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)