Chapter 9.20
ADMINISTRATION
Sections:
9.20.010 Wastewater discharges.
9.20.020 Responsibility of users.
9.20.030 Classes of users.
9.20.040 Wastewater discharge permit.
9.20.050 Reporting requirements.
9.20.060 Monitoring.
9.20.070 Signatory requirements.
9.20.080 Rights of entry.
9.20.090 Pretreatment.
9.20.100 Publication of users in significant noncompliance.
9.20.110 Records retention.
9.20.120 Confidential information.
9.20.010 Wastewater discharges.
It shall be unlawful to discharge any waste or wastewater to any district facility without a district permit except as is authorized by the provisions of this chapter. [Ord. 11-7-00 § 4.1]
9.20.020 Responsibility of users.
It shall be the responsibility of the user to comply with all of the provisions of this pretreatment chapter. The omission to act by the district and/or the failure of the district to take cognizance of the nature of the operation of the user and/or the properties of the user's wastewater, shall not relieve the user of responsibility to comply with the conditions of this chapter, including, but not limited to, such requirements regarding permitting, pretreatment, monitoring and reporting. It shall be the responsibility of the user to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this chapter prior to any discharge of wastewater, whether or not the user has been informed by the district of the requirements which may apply to the user regarding its discharge.
All users must notify the district of changes to be made to processes or methods of operation, which may affect the nature of the discharge. This information shall be reported to, and be approved by, the district prior to the user's initiation of the changes.
All industrial users who meet the definition of Class I, Class II, or Class III and who are currently connected or contribute to the district's facilities, or who propose to connect or contribute to the district facilities, shall make application for a wastewater discharge permit. This application shall be made before connecting to or contributing to the district's facilities or within 90 days after the enactment of this chapter in the event the user is currently connected and not currently permitted. All existing industrial users connected to or contributing to the district's facilities and having a current wastewater discharge permit shall be required to obtain a new permit upon the expiration of their existing permit.
Class IV users may be required to receive a permit in order to connect to the district facilities or to continue to discharge to district facilities. At such time as the district undertakes such a program to permit Class IV users, existing Class IV users will be required to apply for a permit within 90 days of notice to said users by personal service, mail or publication. Thereafter it shall be the responsibility of all Class IV users prior to connection to obtain a permit. [Ord. 11-7-00 § 4.2]
9.20.030 Classes of users.
The district will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to district facilities on the basis of each user's waste quality, quantity and flow. The classification will further provide a means of imposing an appropriate level of oversight, control and enforcement according to the source of the discharge. The classification system will also allow equitable recovery of district capital and operating costs for the source control program. As set forth in WCWDC 9.05.020, Definitions, there are two categories of users; to wit, domestic users and nondomestic users. Nondomestic users are categorized as Class I, II, III, or IV.
All users are subject to the prohibitions set forth in this chapter, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the district board either by ordinance or resolution.
Domestic users under normal circumstances will not be required to apply for or receive a wastewater discharge permit as defined in this chapter; provided, that said domestic user discharges only that wastewater which is consistent with the definition of domestic wastewater set forth herein.
Nondomestic users may be subject to wastewater discharge permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes, including discharge samples, as may be necessary for the district to determine whether such user should be designated as Class I, II, III or IV. Industrial users must, if requested, provide such other information regarding the nature of the entity, its operations, storage and use of chemicals, and storage and use of hazardous substances, as may be reasonably necessary to make such determination as to the classification of said user. The district may also require information relating to potential for accidental discharges to a district facility of hazardous or prohibited substances. Such inquiries may include information regarding the current disposal procedures of the user with regard to chemicals and/or substances, which are not in the ordinary course of the user's operations discharge to a district facility.
A. Class I. For the purpose of this chapter, any user subject to the national categorical pretreatment standards is a categorical industrial user (CIU), and will be designated a Class I user.
B. Class II. The district may designate a nondomestic user who is not subject to a national categorical pretreatment standard, but may be considered a significant industrial user (SIU), to be a Class II user, based on whether the discharge of wastewater is equal to or greater than 25,000 gallons per average work day flow, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment standard, including any standard identified in this chapter or local limit set by resolution of the district board, or whether it may, in the opinion of the district, have a significant impact, either singularly or in combination with other contributing industries, on the district's ability to meet the objectives of this chapter.
In addition, the designation of a nondomestic user as a Class II user may be based on the unusual character of the wastewater due to its volume, strength, composition, or its derivation from a hazardous waste or substance, or the potential variability in the character of the wastewater, or on the potential for increased administrative cost to the district due to the unusual character of the waste. Any additional administrative costs to be considered may include increased potential for the administrative oversight by federal, state and local agencies as well as the potential for increased liability exposure and associated legal costs. The district may also take into consideration difficulties in enforcement of this chapter under a wastewater discharge permit and the enforcement violation and compliance history of the user with the district, as well as other regulatory agencies.
C. Class III. The district may designate any nondomestic user, who is not designated as a Class I or Class II user, as a Class III user. Class III users may include nondomestic users who are not industrial nor commercial users and (1) have a reasonable potential to adversely affect the district's ability to meet the objectives of this chapter; or (2) generate hazardous waste, whether or not said waste is discharged into the sanitary sewer system, or if, in the determination of the district, there is a potential for this waste to be discharged into the sewer, even through accident in nonprocess or process of handling of the waste; or (3) store or use hazardous materials, whether or not a hazardous waste is produced in an industrial or commercial process if, in the determination of the district, a potential exists for significant impact upon the district facilities due to a release of these materials into the environment.
Class III users may be individually designated by the district based on the criteria set forth above, or on categorization of the user as a member of a particular business category. A Class III user designation may include, but is not limited to, landfill operations, landfill leachate, or ground water cleanup sites.
D. Class IV. Any nondomestic user, who is not designated as a Class I, Class II, or Class III user, may be designated as a Class IV user if the user (1) has a reasonable potential to adversely affect the district's ability to meet the objectives of this chapter; or (2) generates hazardous waste, whether or not said waste is, in the normal course of the industrial or commercial process, discharged into the sanitary sewer system, or if, in the determination of the district, there is a potential for this waste to be discharge into the sewer, even through accident in nonprocess or process of handling of the waste; or (3) stores or uses hazardous materials, whether or not a hazardous waste is produced in the industrial or commercial process if, in the determination of the district, a potential exists for significant impact upon the district facilities due to a release of these materials into the environment.
Class IV users may be individually designated by the district based on the criteria set forth above or on categorization of the user as a member of a particular business category. The Class IV user designation shall include, but is not limited to, the following business categories: analytical laboratories, clinical laboratories, dry cleaners, laundries, vehicle maintenance facilities, vehicle repair facilities, gasoline stations, printing shops, printing allied industries, photo processors, pesticide formulators, pesticide applicators, dental offices, dental laboratories and x-ray laboratories, and veterinary providers. [Ord. 11-7-00 § 4.3]
9.20.040 Wastewater discharge permit.
A. Permit Application. All Class I and Class II users are required to obtain a wastewater discharge permit by completing and filing with the district an application in the form prescribed by the district. Class III and Class IV users may also be required to file an application. A permit fee, listed in Appendix B attached to the ordinance codified in this chapter1, may be assessed at the time of the application. Existing Class I, Class II, Class III and Class IV users (except those with current permits) shall apply for a wastewater discharge permit within 90 days following the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least 30 days prior to connecting to or contributing to the district's facilities. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information:
1. Name and address of the operator or owner and location of the facility for which the permit application is being made.
2. SIC number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended, for all operations conducted at the facility.
3. A list of all environmental control permits and hazardous substance release response (spill) plans that are held by or for the facility.
4. Time(s) and duration of all process discharges.
5. Average daily and 15-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any. Flow rates shall be provided for each regulated process stream.
6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.
7. Description of activities, facilities and plant processes on the premises including all materials, which are or could be discharged. A description of any and all existing or proposed wastewater pretreatment facilities. Construction drawings and design criteria shall also be submitted.
8. The nature and concentration of any pollutants in the discharge which are limited by the district, state, or national pretreatment standard, or which are otherwise requested by the district. Pollutant data shall be provided for each regulated process stream. In the case of an existing user, a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards.
9. The nature and concentration of any pollutants in the discharge, which are limited by state or federal standards concerning the release or discharge of any hazardous substance or waste.
10. If additional pretreatment, housekeeping, process changes and/or operations will be required to meet the pretreatment standards; the shortest schedule by which the user shall provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established by the EPA, the state or the district for the applicable standard.
The following conditions will apply to this schedule:
a. 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 user to meet the applicable standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
b. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the district manager including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
11. Each product produced by type, amount, process or processes and rate of production.
12. Type and amount of raw materials processed (average and maximum per day).
13. Number, type and volume/amount of hazardous substances stored on the premises and a description of the method of storage and/or the containment device for such substance.
14. A description of the spill protection and emergency response procedures used or proposed to be used at the facility.
15. Waste minimization plans or audits.
16. Number and classification of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
17. A certification statement that the information presented in the permit application is true and accurate to the best of the responsible person's knowledge.
18. Any other information as may be deemed by the district to be necessary to evaluate the permit application.
B. Permit Application Evaluation. All new prospective industrial users shall arrange for a district representative to conduct a walk-through site inspection of the user's facilities during the 90-day period prior to connecting to the district's facilities. New industrial users shall submit to the district, within 90 days after commencement of discharge to the district's facilities, an analysis of said discharge delineating wastewater constituents and characteristics including, but not limited to, those mentioned in Chapter 9.10 WCWDC.
The district will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the district may determine that no wastewater discharge permit is required, or the district may determine that the user is either a Class I, Class II, Class III or Class IV user.
If the district determines that the user is a Class I, Class II or Class III user, the district will issue a wastewater discharge permit subject to the terms and conditions provided in this chapter. If the district determines that the user is a Class IV user, the district may issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.
C. Permit Conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this chapter, including but not limited to, the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the district's facilities.
2. Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants.
3. Limits on average and maximum rate and time of discharge or requirements for flow regulation and/or equalization.
4. Requirements for installation and maintenance of sampling and flow metering facilities.
5. Requirements for monitoring programs which may include flow metering, sampling locations, methods of sampling, frequency of sampling, number, types and standards for tests and reporting schedule.
6. Compliance schedules.
7. Requirements for submission of technical reports or periodic compliance reports.
8. Requirements for maintaining and retaining, for a minimum of three years, plant records relating to wastewater discharge, hazardous waste manifests and chemical inventories as specified by the district.
9. Requirements for notification of the district of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into district facilities.
10. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility.
11. Requirements for providing the district with design and construction plans and specifications of the wastewater pretreatment facility, whether proposed or in existence.
12. Requirements for providing the district with plans and specifications of the discharger's industrial or commercial operation and/or processes, including such other information as the district may reasonably request that pertains to the industrial user's operation.
13. Requirements for providing the district with waste minimization audits/plans.
14. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system.
15. Requirements for the notification of the district of planned alterations of the operations processes of the industrial user, which could result in an alteration of the user's process discharge or the potential for an accidental spill or slug discharge.
16. Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury or severe property damage.
17. Requirement that the discharger notify the district prior to any proposed bypass other than due to accident or emergency.
18. Requirements to have emergency spill plans on file with the district.
19. Requirements to certify that the industrial user has not discharged through a district facility hazardous substances without a permit, which substances have been stored or used in the user's process and which the user contends will not, in the ordinary course of the user's operation, enter the sewer system.
20. Requirements for resampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that have been or shall be taken to prevent a recurrence of the violation.
21. Requirements for providing access to district personnel at all reasonable times to conduct sampling and/or inspection of any and all processes which can contribute to waste stream, including the actual wastewater discharge.
22. Requirements for providing the district with operation and maintenance records for the wastewater pretreatment facility, including periodic updates, as appropriate.
23. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions.
24. Signatory requirements specifying the responsible corporate officer for the industrial user.
25. Other conditions as deemed appropriate by the district to ensure compliance with this chapter.
26. Technical provisions or requirements related to the wastewater pretreatment facility which, in the opinion of the district, may be necessary to ensure the adequacy and reliability of the wastewater pretreatment system. These technical conditions may include conditions requiring continuous monitoring, training personnel, alarm systems, automated shutoff, flow-through monitoring, and/or provisions for discharges in batch amounts only subsequent to sample testing.
D. Duration of Permits. Permits will be issued for a specified time period, not to exceed three years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the district during the term of the permit as limitations or requirements, as identified in Chapter 9.10 WCWDC, are modified or other just cause exists. The user will be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit will include a reasonable time schedule for compliance.
E. Wastewater Discharge Permit. The district will require Class I, Class II, and Class III users to have a wastewater discharge permit for connecting to or contributing wastewater to district facilities. Class IV users may also be required obtain a wastewater discharge permit. The wastewater discharge permit will incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by the district board by resolution. In addition, the permit may contain additional provisions, including but not limited to, the following:
1. Provisions for liquidated damages for discharges in violation of the discharge prohibitions and limitations of this chapter and/or of such special prohibitions or limitations as may be set forth in the permit. These liquidated damages provisions may be proposed without regard to proof of pass-through, damage to the environment, or interference with district facilities or operations and may be assessed on a strict liability basis for violation of the noted provisions.
2. Requirements for providing proof of insurance, indemnification of the district, and bonding in order to adequately protect the district, in its judgment, from the potential of the increased exposure to liability due to the user's discharge.
3. Provisions for revocation of the permit and wastewater sewer service for violation of this chapter or other wastewater permit condition(s).
4. Any and all other conditions as may be deemed appropriate by the district to ensure compliance with all provisions of this chapter and the objectives set forth herein.
F. Permit Modifications. Within 90 days of promulgation of a national pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. When a user, subject to a national pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by subsection (A) of this section, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the district manager within 180 days after the promulgation of an applicable national pretreatment standard the information required by subsection (A) of this section.
In the event the district determines that it is necessary in order to comply with the objectives of the chapter to impose more stringent limitations or requirements on discharges to the district facilities than are set forth in an existing permit (for reasons other than issuance of a new national pretreatment standard), the district shall have the right to require such reasonable modifications of an existing permit to incorporate such more stringent limitations or requirements. In the event such permit modification is required, the user will be provided with reasonable time to make such modifications to its processes or procedures as may be required to meet the more stringent limitations and requirements. After consultations with the user, a compliance schedule agreement will be issued which would set forth a reasonable schedule for the user to comply with the more stringent standards. If the permit modification will require construction or acquisition of equipment related to pretreatment, the compliance schedule agreement will provide for up to 180 days to comply; however, this period may be extended for a period not to exceed an additional 180 days upon determination by the district manager or district engineer that good cause exists for an additional period. To the extent that the user remains in compliance with the permit conditions in effect prior to amendment during the compliance period, the user shall not be liable pursuant to the terms of this chapter for noncompliance with the more stringent standards or requirements during the period of the compliance schedule agreement, provided that the user is also complying with the terms of said compliance schedule agreement.
G. Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior approval of the district. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this chapter, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other as signs of an existing contract of permit holder. [Ord. 11-7-00 § 4.4]
9.20.050 Reporting requirements.
A. Notification of Slug Discharge or Accidental Discharge or Accidental Spill. It is the responsibility of all users to immediately telephone and notify the district of any slug discharge or accidental discharge or accidental spill as defined in WCWDC 9.05.020. Notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
1. Written Notice. Within five days following the accidental discharge, accidental spill, or slug discharge, the user shall submit to the district manager a detailed written report describing the cause of the incident 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 district facilities, fish kills, or any other damage to person or property; nor shall notification relieve the user of any fines, penalties, or other liability which may be imposed by this chapter or other applicable law.
2. Notice to Employees. Users who are employers shall permanently post a notice on their bulletin board or other prominent place advising employees of the user whom to call in the event of such a discharge. The user shall ensure that all employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure.
B. Baseline Monitoring Report (BMR). All industrial users, subject to categorical pretreatment standards, shall submit to the district a baseline monitoring report within 180 days of the effective date of a categorical pretreatment standard or 180 days after final decision on a category determination by the EPA or the state, whichever is earlier. The baseline monitoring report shall contain the information specified in 40 CFR 403.12(b), including a statement, reviewed by an authorized representative of the industrial user, and certified by a qualified professional indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements. The information required for application for a permit under WCWDC 9.20.040(A) and/or for modification of a permit under WCWDC 9.20.040(F) may fulfill the requirements of the baseline monitoring report. If in submitting information to apply for or modify a permit, the user also intends to fulfill the requirements for the baseline monitoring report, the user shall so state.
C. Compliance Report. Within 90 days following the date for final compliance with applicable pretreatment standards and requirements or, in the case of a new user connection, following commencement of the introduction of wastewater into district facilities, any user subject to pretreatment standards and requirements shall submit to the district, per 40 CFR 403.12(b), a report which includes the following information:
1. Name and address of facility, including the name of the operator and owners.
2. List on any environmental permits held by and for the facility.
3. Description of operations, including:
a. Nature of operations.
b. Average rate of production.
c. SIC code.
d. Diagram of discharge points to the sanitary system.
4. Flow measurement, in gallons per day.
5. Measurement of pollutants.
6. Certification statement signed by an authorized representative of the industrial user.
7. Compliance schedule, if additional pretreatment and/or actions that will be required to meet pretreatment standards.
Filing of this compliance report does not relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law or failure to meet the applicable pretreatment standards and requirements subsequent to the date for final compliance with such applicable standard.
D. Compliance Schedule Reports. Compliance schedule reports must include the following (40 CFR 403.12(c)):
1. A schedule containing increments of progress leading to construction and operation of additional pretreatment required for compliance of categorical standards.
2. Increments of progress shall not be greater than nine months.
3. Progress report shall be submitted to the district, not later than 14 days following the end date in the schedule, whether or not it complied with the increments of progress set forth in the schedule.
E. Periodic Compliance Reports.
1. Class I and II users, SIUs, shall submit a report to the district twice a year or more frequently as specified in the permit. Unless otherwise specified in the permit, reports for Class I industrial users are due on the thirtieth of January and December of each year. Class III users may be required to submit periodic compliance reports depending on the nature of their discharge. Periodic compliance reports shall be submitted within 45 days of collection of the wastewater samples. The compliance report shall contain such information as may be deemed by the district to be necessary to ensure compliance with the provisions of this chapter. Compliance reports shall, at a minimum, contain the following:
a. The results of sampling and analysis showing the nature and concentration of pollutants which are limited by pretreatment standards or which are specified in the permit for each regulated stream.
b. A record of average and maximum daily flows for the reporting period for each regulated stream.
c. Such other wastewater effluent data as the user has obtained since the last compliance report, whether or not that data is specifically required by the user's permit.
d. Methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.
e. For those CIUs subject to production-based pretreatment standards, the user's actual average production rate for the reporting period.
2. Resampling Requirement. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user's permit, the user shall inform the district within 24 hours of becoming aware of the violation, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within 30 days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within five days of discovering the violation, with a cover report setting forth the causes of the violation, the remedial actions taken to date in regard to the violation, and the scheduled additional actions which will be implemented to prevent a recurrence.
3. The district may also at any time require a signed statement by the user setting forth management practices and/or material usage practices which have an effect on the nature, volume and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standards and requirements.
4. The district may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required under subsection (E)(1)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of all sampling and analysis of the discharge, including the flow, concentration and mass of pollutants regulated by the applicable pretreatment standard. The user shall provide the actual average production rate of the regulated processes during the reporting period. [Ord. 11-7-00 § 4.5]
9.20.060 Monitoring.
A. Monitoring Requirements. Any user may be required to provide wastewater samples and/or monitoring results or to submit to monitoring by the district to assist the district in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this chapter.
1. Classification Sampling. All industrial users may be required to sample and analyze their discharge to determine the appropriate class of the user. Classification sampling shall be at the district's request. The number and type of samples and pollutants analyzed shall be as specified by the district in order to adequately characterize the users discharge(s).
2. Baseline Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge as part of a permit application or modification of a permit as specified in WCWDC 9.20.040(A) and (F). In addition, all users subject to categorical pretreatment standards who are required to submit baseline monitoring reports, as specified in WCWDC 9.20.050(B), shall sample and analyze their discharge in accordance with the requirements of 40 CFR 403.12(b). Samples shall be analyzed for constituents or characteristics including, but not limited to, those mentioned in Chapter 9.10 WCWDC and/or in applicable state or national pretreatment standards or as otherwise required by the district.
3. Initial Compliance Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge for the compliance report as specified in WCWDC 9.20.050(C). Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by the district.
4. Periodic Compliance Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge to evaluate compliance with the user's permit. Periodic compliance monitoring shall be conducted at least twice each year unless specified more frequently in the user's permit or in the applicable national pretreatment standard. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by the district.
5. Confirmation Sampling. Whenever sampling results indicate that the user's discharge is in violation of any pretreatment standard, the user shall collect a second sample to assess the degree of violation. For the second sample, the user need only analyze for the pollutant(s) found to be in violation. The user shall provide the district with the results from the confirmation sampling within 30 days of the date the violation was discovered.
6. Sampling and Evaluation Program. If confirmation sampling indicates a second violation, then the district may initiate a sampling and evaluation program (SEP). The SEP will be conducted by the district and may include collection of from three to five samples. The SEP will establish whether there is continued noncompliance by the user. Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation.
7. Other Compliance Sampling. All Class I, Class II and Class III industrial users may be required by the district to conduct compliance sampling in addition to those described above. This could include, but is not limited to, sampling required by the district in an enforcement compliance schedule agreement.
8. District Sampling. The district may collect and analyze samples on its own or request the user to split samples to evaluate compliance with this chapter or the user's permit. The district also reserves the right to conduct all sampling and analysis for the user with all costs to be paid by the user. In the event that data obtained by the district differs from data provided by the user, the district's data shall be presumed accurate unless and until the user provides substantial evidence otherwise. In the event that the district performs the sampling, whether announced or unannounced, the user may request that the district split its samples and provide one of the split samples for the user's independent analysis.
B. Sampling Procedures. All sampling and testing undertaken for the purpose of compliance with the sampling and reporting requirements of this chapter shall be undertaken in the manner set forth herein. Except as otherwise provided in this section, each sample shall be a composite, discrete sample, which reflects the discharge of the user's regulated waste stream(s) throughout the entire work day or 24-hour period. Samples for pH, cyanide, sulfide, phenols, oil and grease, and volatile organics shall be grab samples. Minimum frequency for composite samples shall be each hour, and for grab samples, at least every four hours. Each regulated waste stream shall be sampled and analyzed separately unless the user's permit allows for sampling and analyzing the combined waste streams.
The methods of obtaining the sample shall be specified by the district in the user's permit. As an alternative, a sampling program proposed by the user shall be submitted to the district for review prior to initiating said program. The district may state special sampling requirements as needed to ensure compliance with this chapter.
C. Sampling and Analytical Procedures. All samples shall be collected, preserved, and analyzed in accordance with the procedures presented in the Code of Federal Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants). Unless approved otherwise by the district, all analyses shall be performed by laboratories certified by the state for the specific pollutants and matrix to be analyzed.
D. Sampling Records. For each sampling event, the user shall record and maintain the following information:
1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.
2. Sample preservation used.
3. The dates analyses were performed.
4. Chain of custody of sample.
5. Who performed the analyses.
6. The analytical techniques/methods used.
7. The results of such analyses.
E. Monitoring Facilities. The district may require monitoring facilities, to be provided and operated at the user's own expense, to allow inspection, sampling, and flow measurement of regulated discharge. The monitoring facility shall be accessible to district staff at all times and should normally be situated on the user's premises, but the district may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the district requirements and all applicable local construction standards and specifications. [Ord. 11-7-00 § 4.6]
9.20.070 Signatory requirements.
All applications, reports or other information submitted to the district must contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision and in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those 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 knowingly submitting false information, including the possibility of fine and imprisonment for knowing violations.
This statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 403.12(l)(1 – 4). BMRs and 90-day compliance reports shall also be certified by a qualified professional in accordance with 40 CFR 403.12(b)(6). [Ord. 11-7-00 § 4.7]
9.20.080 Rights of entry.
The district has the right of inspection of the facilities of any user to ascertain whether the objectives of this chapter are being met and all standards and requirements are being complied with. Persons or occupants of premises where wastewater is generated or discharged, or where hazardous substances or hazardous wastes are present, shall allow the district or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, photographing, analysis, records examination, records copying or performance of any of their duties. The district, or its authorized representative, accompanied by such other representatives of other public agencies as may be appropriate, shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper identification and clearance before entry onto their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the district, along with other authorized representatives, shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
Such inspection(s) will be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.5) of Part 3 of the Code of Civil Procedure; provided, however, that in the event of an emergency affecting public health or safety, such inspection may be made without consent or the issuance of a warrant. To the extent that the owner or possessor of the premises requires that a warrant be received, the district may, in its discretion, suspend the permit and/or any other right to discharge to sanitary facilities immediately, and such suspension may continue until such time as a warrant has been received and the inspection has been completed. If no violation of this chapter, the district code or the permit, if applicable, are found, the suspension will be lifted. In the event that violations of this chapter, district code, or the permit, if applicable, are found, then the suspension may, in the discretion of the district, be continued, or permit and/or right to discharge to district facilities terminated, or other enforcement remedies may be sought.
The district may choose to inspect the facility to determine compliance with all standards set forth in this chapter, the district code and permit, if applicable, and additionally, such inspections may be undertaken to verify the wastewater flows and strengths reported by the discharger. [Ord. 11-7-00 § 4.8]
9.20.090 Pretreatment.
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the federal regulations, or this chapter, or the permit, whichever is earliest. Any facilities required to pretreat wastewater to a level acceptable to the district shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the district for review, and shall be approved by the district before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the district under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the district prior to the user's initiation of the changes. [Ord. 11-7-00 § 4.9]
9.20.100 Publication of users in significant noncompliance.
Pursuant to federal requirements, the district shall annually publish, in the largest daily newspaper in the district's service area, a list of the users who were in significant noncompliance with any pretreatment requirements or standards at any time during the 12 previous months. The notification will also summarize any enforcement actions taken against the user(s) during the same 12 months. [Ord. 11-7-00 § 4.10]
9.20.110 Records retention.
All records relating to compliance with pretreatment requirements and standards shall be made available to officials of the EPA, state, and district, or their authorized representatives. Such records shall include for all samples: (1) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (2) the dates analyses were performed; (3) who performed the analyses; (4) the analytical techniques/methods used; and (5) the results of such analyses. These records shall be retained for a minimum of three years, or longer in the case of unresolved litigation, enforcement action, or when requested by the district, state or the EPA. [Ord. 11-7-00 § 4.11]
9.20.120 Confidential information.
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and from inspections will be available to the public or other governmental agency without notification unless the user specifically requests confidentiality and is able to demonstrate to the satisfaction of the district that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by a user furnishing information to the district, the portions of that information which might disclose trade secrets or secret processes will not be made available for inspection by the public but will be made available upon written request to other governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) and/or the source control program. Those portions of the information will also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the user furnishing the information. Wastewater constituents and characteristics will not be recognized as confidential information.
Information and data requested from a user which the user believes to be proprietary and the release of which to the public would substantially impair the operations of the user, may alternatively be provided to the district for its review at the facility of the user rather than provided to the district for its keeping, at the discretion of the district. The burden will be on the user to demonstrate to the satisfaction of the district that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the district from properly carrying out the objectives of this chapter.
Information accepted by the district, which is demonstrated to be confidential, will not be transmitted to anyone other than a governmental agency without prior notification to the user. [Ord. 11-7-00 § 4.12]
1 Appendix B attached to Ord. 11-7-00 is available at the district office for inspection.