works director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine months elapse between such progress reports to the public works director. (Ord. No. 2010-002, § 2, 2-1-10)

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 POTW, any user subject to such pretreatment standards and requirements shall submit to the public works director a report containing the information described in Sections 22.240.325(B)(6) and (7) and 22.240.405(B)(2). For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 22.240.220, 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 must be signed and certified in accordance with Section 22.240.490(A). All sampling will be done in conformance with Section 22.240.460. (Ord. No. 2010-002, § 2, 2-1-10)

A. Except as specified in subsection C of this section, all significant industrial users must, at a frequency determined by the Ventura Water general manager, submit no less than twice per year (June and December or on dates specified) reports 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. 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 public works director or the pretreatment standard necessary to determine the compliance status of the user.

B. The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present 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 industrial user (see 40 CFR 403.12(e)(2)). This authorization is subject to the following conditions:

1. 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.

2. The monitoring waiver is valid only for the duration of the effective period of the nondomestic wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent nondomestic wastewater discharge permit. See Section 22.240.325(B)(8).

3. In making a demonstration that a pollutant is not present, the industrial user 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.

4. The request for a monitoring waiver must be signed in accordance with Section 22.240.160, and include the certification statement in Section 22.240.490(A) (40 CFR 403.6(a)(2)(ii)).

5. Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

6. Any grant of the monitoring waiver by the public works director must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the public works director for three years after expiration of the waiver.

7. Upon approval of the monitoring waiver and revision of the user’s permit by the public works director, the industrial user must certify on each report with the statement in Section 22.240.490(C) that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

8. 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 user’s operations, the user must immediately: comply with the monitoring requirements of subsection A of this section, or other more frequent monitoring requirements imposed by the public works director, and notify the public works director.

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

C. The city may reduce the requirement for periodic compliance reports (see subsection A of this section (40 CFR 403.12(e)(1))) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the EPA/state, where the industrial user’s total categorical wastewater flow does not exceed any of the following:

1. One one-hundredth (0.01) percent of the Ventura Wastewater Reclamation Facility’s design dry-weather hydraulic capacity, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

2. One one-hundredth (0.01) percent of the Ventura Wastewater Reclamation Facility’s design dry-weather organic treatment capacity; and

3. One one-hundredth (0.01) percent of the Ventura Wastewater Reclamation Facility’s maximum allowable headworks loading for all pollutants regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 22.240.240.

Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Section 22.240.645. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the public works director, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

D. All periodic compliance reports must be signed and certified in accordance with Section 22.240.490(A).

E. 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.

F. 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 public works director, using the procedures prescribed in Section 22.240.460, the results of this monitoring shall be included in the report. (Ord. No. 2010-002, § 2, 2-1-10)

Each user must notify the public works director of any 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.

A. The public works director 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 under Section 22.240.325.

B. The public works director may issue a nondomestic wastewater discharge permit or a general permit under Section 22.240.375 or modify an existing wastewater discharge permit or a general permit under Section 22.240.360 in response to changed conditions or anticipated changed conditions. (Ord. No. 2010-002, § 2, 2-1-10)

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

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

C. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

D. Significant industrial users are required to notify the public works director immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. No. 2010-002, § 2, 2-1-10)

All users not required to obtain a nondomestic wastewater discharge permit or general permit shall provide appropriate reports to the public works director as the public works director may require. (Ord. No. 2010-002, § 2, 2-1-10)

If sampling performed by a user indicates a violation, the user must notify the public works director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the public works director within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user. (Ord. No. 2010-002, § 2, 2-1-10)

A. 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 100 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 12 months. All notifications must take place no later than 180 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 Section 22.240.425. 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 Sections 22.240.405, 22.240.415, and 22.240.420.

B. Dischargers are exempt from the requirements of subsection A of this section during a calendar month in which they discharge no more than 15 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 15 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.

C. 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 public works director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. 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.

E. 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. No. 2010-002, § 2, 2-1-10)

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 “Guidelines Establishing Test Procedures for the Analysis of Pollutants.” 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 public works director or other parties approved by EPA. (Ord. No. 2010-002, § 2, 2-1-10)

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

A. Except as indicated in subsections B and C of this section, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the public works director. Where time-proportional composite sampling or grab sampling is authorized by the city, 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 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 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.

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

C. For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 22.240.405 and 22.240.415 (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 public works director may authorize a lower minimum. For the reports required by Section 22.240.420 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (Ord. No. 2010-002, § 2, 2-1-10)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. No. 2010-002, § 2, 2-1-10)

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying by the public works director, 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 user independent of such requirements, and documentation associated with best management practices established under Section 22.240.240(E). Records shall include the date, exact place, method, and time of sampling, and the name 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. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the public works director. (Ord. No. 2010-002, § 2, 2-1-10)

A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 22.240.335; users submitting baseline monitoring reports under Section 22.240.405(B)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 22.240.415; users submitting periodic compliance reports required by Sections 22.240.420(A) through (D); and users submitting an initial request to forego sampling of a pollutant on the basis of Section 22.240.420(B)(4). The following certification statement must be signed by an authorized representative as defined in Section 22.240.160:

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 Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the public works director pursuant to subsection (3) of the definition of “Significant Industrial User (SIU)” in Section 22.240.160 and Section 22.240.335(C) must annually submit the following certification statement signed in accordance with the signatory requirements in the definition of “Authorized” or “duly authorized representative of the user” in Section 22.240.160. This certification must accompany an alternative report required by the public works director:

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 that 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 described in subsection (3) of the definition of “Significant Industrial User (SIU)” in Section 22.240.160;

(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. Users that have an approved monitoring waiver based on Section 22.240.420(B) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user:

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 filing of the last periodic report under Section 22.240.420.A of the City of Ventura Sewer Use Ordinance.

(Ord. No. 2010-002, § 2, 2-1-10)