Chapter 14.06
MONITORING, INSPECTION, AND REPORTING1
Sections:
14.06.020 Waste sampling and monitoring.
14.06.030 Wastewater discharge examination.
14.06.050 Reporting requirements.
14.06.060 Initial compliance report.
14.06.070 Periodic compliance reports.
14.06.080 Compliance schedules and progress reports.
14.06.090 Records retention and confidentiality.
14.06.100 Application signatories and certification.
14.06.110 Provision on fraud and false statements.
14.06.010 General.
The plant superintendent has the authority to carry out all inspection, surveillance, and monitoring activities necessary to determine compliance or noncompliance with applicable pretreatment standards and requirements. (Ord. 1676(part), 1992).
14.06.020 Waste sampling and monitoring.
A. Wastes discharged into the public sewers shall be subject to periodic inspection and a determination of character and concentration. For wastes discharged by users with an effective industrial waste discharge permit the determinations shall be made at least annually with the option for more frequent intervals if any constituent potentially exceeds any limit established by this title. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the treatment plant and to determine the existence of hazardous conditions defined elsewhere in this title.
B. Samples of wastewater being discharged into the sewer system shall be representative of the discharge and shall be taken after treatment. The sampling method shall be one approved by the plant superintendent and done in accordance with good engineering practice.
C. Samples that are taken by the authority of the plant superintendent for the purposes of determining compliance with the requirements of this title shall be split with the plant superintendent and discharger (or a duplicate sample provided in the instance of fats, oils, and greases) if requested before or at the time of sampling.
D. The manager/plant superintendent may require waste sampling and monitoring by the user at the user’s expense if information and/or data is needed to determine compliance with pretreatment standards, determine the treatability of the waste, establish a sewer rate charge, or determine any other factor which is related to the operation and maintenance of the sewer system. The locations, frequencies and types of sampling and monitoring shall be determined by the plant superintendent. (Ord. 1676(part), 1992).
14.06.030 Wastewater discharge examination.
The discharger shall allow authorized representatives to enter upon the premises of the discharger at all hours when wastewater is being produced or discharged for the purpose of inspection, sampling, or records examination. They shall also have the right to set up on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations. The right of entry includes, but is not limited to, access to those portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling wastes, and storing records, reports or documents relating to the treatment, sampling or discharge of the wastes. Conditions for entry shall be as follows:
A. The authorized personnel shall present appropriate credentials at the time of entry;
B. The purpose of the entry shall be for inspection, observation, measurement, sampling, or testing in accordance with the provisions of this title;
C. The entry shall be made at reasonable times during normal operating or business hours unless an emergency situation exists as determined by the plant superintendent;
D. All regular safety and sanitary requirements of the facility to be inspected shall be complied with by authorized representative(s) entering the premises;
E. Information in the user’s records that are of a confidential nature will be governed by the confidentiality requirements of this title. (Ord. 1676(part), 1992).
14.06.040 Analyses.
Laboratory procedures used in the examination of industrial wastes shall be those set forth in 40 CFR Part 136 and amendments thereto. If there are no approved test procedures for a particular pollutant, then analyses shall be performed using other validated procedures approved by the plant superintendent. (Ord. 1676(part), 1992).
14.06.050 Reporting requirements.
Any user may be required to report the status of their wastewater discharge concerning compliance with the requirements of this title. The frequency of the reports shall be determined by the plant superintendent. If a user subject to reporting requirements monitors any pollutant more frequently than required by the plant superintendent, the results of this monitoring shall be included in the required report. (Ord. 1676(part), 1992).
14.06.060 Initial compliance report.
A. Any user subject to this chapter may be required to submit a report to the plant superintendent which indicates the nature and concentration of all prohibited or compatible pollutants regulated by this title and contained in its discharge and the average and maximum daily flow in gallons per day. The report shall also state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operations and maintenance and/or pretreatment is necessary to bring the discharger into compliance with the applicable standards and requirements. This statement shall be signed by an authorized representative of the discharger and certified to by a qualified professional.
B. Such reports shall be completed in compliance with the current General Pretreatment Regulations for Existing and New Sources of Pollution as published in the Federal Register, 40 CFR Parts 125 and 403. Initial compliance reports shall be submitted within ninety days following the date for final compliance with applicable categorical pretreatment standards or in the case of new sources following commencement of the introduction of wastewater to the sewer system.
C. If the information required has already been provided, and that information is still accurate, the user shall reference the submitted information and is not required to submit it again. (Ord. 1676(part), 1992).
14.06.070 Periodic compliance reports.
A. Any user that is required to have an industrial waste discharge permit shall submit to the plant superintendent during the months of June and December, unless required on other dates and/or more frequently, a report indicating the nature of the effluent over the previous six-month period. The report shall include the concentration (and mass if limited in the permit) of the limited pollutants, a record of measured or estimated average and maximum daily flows for the reporting period, and any other information required by the plant superintendent. The plant superintendent may at his discretion determine the requirement to submit the report for users not subject to a categorical pretreatment standard where the WQCP itself collects all the information required for the report.
B. The frequency of the monitoring shall be determined by the plant superintendent and specified in the industrial waste discharge permit. If there is an applicable effective categorical pretreatment standard, the frequency shall not be less than that prescribed in the standard.
C. Flows shall be reported on the basis of actual measurement; provided, however, the plant superintendent may accept reports of average and maximum flows estimated by verifiable techniques. (Ord. 1676(part), 1992).
14.06.080 Compliance schedules and progress reports.
A. If additional pretreatment, monitoring equipment, process control, or equipment modification will be required to meet the pretreatment standards established under this title, the manager/plant superintendent may require the user to provide progress reports and compliance schedules. The compliance schedule shall be subject to plant superintendent approval or may be established by the plant superintendent at his discretion. The schedule shall define the shortest schedule to provide the required action. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard.
B. The following conditions shall apply to this schedule:
1. The schedule shall contain 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 requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, startup and full operation). Interim dates for major events shall not be more than ninety days apart;
2. Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the plant superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than ninety days elapse between such progress reports to the plant superintendent. (Ord. 1676(part), 1992).
14.06.090 Records retention and confidentiality.
A. Industrial users shall retain and make available for inspection and copying, all records and information required to be retained under 40 CFR 403.12(o). These records shall remain available for a period of at least three years.
B. Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from inspection and sampling activities conducted by the plant superintendent, shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the plant superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state laws.
1. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
2. When requested and demonstrated by the industrial 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 this title, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report.
C. All users subject to this title shall retain and preserve for no less than three years, all records of information resulting from any monitoring activities required by this title. Such records shall include for all samples: the date, sample location, method, and time of sampling and the names of the person or persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques/methods used; and results of such analyses.
D. All records which pertain to matters which are the subject of any enforcement or litigation activities pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 1676(part), 1992).
14.06.100 Application signatories and certification.
All permit applications, initial compliance reports, and periodic compliance reports shall contain the following certification statement and be signed by an authorized representative of the industrial user:
“I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons 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 submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(Ord. 1676(part), 1992).
14.06.110 Provision on fraud and false statements.
Any reports required under the authority of this title and any other documents required to be submitted to the plant superintendent or maintained by the industrial user shall be subject to enforcement provision of this title, and municipal and state law relating to fraud and false statements. In addition, the industrial user shall be subject to:
A. The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;
B. The provisions of Section 309(c)(4) of the Clean Water Act, as amended, governing false statements representation or certification; and
C. The provisions of Section 309(c)(6) regarding responsible corporate officers. (Ord. 1676(part), 1992).
Prior ordinance history: Ord. 1618.