13.16.130 Baseline reports and final compliance reports.
Baseline reports and final compliance reports, where required, shall be submitted to the City Manager in a form prescribed by the City Manager. Baseline reports and final compliance reports shall be submitted within the time limitations and meet the following requirements:
A. Baseline Report. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made upon a category determination submission under CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Manager a baseline report.
At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the control authority a baseline report.
New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (A)(4) and (A)(5) of this section.
The baseline report must contain:
1. Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners;
2. Permits. The user shall submit a list of any environmental control permits held by or for the facility;
3. Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the wastewater treatment plant from the regulated processes.
4. Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the wastewater treatment plant from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR Section 403.6(e). See subsection (A)(5)(d) of this section.)
The Manager may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
5. Measurement of Pollutants.
a. The user shall identify the pretreatment standards applicable to each regulated process;
b. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or Manager) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Manager or the applicable standards to determine compliance with the standard;
c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection;
d. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR Section 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternative concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the Manager;
e. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Manager determines that the CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the wastewater treatment plant or other parties, approved by the Manager;
f. The Manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
g. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the wastewater treatment plant;
6. Certification. A statement, reviewed by an authorized representative of the industrial user (as defined in subsection (A)(1) of this section) and certified to by a qualified professional (see WVMC 13.16.150) indicating whether 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 industrial user to meet the pretreatment standards and requirements; and
7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than compliance date established for the applicable pretreatment standard.
a. Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR Section 403.7), the combined wastestream formula (40 CFR Section 403.6(e)), and/or a fundamentally different factors variance (40 CFR Section 403.13) at the time the user submits the baseline report, the information required by subsections (A)(6) and (A)(7) of this section shall pertain to the modified limits.
b. If the categorical pretreatment standard is modified by a removal allowance (40 CFR Section 403.7), the combined wastestream formula (40 CFR Section 403.6(e)), and/or a fundamentally different factors variance (40 CFR Section 403.13) after the user submits the baseline report, any necessary amendments to the information requested by subsections (A)(6) and (A)(7) of this section shall be submitted by the user to the Manager within sixty (60) days after the modified limit is approved.
c. The following conditions shall apply to the compliance schedule:
i. 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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
ii. No increment referred to in subsection (A)(1) of this section shall exceed nine months.
iii. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Manager including, at 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 industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Manager.
B. Final Compliance Report. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the wastewater treatment plant, any industrial user subject to pretreatment standards and requirements shall submit to the Manager a report containing the information described in subsections (A)(4) through (A)(6) of this section. For industrial users subject to equivalent mass or concentration limits established by the Manager in accordance with the procedures in 40 CFR Section 403.6(c), this 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. (Ord. 2-2023 § 1 (Att. A), 2023.)