§ 28-178. Reporting requirements.

(a)

Baseline monitoring reports.

(1)

Within either one hundred eighty (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 director of public works a report which contains the information listed in paragraph (2), below. At least ninety (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 director of public works a report which contains the information listed in paragraph (2), 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.

(2)

Users described above shall submit the information set forth below:

a.

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

b.

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

c.

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.

d.

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 wastestream formula set out in 40 CFR 403.6(e).

e.

Measurement of pollutants.

1.

The categorical pretreatment standards applicable to each regulated process.

2.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, 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 subsection (j) of this section.

3.

Sampling must be performed in accordance with procedures set out in subsection (k) of this section.

f.

Certification. 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.

g.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the user shall provide 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. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.

h.

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 28-176(f) of this division.

(b)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (a)(2)g. of this section:

(1)

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);

(2)

No increment referred to above shall exceed nine (9) months;

(3)

The user shall submit a progress report to the director of public works no later than fourteen (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

(4)

In no event shall more than nine (9) months elapse between such progress reports to the director of public works.

(c)

Reports on compliance with categorical pretreatment standard deadline. Within ninety (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 director of public works a report containing the information described in subsection (a)(2)d.—f. of this section. 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 28-176(f) of this division.

(d)

Periodic compliance reports.

(1)

Unless specifically exempt by permit conditions, all permitted significant industrial users shall, at a frequency determined by the director of public works but in no case less than semiannually (once per six months), 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. All periodic compliance reports must be signed and certified in accordance with section 28-176(f) of this division.

(2)

All wastewater samples must be representative of the user's discharge. Sampling information including date, time, place, method of sampling (i.e., grab or composite), and person performing the sampling shall be include. Analysis information including the dates performed, who performed the analyses, and the analytical methods used, shall also be included. 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.

(3)

If a user subject to the reporting requirement in this section monitors any pollutant at the appropriate sampling location more frequently than required, using the procedures prescribed in subsection (k) of this section, the results of this monitoring shall be included in the report.

(4)

Reports shall include results of sampling and analysis of the discharge, including the flow and nature and concentration or production and mass, where requested by the city, of pollutants contained in the industrial wastewater discharge permit which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the city in lieu of the industrial user. When the city performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under 40 CFR 403.12(b)(6) and 40 CFR 403.12(d) In addition, when the city itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

(5)

If sampling performed by an industrial user using test procedures approved under 40 CFR 136 indicates a violation, the user shall notify the city 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 city within 30 days after becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Re-sampling is not required if:

a.

The city performs the sampling at the industrial user's facility at a frequency of at least once per month, or

b.

The city performs the sampling at the user's facility between the time when the user performs the initial sampling and the time when the user receives the results of this sampling.

(6)

The reports shall be based upon data obtained through appropriate sampling and analysis performed during the reporting period. The city shall require a frequency of monitoring necessary to assess and assure compliance by industrial users with applicable Pretreatment Standards and Requirements.

(7)

All analyses shall be performed in accordance with procedures contained in 40 CFR part 136 and amendments thereto or with any other approved test procedures.

(8)

If an industrial user subject to reporting requirements monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, the results shall be included in the report.

(9)

The city shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards.

(10)

All reports must be signed and certified in accordance with Section 28-176(f).

(e)

Reports of changed conditions. Each user must notify the director of public works of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.

(1)

The director of public works 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 28-176(e) of this division.

(2)

The director of public works may issue a wastewater discharge permit under section 28-176(g) of this division or modify an existing wastewater discharge permit under section 28-177(d) of this division in response to changed conditions or anticipated changed conditions.

(3)

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

(f)

Reports of potential problems.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of public works 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.

(2)

Within five (5) days following such discharge, the user shall, unless waived by the director of public works, 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 may 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 division.

(3)

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 paragraph (1), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(g)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director of public works as may be required.

(h)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director of public works within twenty-four (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 director of public works within thirty (30) days after becoming aware of the violation. The user is not required to resample if the director of public works monitors at the user's facility at least once a month, or if the director of public works samples between the user's initial sampling and when the user receives the results of this sampling.

(i)

Notification of the discharge of hazardous waste.

(1)

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 one hundred (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 twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section. 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 subsections (a), (c), and (d) of this section.

(2)

Dischargers are exempt from the requirements of paragraph (1), above, during a calendar month in which they discharge no more than fifteen (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 fifteen (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.

(3)

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 director of public works, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

(4)

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.

(5)

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.

(j)

Analytical requirements. 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, 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, sampling and analyses must be performed in accordance with procedures approved by EPA. The laboratories providing analytical services must be approved by the State laboratory certification program for the specific pollutants required in the permit.

(k)

Sample collection.

(1)

Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director of public works. Where time-proportional composite sampling or grab sampling is authorized, the sampling must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-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 director of public works as appropriate.

(2)

For sampling required in support of baseline monitoring and ninety-day compliances required in [subsections] (a) and (c) of this section, a minimum of four (4) 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 director of public works may authorize a lower minimum. For the reports required by [subsection] (d) of this section, the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards will be required.

(3)

Chain of custody. The possession of samples must be traceable from the time they are obtained until they are introduced as evidence in legal proceedings. As samples are collected in the field, they will be preserved in accordance with 40 CFR part 136 approved methods. Each sample will be distinctly labeled and recorded on the chain of custody. The chain of custody shall reflect the sample number, collector's name, date, time and method of sampling, sample site, preservative, container type, and analyses requested. Samples will then be placed on ice in a cooler for immediate transport to the locked refrigerator or for transport directly to a commercial laboratory. (An example of the chain-of-custody form is located in the forms book). To simplify the chain of custody record and eliminate potential enforcement problems, pretreatment samples will be handled by a minimum number of personnel, and samples will be kept in the possession of the person who performed the sampling until they are either submitted or shipped to the commercial laboratory, locked in the refrigerator, and/or until they are given to other personnel for transport to the laboratory (with the chain of custody form appropriately signed).

(l)

Timing. 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.

(m)

Record keeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 (3) 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 superintendent.

(Ord. No. 99-12, § 2(6.1—6.13), 8-17-99; Ord. No. 2006-03, §§ 5, 10, 11, 1-24-06; Ord. No. 2010-11, § 8, 7-20-10)