§ 5-6-161. Baseline monitoring reports.

Within 180 days after the effective date of a new or revised categorical pretreatment standard, or 180 days after a final administrative decision regarding a category determination submission under 40 C.F.R. 403.6(a)(4), whichever is later, any existing industrial user subject to the standard or determination which is currently discharging to or scheduled to discharge to or the POTW shall submit to the authority a report which contains the information set forth in subsections (1) through (7) below. At least 90 days prior to discharging into the POTW, any new industrial user, and any user that becomes a categorical industrial user by virtue of the promulgation of the new or revised categorical pretreatment standard, shall submit to the authority a report which contains the information described in subsections (1) through (7) below; provided, that new users shall give estimates of the information requested in subsections (4) and (5). New users shall also be required to include in this report information on the method of pretreatment that the user intends to use to meet the new or revised pretreatment standard.

(1)

Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.

(2)

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

(3)

Description of operations. The industrial user shall submit a brief description of the nature, average rate of production, and the standard industrial classification of each operation carried out by the user. This description should include a schematic process diagram which indicates points of discharge from the regulated processes to the POTW.

(4)

Flow measurement. 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 its regulated process streams and from all other streams as necessary to allow use of the combined waste stream formula of 40 C.F.R. 403.6(e). The authority may allow for verifiable estimates of these flows where considerations justified by cost or feasibility.

(5)

Measurement of pollutants.

(i)

The industrial user shall identify the pretreatment standards applicable to each of its regulated processes.

(ii)

The industrial user shall conduct, and submit the results of, sampling and analyses that identify the nature and concentration, or mass where required by an applicable pretreatment standard or by the authority, of the regulated pollutants that are in the discharge from each of its regulated processes. Both daily maximum concentrations and applicable average concentrations, or mass where required, shall be reported for each regulated pollutant. All samples shall be representative of daily operations. All sampling and analyses shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and any amendments thereto; provided, that, if 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutants in question, or where the administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutants in question, sampling and analytical procedures suggested by the authority or other parties and approved by the administrator may be used.

(iii)

In conducting the sampling required by this subsection the industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.

(iv)

In conducting the sampling required by this subsection, samples shall be taken immediately downstream from pretreatment facilities associated with the industrial user, if any, or immediately downstream from the user's regulated processes if no pretreatment facility exists. If non-regulated wastewater is mixed with the user's regulated wastewater prior to treatment, the user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 C.F.R. 403.6(e) in order to evaluate compliance with each applicable pretreatment standard. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. 403.6(e), this alternate limit, along with supporting data, shall be submitted to the authority.

(v)

In its baseline report, the industrial user shall state the time, date and exact place of the sampling it has conducted pursuant to this subsection and the methods it used to analyze the samples, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the collection system and the POTW.

(vi)

The authority may allow the submission of a baseline report which provides a measurement of pollutants by utilizing only historical data, as long as the authority concludes that the data provide sufficient information for it to determine the need for industrial pretreatment measures.

(6)

Certification. The industrial user shall submit a statement, executed by an authorized representative of the user, as defined in section 5-6-172 and certified by a qualified professional as required by 40 C.F.R. 403.12(b)(6), that it is meeting all applicable pretreatment standards and requirements on a consistent basis or, if not, that identifies the additional operation and maintenance measures and/or the additional pretreatment measures that are required in order for it to meet the standards and requirements.

(7)

Compliance schedule. If additional operation and maintenance measures and/or additional pretreatment measures are required in order for an industrial user to meet any pretreatment standard, the user shall describe the shortest schedule by which it will provide and implement such additional measures. The completion date shown on such schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(8)

Modifications of pretreatment standards.

(i)

If, at the time an industrial user's baseline report is submitted, the user's categorical pretreatment standard has been modified by a removal allowance pursuant to 40 C.F.R. 403.7, by the combined waste stream formula pursuant to 40 C.F.R. 403.6(e), or by a fundamental different factors variance pursuant to 40 C.F.R. 403.13, the information required by subsections (6) and (7) shall pertain to the modified limits.

(ii)

If, subsequent to the submission of an industrial user's baseline report, the user's categorical pretreatment standard is modified by a removal allowance pursuant to 40 C.F.R. 403.7, by the combined waste stream formula pursuant to 40 C.F.R. 403.6(e), or by a fundamentally different factors variance pursuant to 40 C.F.R. 403.13, the user shall submit to the authority all amendments to the information required by subsections (6) and (7) within 60 days after the modified limit is approved.

(9)

Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the schedule required by this section.

(i)

The schedule shall contain increments of progress in the form reported by the dates for the commencement and completion of major events leading to the construction and operation of additional operation and maintenance measures and/or additional pretreatment measures required for the industrial user to meet applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction); provided, that in no event, shall an increment referred to in this subsection exceed nine months

(ii)

The industrial user shall commit that not later than 14 days following each date set forth in the schedule and the final date for compliance, it will submit a progress report to the authority which, at a minimum, states whether it has complied with the increment of progress to be met on such date and, if not, states the date on which it expects to comply with the increment of progress, the reasons for delay, and the steps being taken to adhere in the future to the compliance schedule; provided, that in no event shall more than nine months elapse between the submission of those reports to the authority. (Ord. No. 4501, 10/13/07, Sec. 1)