A. The city may authorize a waiver where a pollutant is determined to be present solely due to wastewater discharged from the facility; provided, that the wastewater is not regulated by an applicable categorical pretreatment standard and otherwise includes no process wastewater.

B. The monitoring waiver is valid only for the duration of the effective period of the permit, but in no case longer than five years. The industrial user must submit a new request for the waiver before the waiver can be granted for each subsequent permit.

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. The request for a waiver must be signed by the authorized representative of industrial user and include the certification statement in 40 CFR 403.6(a)(2)(ii). Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

D. A grant of the monitoring waiver by the city must be included as a condition in the industrial user’s permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the city for three years after expiration of the waiver.

E. Upon approval of the monitoring waiver and revision of the industrial user’s permit by the city, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR ______ [Specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR §403.12(e)(1).

F. In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user’s operations, the industrial user must immediately: comply with the monitoring requirements in 40 CFR 403.12(e)(1) or other more frequent monitoring requirements imposed by the city; and notify the city.

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