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(1) Baseline Monitoring Reports. 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 such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the city a report which contains the information listed in subsection (a) of this section. At least 90 days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the city a report which contains the information listed in subsection (a) of this section. A new source shall also be required to report the method it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. The information required by this subsection includes:

(a) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners.

(b) Permits. The user shall submit a list of any environmental control permits held by or for the facility.

(c) Description of Operation. The user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes.

(d) Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow in gallons per day to the system 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 Pollutant.

(i) The industrial user shall identify the categorical pretreatment standards applicable to each regulated process.

(ii) In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standards or city) 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 performed in accordance with procedures set out in 40 CFR Part 136.

(iii) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling technique. If flow proportional composite sampling is infeasible, samples may be obtained through time proportional sampling techniques or through four grab samples if the user proves such a sample will be representative of the discharge.

(f) Special 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 operations and maintenance and/or additional pretreatment is required in order to meet the pretreatment standards and requirements.

(g) Compliance Schedule. If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operations and maintenance. 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 NBCC 13.12.110(6)(n).

(h) Certification and Signatures. All baseline monitoring reports must be signed and certified in accordance with NBCC 13.12.110(7), Application Signatories and Certification.

(2) Compliance Deadline Reports. Within 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 municipal wastewater system, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subsection (1)(e) and (f) of this section, Measurement of Pollutant and Special Certification. For industrial 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 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. All compliance reports must be signed and certified in accordance with NBCC 13.12.110(7), Application Signatories and Certification.

(a) 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 sample results are unrepresentative of its discharge.

(b) In the event an industrial user’s monitoring results indicate a violation has occurred, the industrial user must immediately (within 24 hours of becoming aware of the violation) notify the superintendent and resample its discharge. The industrial user must report the results of the repeated sampling within 30 days of discovering the first violation.

(3) Report of Changed Conditions. Each industrial user is required to notify the superintendent of any planned significant changes to the industrial user’s operations or pretreatment systems which might alter the nature, quality or volume of its wastewater.

(a) The superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application under NBCC 13.12.110(6), Wastewater Permit Application Contents, if necessary.

(b) The superintendent may issue a wastewater permit under NBCC 13.12.110(8), Wastewater Permit Decisions, or modify an existing wastewater permit under NBCC 13.12.120(4), Wastewater Permit Modifications.

(c) No industrial user shall implement the planned changed condition(s) until and unless the superintendent has responded to the industrial user’s notice.

(d) For purposes of this requirement, flow increases of 20 percent or greater and the discharge of any previously unreported pollutant shall be deemed significant.

(4) Reports of Potential Problems. Each industrial user shall provide protection from accidental or intentional discharges of prohibited materials or other substances regulated by this chapter. Facilities to prevent the discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter.

(a) No industrial user which commences contribution to the system after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city.

(b) In the case of an accidental or other discharge which may cause potential problems for the municipal wastewater system, it is the responsibility of the user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(c) Within five days following an accidental discharge, the user shall, unless waived by the superintendent, 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 system, natural resources, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter.

(d) Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.

(e) 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 subsection (4)(b) of this section. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.

(5) Reports from Noncategorical Users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater permit shall provide appropriate reports to the city as the superintendent may require.

(6) Sample Collection. Except as indicated in subsection (6)(a) of this section, wastewater samples collected for purposes of determining industrial user compliance with pretreatment standards and requirements must be obtained using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the superintendent may authorize the use of time proportional sampling.

(a) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides and volatile organic chemicals must be obtained using grab collection techniques.

(7) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, or if 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question in accordance with procedures approved by the EPA, DEQ, and the city.

(8) Monitoring Charges. The superintendent may recover the city’s expenses incurred in collecting and analyzing samples of the industrial user’s discharge by adding the costs to the industrial user’s sewer charges.

(9) Timing. Written reports will be deemed to have been transmitted at the time of deposit, postage prepaid, into a mail facility serviced by the United States Postal Service.

(10) Record Keeping. Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under 40 CFR 403.12(o). These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the superintendent. (Ord. 1770 § 2, 1991; Ord. 1104 § 8(E), 1958)