Section 134-18 SIGNIFICANT INDUSTRIAL USER REPORTING REQUIREMENTS
A. BASELINE
MONITORING REPORTS - Within one
hundred eighty (180) days after the effective date of a Categorical
Pretreatment Standard or one hundred eighty (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
Town a
report which contains the information listed in Subsection A(1) through
(8)
below. At least ninety (90) days prior to commencement of their
discharge,
new sources, including existing significant industrial users which have
changed
their operation or processes so as to become new sources, shall be
required to
submit to the Town a report which contains the information listed in
Subsection
A(1) through (8). A new source shall also be required to report
the
method of pretreatment it intends to use to meet applicable categorical
standards. A new source shall also give estimates of its anticipated
flow and
quantity of pollutants discharged. The information required in this
section
includes:
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 Operations:
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 process.
4.
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 waste
stream
formula set out in 40 CFR 403.6(e).
5.
Measurement of Pollutants:
a.
The industrial user shall identify the
Categorical Pretreatment Standard applicable to each regulated process.
b.
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 standard or
Town) 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 136.
c.
A minimum of four (4) grab samples must be
used for pH temperature, cyanide, total phenols, oil and grease,
sulfide
and volatile organics. All other pollutants will be measured by
composite
samples obtained through flow- proportional sampling techniques. If
flow-proportional composite sampling is infeasible, samples may be
obtained
through time-proportional sampling techniques or through four (4) grab
samples
if the user proves such a sample will be representative of the
discharge. See
Section 134-5A for specific Pollutant Limitations.
6.
Special Certification: The
user shall submit 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 & M) and/or additional
pretreatment
is required in order to meet the pretreatment standards and
requirements.
7.
Compliance Schedule: If
additional pretreatment and/or O&M will be required to meet the
pretreatment standards, the user shall submit the shortest schedule by
which
the industrial 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. All
compliance
schedules must meet the following requirements:
a.
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);
b.
No increment referred to above shall
exceed nine (9) months;
c.
The user shall submit a progress report to
the Town no later than fourteen 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
d.
In no event shall nine (9) months
elapse between such progress reports to the Town.
(Ord.
No. 2-05 Added (a - d) 12-20-04-Effective Upon Passage)
8.
Signature and Certification. All baseline
monitoring reports
must be signed and certified.
B. COMPLIANCE
DEADLINE REPORTS - 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 municipal wastewater system,
any
industrial user subject to such pretreatment standards and requirements
shall
submit to the Town a report containing the information described in
Section
134-18A (5) and (6). 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.
C. PERIODIC
COMPLIANCE REPORTS
1.
Any significant categorical or
non-categorical industrial user subject to a pretreatment standard
shall, at a
frequency determined by the Administrator but in no case less than
quarterly
submit a report indicating the nature and concentration of pollutants
in the
discharge which are limited by such 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.
(Ord.
No. 2-05 Amended 12-20-04-Effective Upon Passage)
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 sample
results are
unrepresentative of its discharge.
3.
If a user subject to the reporting
requirement in this section monitors any pollutant more frequently than
required by the Administrator, using the procedures described in
Section 134-13
(C) of this ordinance, the results of this monitoring shall be included
in this
report.
(Ord.
No. 2-05 Added (3) 12-20-04-Effective Upon Passage)
4.
In the event that an industrial
user's monitoring results indicate a violation has occurred, the
industrial
user must immediately notify the Town (within 24 hours) and resample
its
discharge. The industrial user must report the results of the repeated
sampling
within thirty (30) days of discovering the first violation. The
industrial user is not required to resample if the Town monitors at the
user's
facility at least once a month, or if the Town samples between the
user's
initial sampling and when the user receives the results of this
sampling.
(Ord.
No. 2-05 Amended (4) 12-20-04-Effective Upon Passage)
D. REPORT
OF CHANGED CONDITIONS - Each industrial
user is required to notify the Administrator of any planned significant
changes, as defined in Section 134-18 (D)(4) to the industrial user's operations
or pretreatment systems which might alter the
nature, quality or volume of its wastewater.
1.
The Administrator 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, if necessary.
2.
The Administrator may issue a wastewater
permit or may modify an existing wastewater permit in response to
changed
conditions or anticipated changed conditions.
3.
No industrial user shall implement the
planned changed condition(s) until and unless the Administrator
has responded to the industrial user's notice.
4.
For purposes of this requirement, flow
increases of ten percent (10%) or greater and the discharge of any
previously unreported pollutant shall be deemed significant.
E. REPORTS
OF POTENTIAL PROBLEMS - Each industrial
user shall provide protection from accidental or intentional discharges
of
prohibited materials or other substances regulated by this Article.
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 Town for review and shall be
approved
by the Town 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 Article.
1.
No industrial user which commences
contribution to the system after the effective date of this Article
shall be
permitted to introduce pollutants into the system until accidental
discharge
procedures have been approved by the Town.
2.
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 Town 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.
3.
Within five (5)
days following an accidental discharge, the user shall, unless waived
by the
Administrator, 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 Article.
4.
Failure to notify
the Town of potential problem discharges shall be deemed a separate
violation
of this Article.
5.
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 E (2) above. Employers shall ensure that all employees
who may
cause or suffer such a discharge to occur are advised of the emergency
notification procedure.
F. REPORTS
FROM NONCATEGORICAL USER - All
industrial users not subject to Categorical Pretreatment Standards and
not
required to obtain a wastewater permit shall provide appropriate
reports to the
Town as the Administrator may require.
G. SAMPLE
COLLECTION
1.
Except as indicated in Subsection G(2)
below, 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 that
flow-proportional sampling is not feasible, the Administrator may
authorize the
use of time-proportional sampling.
2.
Samples for oil and
grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and
volatile
organic chemicals must be obtained using grab collection
techniques.
H. 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 136 or, if 40 CFR 136 does not contain
sampling
or analytical techniques for the pollutant in question, in accordance
with
procedures approved by the EPA and the Town.
I. MONITORING
CHARGES - The Administrator may recover
the Town'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.
J. TIMING
- Written reports will be deemed
transmitted at the time of deposit, for mailing postage prepaid, into a
mail
facility of the United States Postal Service.
K. RECORDKEEPING
- 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). 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 compliance with this Article or where the
industrial user
has been specifically notified of a longer retention period by the
Administrator.
(Ord.
No. 2-05 Amended 12-20-04-Effective Upon Passage)
L. INSPECTION
AND SAMPLING - The Town, and/or its
duly authorized agents, bearing credentials and identification, shall
have the
right to enter the facilities of any industrial user to ascertain
whether the
purpose of this Article is being met and all requirements are being
complied
with. Industrial users shall allow the Administrator, or his
representatives, ready access to all parts of the premises for the
purposes of
inspection, sampling, records examination and copying and the
performance of
any additional duties.
(Ord.
No. 2-05 Amended 12-20-04-Effective Upon Passage)
1.
Where a user has security measures in force
which require proper identification and clearance before entry into its
premises, the industrial user shall make necessary arrangements with
its security
guards so that, upon presentation of suitable identification,
personnel
from the Town, state and USEPA will be permitted to enter,
without
delay, for the purposes of performing their specific
responsibilities.
2.
The Town, state and
USEPA shall have the right to set up or require installation of, on the
industrial user's property, such devices as are necessary to conduct
sampling
and/or metering of the user's operations.
3.
The Town may require the industrial user to
install monitoring equipment, as necessary. The facility's
sampling and
monitoring equipment shall be maintained at all times in a safe and
proper
operating condition by the industrial user at the industrial user's
expense.
All devices used to measure wastewater flow and quality shall be
calibrated
periodically to ensure their accuracy.
4.
Unreasonable delays in allowing Town
personnel access to the industrial user's premises shall be a violation
of this
Article.
5.
The Town and/or its agents may randomly
sample and analyze the effluent from industrial users and conduct
surveillance
activities in order to identify, independent from information supplied
by
industrial users, occasional and continuing noncompliance with
pretreatment
standards. The Town and/or control authority must evaluate a least once
a year
whether a significant industrial user needs a plan to control slug
discharges.
For the purpose of this subsection, a slug discharge is any discharge
of a
non-routine, episodic nature, including but not limited to, an
accidental spill
or a non-customary batch discharge. If the Town and/or approval
authority
decides that a slug control plan is needed, the plan shall contain, at
a
minimum, the following elements:
a. Description of discharge practices, including non-routine
batch
discharges;
b. Description of stored chemicals;
c.
Procedures for immediately notifying the
Town of slug discharges, including any discharge that would violate a
prohibition under 40 CFR Part 403.5(b), with procedures for follow up
written
notification within five (5) days;
d.
If necessary, procedures to prevent adverse
impact from accidental spills, including inspection and maintenance of
storage
areas, handling and transfer of materials, loading and unloading
operations,
control of plant site runoff, worker training, building of containment
structure or equipment, measures for containing toxic organic
pollutants
(including solvents), and/or measures and equipment for emergency
responses.
(Ord.
No. 2-05 Added (5) (a-d) 12-20-04-Effective Upon Passage)
M.
CONFIDENTIAL INFORMATION - Information and data on a
user obtained from reports, surveys, wastewater discharge permit
applications,
wastewater discharge permits and monitoring programs, and from the
Town's
inspection and sampling activities, shall be available to the public
without
restriction, unless the user specifically requests, and is able to
demonstrate
to the satisfaction of the Town, that the release of such information
would
divulge information, processes, or methods of production entitled to
protection
as trade secrets under applicable State law. Any such request must be
asserted
at the time of submission of the information or data. When requested
and
demonstrated by the user furnishing a report that such information
should be
held confidential, the portions of a report which might disclose trade
secrets
or secret processes shall not be made available for inspection by the
public,
but shall be made available immediately upon request to governmental
agencies
for uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report.
Wastewater
constituents and characteristics and other "effluent data" as defined
by 40 CFR Part 2.302 will not be recognized as confidential information
and
will be available to the public without restriction.
(Ord.
No. 2-04 Added 12-20-04-Effective Upon Passage)
N.
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:
a. the name of
the hazardous waste as set forth in 40 CFR Part 261,
b. the EPA
hazardous waste number, and
c. the type of
discharge (continuous, batch, or other).
2.
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:
a. An
identification of the hazardous constituents contained in the wastes;
b.
An estimation of the mass and concentration
of such constituents in the waste stream discharged during that
calendar month,
and
c.
An estimation of the mass of constituents
in the waste stream expected to be discharged during the following
twelve (12)
months.
3.
All notifications must take place no
later than one hundred and eighty (180) days after the discharge
commences. Any
notification under this paragraph need to be submitted only once for
each
hazardous waste discharged. However, notifications of changed
conditions must be
submitted under Section 134-18(D) of this ordinance. 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 Sections 134-18(A), 134-18(B) and 134-18(C) of this
ordinance.
4.
Dischargers are
exempt from the requirements of paragraph A, 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
Part
261.30(d) and Part 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 Part 261.30(d) and Part
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.
5.
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 use must notify the Town, 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.
6.
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.
7.
This
provision does not create a right to discharge any substance not
otherwise
permitted to be discharged by this ordinance, a permit issued there
under, or
any applicable Federal or State law.
(Ord.
No. 4-92 Amended Entire Section 4-27-92-Effective Upon
Passage)
(Ord. No. 2-05 Added (N)(1-6)12-20-04-Effective
Upon Passage)