Akron |
Code of Ordinances |
Title 5. PUBLIC WORKS |
Chapter 50. SEWERS |
Article 3. Sewer Use, Industrial Pretreatment, Storm Water And Tributary Communities |
§ 50.54. Reporting requirements.
A.
Compliance Data Report. Within ninety days following the date for final compliance by the SIU with applicable pretreatment standards set forth in this subchapter or ninety days following commencement of the introduction of wastewater into the sewerage system by a new discharger, any discharger subject to this subchapter shall submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge and the average and maximum daily flow in gallons. In cases where the wastewater discharge permit requires compliance with a best management practice, the discharger must submit documentation required by the Service Director or the wastewater discharge permit necessary to determine the compliance status of the discharger. The report shall 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 pretreatment standards or requirements, and shall be signed by an authorized representative of the discharger.
1.
For dischargers subject to equivalent mass or concentration limits established by the Service Director in accordance with the procedures in § 50.47, the compliance data 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.
B.
Periodic Compliance Reports. All SIUs shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. The frequencies of monitoring and reporting and the pollutants to be analyzed shall be prescribed in the wastewater discharge permit. All analyses shall be performed in accordance with procedures established in 40 CFR 136 and amendments thereto. When 40 CFR 136 does not include sampling or analytical techniques, or the techniques are inappropriate, alternative methods may be approved by the city. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the city may accept reports of average and maximum flows estimated by verifiable techniques. The city, for good cause, considering those factors such as local high or low flow rates, holidays, budget cycles or other extenuating factors, may require the submission of the reports on months other than those specified above. In cases where the wastewater discharge permit requires compliance with a best management practice, the SIU must submit documentation required by the Service Director or the wastewater discharge permit necessary to determine the compliance status of the SIU. The periodic compliance report shall be signed by an authorized representative of the discharger.
1.
Except for in the case of centralized waste treatment facilities regulated by and defined in 40 CFR 437, the Service Director may authorize a SIU subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the SIU has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the SIU. This authorization is subject to the following conditions:
(i)
The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(ii)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The SIU must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(iii)
In making a demonstration that a pollutant is not present, the SIU must provide data from at least one sampling of the facility's processed wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(iv)
The request for a monitoring waiver must be signed by an authorized representative of the discharger.
(v)
Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the U.S. EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(vi)
Any grant of the monitoring waiver by the Service Director must be included as a condition in the SIU's permit. The reasons supporting the waiver and any information submitted by the SIU in its request for the waiver must be maintained by the Service Director for three years after expiration of the waiver.
(vii)
Upon approval of the monitoring waiver and revision of the SIU's permit by the Service Director, the SIU must certify on each report the following statement, establishing that there has been no increase in the pollutant in its wastestream due to activities of the SIU:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standards under 40 CFR [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant or pollutants] in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of Rule 3745-3-06 of the Administrative Code."
(viii)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the SIU's operations, the SIU must immediately notify the Service Director in writing and start monitoring that pollutant at the frequency specified by the applicable pretreatment standard.
(ix)
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(x)
This waiver applies only to SIU self-monitoring and does not remove the Service Director's obligation to monitor for the parameter. However, this waiver can be extended to monitoring completed by the Service Director in order to satisfy SIU self-monitoring.
C.
If sampling performed by any significant industrial user (SIU) indicates a violation, the significant industrial user (SIU) shall notify the city within twenty-four hours of becoming aware of the violation. The discharger shall repeat the sampling and analysis and submit the results within thirty days after becoming aware of the violation. If a violation is detected through sampling and analysis conducted by the Service Director in lieu of the SIU, the Service Director shall perform the repeat sampling and analysis within thirty days of becoming aware of the violation unless it notifies the SIU of the violation and requires the SIU to perform the repeat sampling and analysis. If a categorical discharger monitors any pollutant more frequently than required by the city, using the procedures prescribed in 40 CFR 403.12, the results of this monitoring shall be included in the periodic compliance report.
D.
All dischargers shall notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(P).
E.
Except as indicated in sections (F) and (G) below, the discharger must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Service Director and such authorization is documented in the user's file. Where time-proportional composite sampling or grab sampling is authorized by the Service Director, the samples must be representatives of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate U.S. EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows:
1.
For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field;
2.
For volatile organics and oil and grease, the samples may be composited in the laboratory.
3.
Composite samples for other parameters unaffected by the compositing procedures as documented in approved U.S. EPA methodologies may be authorized by the Service Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
F.
Samples for oil and grease, temperature, ph, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
G.
For sampling required in support of periodic compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Service Director may authorize a lower minimum.
(Ord. 67-2002; Ord. 173-1991; Ord. 546-1985)
(Ord. 412-2012)