§ 122-186. Reporting requirements.

(a)

Baseline monitoring reports.

(1)

Within either 180 days after the effective date of a categorical pretreatment standard, or the final decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the department director a report which contains the information listed in subsection (a)(2) of this section. At least 90 days prior to commencement of discharge, a new source shall report the method of pretreatment it intends to use to meet the applicable categorical standard. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. See subsection 122-184(b).

(2)

Users described in subsection (a)(1) of this section shall submit the information set forth below:

a.

Identifying information. The name and address of the facility, including the name of the operator and owner.

b.

Environmental permits. A list of environmental control permits held by or for the facility.

c.

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

d.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW 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).

e.

Measurement of pollutants.

1.

The categorical pretreatment standards applicable to each process.

2.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the department director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and longterm average concentrations, or mass where required, shall be analyzed in accordance with procedures set out in 40 CFR 136.

3.

Sampling must be performed in accordance with the procedures set in section 122-185.

f.

Certification. A statement reviewed by the users' authorized representative and certified by a qualified professional indicating whether pretreatment standards are being met on a consistent basis.

g.

Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O & M. The completion date in this schedule will not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet requirements set out in subsection (b) of this section.

h.

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 122-183(c).

(b)

Compliance schedules. The following conditions shall apply to the compliance schedule required in subsection (a)(2)g of this section.

(1)

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.

(2)

No increment referred to in subsection (b)(1) of this section shall exceed nine months.

(3)

The user shall submit a progress report to the department director no later than 14 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.

(4)

In no event shall more than nine months elapse between such progress reports to the department director.

(c)

Compliance reports.

(1)

Ninety-day compliance report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the county wastewater system, any user subject to permit standards and requirements shall submit to the department director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by discharge standards and requirements, and the average and maximum daily flow for these process units in the user facility which are limited by such standards or requirements. The report shall state whether the applicable discharge standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with the applicable standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional.

(2)

Periodic compliance reports. All users who have been issued discharge permits are required to submit compliance reports at the intervals set forth in each user's individual permit, but not less than twice a year. The compliance reports shall address the discharge parameters and all other information indicated as being necessary to report as shown in the user's permit.

(3)

Missing or late reports. If a permitted user fails to submit a compliance report in accordance with the reporting schedule contained in its permit, the county will provide written notice of the deficiency to the user. The written notice of deficiency will provide a timeframe of not less than 15 or more than 30 days within which the late compliance report must be submitted to the county. All sampling and testing performed under this subsection for reporting requirements shall be conducted in accordance with section 122-185.

(4)

Repeat sampling for violations. All violations must be orally reported to the county within 24 hours of first becoming aware of them. The permittee must then repeat the sampling and submit the results of the repeated sample within 30 days of first becoming aware of the violation. A user may avoid resampling if samples were collected by the county between the time of the violation and when the user received the results indicating the violation.

(d)

Reserved.

(e)

Reports of changed conditions. Each user must notify the department director of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least 30 days before the change.

(1)

The department director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 122-183.

(2)

The department director may issue a wastewater discharge permit under section 122-184 or modify an existing wastewater discharge permit under subsection 122-184(c) in response to changed conditions or anticipated changed conditions.

(3)

For purpose of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater and the discharge of any previously unreported pollutants.

(f)

Confidential information.

(1)

Information and data obtained from reports, questionnaires, permit applications, permits, monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests at the time of information submittal, and is able to demonstrate to the satisfaction of the county that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(2)

When requested by the person 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. However, all information shall be made available upon written request to governmental agencies for uses related to this article or for other regulatory or enforcement purposes. All portions of such reports shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(3)

Information accepted by the county as confidential shall not be transmitted to the general public by the county until and unless a ten-day notification is given to the user. Information required by government agencies will be provided upon demand.

(g)

Maintenance of records.

(1)

Sampling and testing records. Any permitted user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities. Such records shall include for all samples:

a.

The date, exact place, method and time of sampling and names of the person or persons taking the samples;

b.

The dates analyses were performed;

c.

The name of the persons who performed the analysis;

d.

The analytical techniques/methods used; and

e.

The results of such analyses.

(2)

Monitoring activities and records of results. Any permitted user subject to the reporting requirements established in this section shall be required to retain for a minimum of three years any records of monitoring activities and results, whether or not such monitoring activities are required by this article, and shall make such records available for inspection and copying by the county, state or EPA. This period of retention shall be extended during the course of any unresolved litigation regarding the permitted user, or when requested by the county, state or EPA.

(h)

Notification of discharge of hazardous waste.

(1)

Any user who commences the discharge of hazardous waste shall make a one-time notification to the POTW, the EPA Regional Waste Management Division Director and state hazardous wastes 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 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection needs to be submitted under this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under subsection 122-181(b).

(2)

Dischargers are exempt from the requirements of subsection (h)(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of hazardous waste do not require additional notification.

(3)

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 user must notify the county office of environmental compliance, the EPA Regional Waste Management Waste Division Director, and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4)

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.

(5)

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued pursuant to this article or any applicable federal or state law.

(i)

Certification statements. All user reports shall contain the certification statement contained in subsection 122-183(c).

(j)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the department director as he may require.

(Ord. of 6-28-88, § 3-26-97)