§ 23-77. Reporting and notification requirements.

A. 

Reports for categorical industrial users. Categorical industrial users are required to submit a baseline monitoring report and a ninety-day compliance report by the deadlines established in 40 CFR 403.12(b) and (d). The categorical industrial user shall submit a copy of all such reports required by 40 CFR Part 403 to the City at the same time submitted to EPA.

B. 

Periodic compliance reports - all significant industrial users.

(1) 

Any significant industrial user or other industrial user required by the City, subject to a federal, state, or City pretreatment standard or requirement, must submit reports at a frequency required by the industrial wastewater discharge permit indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards including the average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMPs) or pollution prevention alternatives, the industrial user must submit documentation required by the City or the pretreatment standard necessary to determine compliance status of the industrial user. All periodic compliance reports must be signed and certified in accordance with § 23-77G.

(2) 

All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that the sample results are unrepresentative of its discharge.

(3) 

If an industrial user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the methods and procedures prescribed in § 23-76, the results of this monitoring shall be included in the report.

C. 

Twenty-four-hour notice and thirty-day resampling. If sampling performed by an industrial user indicates a violation of this article or the industrial wastewater discharge permit, the industrial user shall notify the City within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation.

D. 

Slug discharge control plan.

(1) 

Each industrial user shall provide protection from accidental and slug discharges of pollutants regulated under this article. Facilities to prevent the discharge of spills or slug loads shall be provided and maintained at the industrial user's expense.

(2) 

Each significant industrial user shall develop, submit for approval, and implement a slug discharge control plan. The Slug Control Plan shall contain all of the information specified at 40 CFR 403.8(f)(2)(vi).

(3) 

The industrial user shall permanently post a notice on the industrial user's bulletin board or other prominent place advising employees who to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.

E. 

Reports of potential problems – slug and spills.

(1) 

In the case of any changes at its facility affecting potential for a slug discharge as defined in § 23-69 or any actual discharge that may cause potential problems for the POTW or otherwise trigger the reporting requirements under § 23-77I, the industrial user shall immediately telephone and notify the City of the incident. This notification shall include:

(a) 

Name of the facility.

(b) 

Location of the facility.

(c) 

Name of the caller.

(d) 

Date and time of discharge.

(e) 

Date and time discharge was halted.

(f) 

Location of the discharge.

(g) 

Estimated volume of discharge.

(h) 

Estimated concentration of pollutants in discharge.

(i) 

Corrective actions taken to halt the discharge.

(j) 

Method of disposal, if applicable.

(2) 

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

F. 

Reports for nonsignificant industrial users. If the City deems it necessary to assure compliance with provisions of this article, any industrial user of the POTW may be required to submit an industrial discharge permit application, questionnaire or other reports and notifications in a format and time frame as specified by the City.

G. 

Signatory certification. All reports and other submittals required to be submitted to the City shall include the following statement and signatory requirements:

(1) 

The authorized representative of the industrial user signing any application, questionnaire, any report or other information required to be submitted to the City must sign and attach the following certification statement with each such report or information submitted to the City. "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 ensure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the 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 a fine and imprisonment for knowing violations."

(2) 

If the authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section and meeting the definition in § 23-69 must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

H. 

Compliance schedules. Should any schedule of compliance be established in accordance with the requirements of this article, the following conditions shall apply to such schedule:

(1) 

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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);

(2) 

No increment referred to above shall exceed nine months;

(3) 

Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the City including, at 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 this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the City.

I. 

Change in discharge or operations.

(1) 

Every permitted industrial user shall file a notification with the City a minimum of 14 days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than 20% in the mass of a pollutant or volume of flow discharged to the POTW from what was reported over the last six months. In addition, this notification shall include changes to:

(a) 

Adding or removing processing, manufacturing or other production operations.

(b) 

New pollutants used which may be discharged.

(c) 

Changes in the listed or characteristic hazardous waste for which the industrial user has submitted or is required to submit information to the City under this article and 40 CFR § 403.12(p), as amended.

(2) 

Known or anticipated facility closure. The industrial user is required to notify the City at least 30 days prior to facility shutdown or closure which might alter the character, nature, quality, or volume of its wastewater.

J. 

Notification of the discharge of hazardous waste.

(1) 

Any industrial user shall notify the City, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification to the City shall be made within the appropriate time frames specified in § 23-77C, E and I or within 24 hours of becoming aware of the discharge, whichever is shorter. Such notification must include:

(a) 

The name of the hazardous waste as set forth at 40 CFR Part 261;

(b) 

The EPA hazardous waste number;

(c) 

The type of discharge (continuous, batch, or other);

(d) 

An identification of the hazardous constituents contained in the wastes;

(e) 

An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month;

(f) 

An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months;

(g) 

Certification that the industrial user 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; and

(h) 

Signatory certification as required by § 23-77G.

(2) 

Any industrial user shall notify the EPA Regional Waste Management Division Manager, and state hazardous waste authorities, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 and meets the reporting criteria specified at 40 CFR 403.12(p). Notification to the State and EPA is the responsibility of the industrial user and shall be made as required under 40 CFR § 403.12(p). The industrial user shall copy the City on all notifications made to the state and EPA.

K. 

Requests for information.

(1) 

A permittee shall furnish to the City, within the time frame set by the City Engineer, any information which the City may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating an industrial wastewater discharge permit, or to determine compliance with the industrial wastewater discharge permit or this article. A permittee shall also, upon request, provide to the City, within the time frame required by the City Engineer, copies of any records that are required by the industrial wastewater discharge permit or this article.

(2) 

When requested by the City, any industrial user shall submit information to the City Engineer regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the City Engineer to meet the responsibilities under this article, state law, and 40 CFR Part 403. Failure to provide information within the time frame specified shall be a violation of this article.