15.52.070 Reporting requirements.
A. In accordance with 40 CFR 403.12(e), periodic reports on continued compliance:
1. Any industrial user subject to a categorical pretreatment standard (Sections 15.48.010, 15.48.020, 15.48.030 or 15.48.040), except a non-significant categorical user as defined in 40 CFR 403.3(v)(2) after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the permit or city, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period. The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams.
b. Other streams as necessary to allow use of the combined waste stream formula described in 40 CFR 403.6(e), except that the city may require more detailed reporting of flows. The city may allow for verifiable estimates of these flows where justified by cost or feasibility. At the discretion of the city and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city may agree to alter the months during which the reports are to be submitted.
c. In cases where the pretreatment standard requires compliance with best management practice (or pollution prevention alternative), the user shall submit documentation required by the city or the pretreatment standard necessary to determine compliance status of the industrial user.
d. If the industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city using procedures prescribed above, the results of this monitoring shall be included in the report.
2. Where the city has imposed mass limitations on industrial users as provided for by Section 15.48.030, the report required by subsection (A)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
3. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with the procedures in 40 CFR 403.6(c), the report required by subsection (A)(1) of this section shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (A)(1) of this section shall include the user’s actual average production rate for the reporting period.
B. In accordance with 40 CFR 403.12(h), reporting requirements for industrial users not subject to categorical pretreatment standards, the city shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users shall submit to the city at least once every six months (on dates specified by the city) a description of the nature, concentration, and flow of the pollutants required to be reported by the city. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation as required by the city to determine the compliance status of the user. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator 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 any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons approved by the administrator. This sampling and analysis may be performed by the city in lieu of the significant non-categorical industrial user. Where the POTW itself collects all the information required for the report, the non-categorical industrial user will not be required to submit the report. If the industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city using procedures prescribed above, the results of this monitoring shall be included in the report.
In addition, the city may require that any user discharging wastewater into the sanitary sewer file a periodic discharge report. The discharge report may include, but need not be limited to: nature of process, volume, rates of flow, mass emission rate, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge. Such report may also include the chemical constituents of solid, liquid or gaseous materials stored on site even though they may not normally be discharged.
C. Reporting Requirements for Industrial Users Upon Effective Date of Categorical Pretreatment Standard—Baseline Report. Within one hundred eighty days after the effective date of a categorical pretreatment standard, or one hundred eighty days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the city a report which contains the information listed in paragraphs (b)(1) through (7) of 40 CFR 403.12(b) and which includes the following:
1. Identifying Information. The user shall submit the name and address of the facility, including the name of the operator and owners.
2. Permits. The user shall submit a list of any environmental control permits held by or for the facility.
3. Description of Operation. The user shall submit a brief description of the nature of the process and average rate of production (flow, volume, substances and concentrations in the waste discharge). The user shall also submit the Standard Industrial Classification (SIC) of the operation(s) carried out by such industrial user. This description should include a schematic process diagram, indicating points of discharge to the POTW from the regulated processes.
4. Flow Measurement. User shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the regulated process streams and other streams as necessary to allow use of the combined waste stream formula.
5. Measurement of Pollutants.
a. The user shall identify the pretreatment standards applicable to each regulated process.
b. The user shall submit the results of sampling and analysis from each regulated process to the city. The daily maximum and average concentration shall be reported. The sample shall be representative of daily operations. In cases where the national pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable national pretreatment standards to determine compliance with the national pretreatment standard.
c. The proper and approved method of sampling (grab, flow-proportional composite, or time-proportional composite) will be utilized to obtain representative results.
d. A minimum of one representative sample will be taken to comply with the requirements of this section.
e. Samples should be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. All flows and concentrations must be measured to allow use of combined waste stream formula.
f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where Part 136 procedures do not include sampling or analytical techniques or where Part 136 methods are deemed (by EPA administrator) to be inappropriate, sampling and analysis shall occur according to procedures approved by EPA. 40 CFR 403.12(g)(4) states for sampling required in support of baseline monitoring and ninety-day compliance reports required in 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 city may authorize a lower minimum.
g. The baseline monitoring report (BMR) shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
h. A BMR containing historical data may only be used upon approval by the city. Ref. 40 CFR 403.12(b)(5).
6. Certification. A statement reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
7. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
At least ninety days prior to commencement of a discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in paragraphs (b)(1) through (5) of 40 CFR 403.12(b). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information required in paragraphs (b)(4) and (b)(5) of 40 CFR 403.12(b).
D. Compliance Schedule for Meeting Categorical Pretreatment Standards. The following conditions shall apply to the schedule required by 40 CFR 403.12(b)(7):
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 in subsection (D)(1) of this section shall exceed nine months.
3. No later than fourteen 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 the delay, and 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.
In accordance with 40 CFR 403.12(d), report on compliance with categorical pretreatment standard deadline, within ninety 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 industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in 40 CFR 403.12(b)(4) through (6). For industrial users subject to equivalent mass or concentration limits established by the city 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 industrial 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.
E. Certification.
1. The reports required by subsections (A), (B), (C) and (D) of this section and 40 CFR 403.12(d) shall include the certification statement:
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 assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the Person or Persons who manage the system, or those 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 fine and imprisonment for knowing violations.
2. Certification statements shall be signed as follows:
a. By a responsible corporate officer, if the industrial user submitting the reports required by subsections (A), (B) and (C) of this section and 40 CFR 403.12(b), (d), or (e) is a corporation. For the purpose of this subsection, a "responsible corporate officer" means:
(1) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; or
(2) The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
b. By a general partner or proprietor if the industrial user submitting the reports required by subsections (A), (B), (C) and (D) of this section and 40 CFR 403.12(b), (d), or (e) is a partnership or sole proprietorship, respectively.
c. By a duly authorized representative of the individual described in subsection (E)(2)(a) or (b) of this section if:
(1) The authorization is made in writing by the individual designated in subsection (E)(2)(a) or (b) of this section.
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.
(3) The written authorization is submitted to the city.
d. If an authorization under subsection (E)(2)(c) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of subsection (E)(2)(c) of this section must be submitted to the city prior to or together with any reports to be signed by an authorized representative.
F. Notification of Changed Discharge (40 CFR 403.12(j)). All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). Furthermore, all permittees shall give advance notice to the city of Petaluma of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
G. Monitoring and Analysis to Demonstrate Continued Compliance.
1. The reports required in subsections (A), (B) and (C) of this section and 40 CFR 403.12(d) 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 city, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the city in lieu of the industrial user. Where the POTW 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, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
2. If sampling performed by an industrial user indicates a violation, the user shall notify the city within twenty-four 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 thirty days after becoming aware of the violation except the industrial user is not required to resample if:
a. The city performs sampling at the industrial user at a frequency of at least once per month;
b. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the sampling results of this sampling; or
c. Where the POTW has performed the sampling and analysis in lieu of the industrial user, the POTW must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Repeat sampling and analysis must be done within thirty days of becoming aware of the violation.
3. The reports required in subsections (A), (B), (C) and (D) of this section and 40 CFR 403.12(d) shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The city shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. 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 city. Where time proportional composite sampling or grab sampling is authorized by the city, the samples 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 in a twenty-four-hour period 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.
4. All analyses shall be performed in accordance with procedures established by the EPA pursuant to 40 CFR 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA.
5. If an industrial user subject to the reporting requirements in subsection (A) of this section monitors any pollutant more frequently than required by the city, using the procedures prescribed in subsection (G)(4) of this section, the results of this monitoring shall be included in the report.
H. The permittee shall furnish to the city of Petaluma, within thirty days, any information which the city of Petaluma may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also, upon request, furnish to the city of Petaluma within five days copies of any records required to be kept by this permit.
I. Any permittee that experiences an upset in operations that places the permittee in a temporary state of noncompliance with the provisions of either this permit or with Title 15 shall inform the city of Petaluma within twenty-four hours of becoming aware of the upset condition.
J. The industrial user shall notify the POTW, the EPA Regional Waste Management Division, city, 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 comply with the requirements contained in 40 CFR 403.12(p).
K. All categorical and non-categorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings, or any changes at the facility affecting the potential for slug discharge as defined by 40 CFR 403.5(b), 403.8(f)(2)(v), and 403.8(f)(2)(vi).
A written follow-up report of the upset shall be filed by the permittee with the city within five days. The report shall specify:
1. Description of the upset, the cause(s) thereof and the upset’s impact on the permittee’s compliance status.
2. Duration of noncompliance, including exact dates and times of noncompliance, and if not corrected, the anticipated time the noncompliance is expected to continue.
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset.
If the report demonstrates that the treatment plant was operated in a prudent and workmanlike manner and in compliance with this section, a documented and verified operating upset may be used as an equitable defense to mitigate any enforcement actions brought against the permittee.
L. Notice to Employees—Discharge Regulations. In order that employees of users be informed of city requirements, users shall make available to their employees copies of these regulations together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control.
(Ord. 2402 NCS §2 (part), 2011; Ord. 2282 NCS §3 (part), 2007.)