Article 5

Reporting and Sampling Requirements

• A. Within either 180 days after the effective date of a pretreatment standard, or the final administrative decision on category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such pretreatment standards currently discharging to or scheduled to discharge to the WPCF shall submit to the Director a baseline monitoring report which contains the information listed in subsection B of this section.

At least 90 days prior to commencement of discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable pretreatment standard, shall submit a baseline monitoring 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 the applicable pretreatment standards, an estimate of its anticipated flow, and an estimate of the quantity of pollutants to be discharged.

• B. Users described above in subsection A of this section shall submit the information set forth below (as required under 40 CFR 403.12(b)):

  1. Identifying Information. The name and address of the facility, including the name of the operator and owner.

  2. Environmental Permits. A list of any environmental control permits held by or for the facility.

  3. Description of Operations. A brief description of the nature, average rate of production, and Standard Industrial Classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the WPCF from the regulated processes.

  4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the WPCF from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

  5. Measurement of Pollutants.

     • a. The pretreatment standards applicable to each regulated process.

     • b. The results of sampling and analysis which identify the nature and concentration, and/or mass, where required by the pretreatment standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this chapter and 40 CFR 403.12(b)(5).

  6. Certification. A statement, reviewed and signed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a constant basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the pretreatment standards.

7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, a description of such additional pretreatment and/or O&M and the shortest schedule by which the user 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. The following conditions shall apply to this schedule:

   • a. The schedule shall contain increments of progress 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 (e.g., hiring of an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);

   • b. No increment referred to in subsection (B)(7)(a) of this section shall exceed nine months;

   • c. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director.

(Prior code § 19-5-1)

• A. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of discharge, any user subject to such pretreatment standards shall submit to the Director a report containing the information described in Section 8.04.380(B). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to 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.

• B. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all pretreatment standards within the time limitations as specified by pretreatment regulations.

• (Prior code § 19-5-2)

• A. Within 30 days after the effective date of issuance of an industrial wastewater discharge permit, significant industrial users who are not CIUs subject to the provisions of Section 8.04.380 shall submit to the Director a baseline monitoring report which contains the information listed in subsection B of this section. The SIU shall report the method of pretreatment it intends to use, an estimate of its anticipated flow, and an estimate of the quantity of pollutants to be discharged.

• B.

• SIUs described in subsection A of this section shall submit the information set forth below:

1. Identifying Information. The name and address of the facility, including the name of the operator and owner.

2. Environmental Permits. A list of any environmental control permits held by or for the facility.

3. Description of Operations. A brief description of the nature, average rate of production, and Standard Industrial Classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the WPCF from the regulated processes.

4. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the WPCF from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

5. Measurement of Pollutants.

   • a. The pretreatment standards and pretreatment requirements applicable to each regulated process.

   • b. The results of sampling and analysis which identify the nature and concentration, and/or mass, where required by the pretreatment standard or pretreatment requirement or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this chapter and 40 CFR 403.12(b)(5).

6. Certification. A statement, reviewed and signed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the pretreatment standards or pretreatment requirements.

7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards or pretreatment requirements, a description of such additional pretreatment and/or O&M and the shortest schedule by which the user 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 or pretreatment requirement. The following conditions shall apply to this schedule:

   • a. The schedule shall contain increments of progress 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 or pretreatment requirements (e.g., hiring of an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);

• b. No increment referred to in subsection (B)(7)(a) of this section shall exceed nine months;

• c. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress to the Director.

(Prior code § 19-5-3)

The Director shall require a compliance schedule from each user for installation of technology required to meet a pretreatment standard or pretreatment requirement, to install spill and slug discharge prevention, or to implement personnel training.

• A. Any compliance schedule must contain milestone 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 or pretreatment requirement (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. Within both 14 days of completion of a milestone in the compliance schedule and within 14 days of the final date for compliance, the user must submit a progress report to the Director indicating whether or not the milestone or final compliance date was met, and if not, the reason for any delay, and the steps being taken by the user to return to the established schedule.

• D. In no event shall more than nine months elapse between such progress reports to the Director.

• E. A user shall submit a final report, within 90 days after the final date for compliance. (Prior code § 19-5-4)

• A. All industrial users shall, at a frequency determined by the Director, but in no case less than twice per year during the months of June and December, submit a periodic compliance or self-monitoring report indicating the IUs compliance with the terms and conditions of its discharge permit, including BMP-based standards or local limits. The report will also address the nature and concentration of pollutants in the discharge which are limited by pretreatment standards or pretreatment requirements. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow, and the measurement of estimated average and maximum daily flows for the reporting period.

• B. The Director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or pretreatment requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards or pretreatment requirements in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Director, of pollutants contained therein which are limited by the applicable pretreatment standards or pretreatment requirements. The frequency of monitoring shall be prescribed in the applicable pretreatment standard or pretreatment requirements. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with this chapter and the techniques approved by the administrator.

• 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 the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in Section 8.04.510, the results of this monitoring shall be included in the report.

• E. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted. Any revised dates shall be noted in the user's industrial wastewater discharge permit.

• (Prior code § 19-5-5)

Each user shall notify the Director in writing of any planned changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.

• A. The 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 8.04.280.

• B. The Public Works Director may issue a wastewater discharge permit under Section 8.04.280 or modify an existing wastewater discharge permit under Section 8.04.310 in response to changed conditions or anticipated changed conditions.

• C. For purposes of this requirement changes include, but are not limited to, flow increase of 20% or greater, and the discharge of any previously unreported pollutants.

• (Prior code § 19-5-6)

• A. In the case of any discharge of a nonroutine or episodic nature, including, but not limited to, accidental discharges, spills, a noncustomary batch discharge, or a slug load, all users (whether or not such users are industrial users and whether or not such users are required to possess a waste discharge permit) 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 actions taken by the user.

• B. Within five days following such a spill, slug load, accidental discharge or other discharge of a nonroutine or episodic nature, the user shall submit a detailed written report to the Public Works Director 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 may he or she incurred as a result of damage to the WPCF, 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.

• (Prior code § 19-5-7)

• A. All industrial users shall notify in writing the Director, the State RWQCB, and the EPA Regional Waste Management Division Director of any discharge which, if otherwise disposed of would be considered 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 industrial user discharges more than 100 kilograms of such waste per calendar month to the WPCF, the notification shall also include the following information to the extent such information is known or readily available to the industrial user: An identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Notification shall take place within 180 days of the effective date of the ordinance codified in this chapter. Industrial users who commence discharging after the effective date of the ordinance codified in this chapter shall provide notification not later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this section need be submitted only once for each hazardous waste discharged; however, notification of changed circumstances or changed discharges must be submitted under Section 8.04.430.

• B. In the event new regulations are promulgated pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976 (Pub. Law 94-580, 90 Stat. 2806, 42 USC Section 6921), identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, industrial users shall notify in writing the Director, the State RWQCB, and the EPA Regional Waste Management Division Director, of the discharge of such substance within 90 days of the effective date of such regulation.

• C. In the event of any notification made under this section, the industrial user shall certify 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.

• (Prior code § 19-5-8)

In addition to those reports required by this chapter, all users, whether or not required to obtain a wastewater discharge permit, shall provide appropriate reports to the Director as the Director may require.

(Prior code § 19-5-9)

• A. Any user required to have a waste discharge permit shall provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of discharge in the building sewer and/or internal drainage systems prior to discharge to the WPCF. The monitoring facility shall be situated on the user's premises, but the Director may, when such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public meet or sidewalk area. The monitoring facility shall be located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The precise location shall be specified in the user's wastewater discharge permit.

• B. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The facility shall be readily accessible to City personnel at all times. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in ordinance with the City's requirements and all applicable local construction standards specifications. Construction shall be completed within 90 days following written notification by the City.

• (Prior code § 19-5-10)

Any written reports required by this chapter shall be deemed to have been submitted on the date of receipt of the report. Any written reports required by this chapter shall be certified as provided in Section 8.04.270.

(Prior code § 19-5-11)

• A. All users required to have a wastewater discharge permit shall retain, and make available for inspection and copying by the City, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements.

• B. 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. In addition, reports will include documentation of compliance with any BMP requirements for the SIU permit. Any violations of the SIU permit will be identified. 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 which relates to such monitoring, or where the user has been specifically notified of a longer retention period by the Director.

(Prior code § 19-5-12)

• A. Whenever necessary to ascertain compliance with the provisions of this chapter or whenever there is reasonable cause to believe that there exists a violation of this chapter, an authorized agent or employee of the City may enter onto any premises or into any building for the purpose of inspecting facilities, records relating to pretreatment or to take samples.

• B. In those situations when the owner and/or occupant refuses entry, entry may be obtained under a search warrant issued by a duly authorized magistrate. The City Attorney is authorized to seek such warrants upon the request of the Director.

• C. Nothing herein shall be read to limit the immediate right of entry without a warrant:

  1. In any emergency situation; or

2. Where entry is permitted under the Constitution or any State or Federal law.

(Prior code § 19-5-13)

• A. The City may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The City shall have the right to copy such records.

• B. The City, RWQCB, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their guards so that upon presentation of suitable identification, personnel from the City, RWQCB, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

• (Prior code § 19-5-14)

• A. All analysis and testing by the City or industrial users required by this chapter shall conform to procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the techniques approved by EPA or found in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977.

• B. If sampling by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user must also resample and submit results of this resampling to the Director within 30 days.

• C. Except as indicated in subsection D of this section, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional composite sampling or a minimum of four grab samples where the user demonstrates to the Director's satisfaction that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

• D. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfide, and volatile organic compounds must be obtained using grab sample collection techniques.

• E. In all cases where this chapter requires either sampling, analysis or testing of wastewater by a user, all such sampling, analysis and testing shall be performed at the user's expense by an independent laboratory approved by the Director. Nothing in this subsection shall be construed to prevent a user from performing its own sampling, analysis and testing in those circumstances where such is not required to be performed by this chapter.

• (Prior code § 19-5-15)

Information and data regarding a user obtained from reports, questionnaires, permit applications, permits, monitoring programs or from inspections shall be public records available to the public or other governmental agencies without restriction pursuant to the Public Records Act (Government Code Section 6250 et seq.), unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user pursuant to the Public Records Act. Any such request must be asserted at the time of submission of the information or data. Pursuant to 40 CFR 403.14, effluent data (including wastewater characteristics and constituents) shall not be recognized as trade secrets. (Prior code § 19-5-16)