Yuba City Municipal Code Art. 8 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 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 paragraph (b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical 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 paragraph (b), below. 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) 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 POTW from the regulated processes.

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

(5) Measurement of pollutants.

(i) The user shall provide the following information:

A. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated process for existing sources.

B. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Public Works Director, of regulated pollutants in the discharge from each regulated process.

C. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

D. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Sections 6-5.810 and 6-5.811 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documents as required by the Public Works Director or the applicable standard to determine compliance with the standard.

(ii) The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph.

(iii) 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 waste stream 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.

(iv) Sampling and analysis shall be performed in accordance with Sections 6-5.810 and 6-5.811 of this chapter.

(v) 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.

(vi) The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis are representative of normal work cycles and expected pollutant discharges to the POTW.

(6) Compliance certification. Compliance certification is a statement, reviewed 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 operation and maintenance (O&M) and/or additional pretreatment is required 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 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 6-5.802. of this chapter.

(8) Signature and report certification. All baseline monitoring reports must be signed and certified in accordance with Section 6-5.402.F of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The following conditions shall apply to the compliance schedule required in Section 6-5.801(b)(7) of this chapter:

(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 designated 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. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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 Section 6-5.801(b) of this chapter. 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 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 6-5.402.(F) of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) All significant industrial users shall, at a frequency determined by the Public Works Director but in no case less than twice per year (in June and December), 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. 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. All periodic compliance reports must be signed and certified in accordance with Section 6-5.402.(F) of this chapter.

(b) 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 their monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of their discharge.

(c) If a user subject to the reporting requirement in this section monitors any pollutant at appropriate sampling location more frequently than required by the Public Works Director, using the procedures prescribed in Section 6-5.811 of this chapter, the results of this monitoring shall be included in the report.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Each user must notify the Public Works Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of their wastewater at least 180 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 6-5.402.(E) of this chapter.

(b) The Public Works Director may issue a wastewater discharge permit under Section 6-5.402.(G) of this chapter or modify an existing wastewater discharge permit under Section 6-5.403.(D) of this chapter in response to changed conditions or anticipated changed conditions.

(c) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine episodic nature, a non-customary batch discharge, or a slug discharge or slug load, that may cause potential problems for the POTW, the user shall immediately notify the Public Works Director and/or his designee of the incident by telephone or email. 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 readily visible by employees advising how to notify the City in the event of a discharge as described in paragraph (a), above. Employers shall ensure that all employees who may cause such a discharge are advised of the emergency notification procedure.

(d) Significant industrial users are required to notify the Public Works Director immediately of any changes at their facility affecting the potential for a slug discharge.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Public Works Director as the Public Works Director may require.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

If sampling performed by a user indicates a violation, the user must notify the Public Works Director and/or designee 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 and/or designee within 30 days after becoming aware of the violation. The user is not required to resample if the Public Works Director and/or designee monitors the user's facility at least once a month for the pollutant that is exceeding permitted limits or if the Public Works Director and/or designee samples between the user's initial sampling and when the user receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the industrial user.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

The City prohibits the discharge of any hazardous waste into the POTW (as defined in 40 CFR 261).

Any user who commences the discharge of hazardous waste, whether illegally, accidentally, or otherwise, shall immediately 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 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). 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 6-5.801, 6-5.803, and 6-5.804 of this chapter.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 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 analysis shall be performed by using validated analytical methods or other applicable sampling and analytical procedures, including procedures suggested by the Public Works Director or other parties approved by the EPA. Minimum detection levels shall be as approved by the Public Works Director.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

(a) 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.

(b) 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 the conditions occurring during the reporting period.

(c) Except as indicated in paragraphs (d) and (e) below, 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 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.

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

(e) For sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 6-5.801 and 6-5.803 (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 reports required by paragraphs Section 6-5.804 (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. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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 by the carrier shall govern.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Users 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 user independent of such requirements, and documentation associated with Best Management Practices established under Section 6-5.208(b). Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples, and the dates, analytical techniques or methods, and results of analyses performed and the name of the person(s) who performed the 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. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)