§ 25-91. Reporting requirements.

(a)

Signing and certification of applications and reports. All permit applications and industrial user reports must contain a certification statement as outlined in section 25-92 and be signed by an authorized representative of the industrial user.

(b)

Compliance date report. Within ninety (90) days following the date for final compliance with applicable national 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 superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. All compliance date reports must be signed and certified in accordance with subsection (a) of this section.

(c)

Periodic compliance reports.

(1)

All significant industrial users shall submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In the case of an existing categorical user, the reports shall be required after the compliance date of a pretreatment standard. In the case of a new source or any other significant industrial user, the reports shall be required after commencement of the discharge to the POTW. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in subsection 25-87(2)(g). At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the reports are to be submitted. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user. For the reports required by subsection 25-91(c), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. All periodic compliance reports must be signed and certified in accordance with subsection 25-91(a).

(2)

The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (a) of this paragraph shall indicate the mass of pollutants regulated by pretreatment standards 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 superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. 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 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 as described in section 25-90.

(3)

Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the superintendent a report which contains the information required in 40 CFR 403.12. All baseline monitoring reports must be signed and certified in accordance with subsection 25-91(a).

(4)

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. This authorization is subject to the following conditions:

a.

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.

b.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit (see paragraph 25-87(b)(18).

c.

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.

d.

The request for a monitoring waiver must be signed by an authorized or duly authorized representative of the user, and must include the certification statement listed in subsection 25-92(a).

e.

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

f.

Any grant of the monitoring waiver by the superintendent 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 superintendent for three (3) years after expiration of the waiver.

g.

Upon approval of the monitoring waiver and revision of the user's permit by the superintendent, the industrial user must certify on each report with the statement in subsection 25-92(c) that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

h.

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 25-91(c) or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent.

i.

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

(5)

The city may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the state, where the industrial user's total categorical wastewater flow does not exceed any of the following:

a.

0.01 percent of the POTW's design dry-weather hydraulic capacity, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

b.

0.01 percent of the design dry-weather organic treatment capacity of the POTW; and

c.

0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with section 25-74.

Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance, as defined in section 25-97. 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 superintendent, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

(6)

All periodic compliance reports must be signed and certified in accordance with subsection 25-92(a).

(7)

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.

(8)

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 superintendent, using the procedures prescribed in section 25-90, the results of this monitoring shall be included in the report.

(d)

Records of monitoring activities. Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, 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 pursuant to section 25-74. Any industrial user subject to reporting requirements shall maintain records of all information resulting from any monitoring activities. Such records for all samples shall include:

(1)

The date, exact place, method and time of sampling, and the names of the persons taking the samples;

(2)

The dates analyses were performed;

(3)

Who performed the analyses;

(4)

The analytical techniques or methods used; and

(5)

The results of the analyses.

Records shall be retained for a minimum of three (3) years, whether or not such monitoring activities are required. Such records shall be available for inspection and copying by the superintendent. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when required by the superintendent

(Ord. No. 12-1700-936, § 1, 10-2-12)

(Ord. No. 12-1700-936, § 1, 10-2-12)