13.16.140 Reports on continued compliance.
A. Industrial users shall submit to the City Manager periodic reports on continued compliance. monitoring, sampling information, and reporting requirements shall be reported, as specified by the City Manager. Reports shall be made on a form approved by the City Manager.
B. Industrial users subject to an applicable pretreatment standard set forth in this chapter, after the compliance date of that pretreatment standard, or, in the case of a new industrial user, after commencement of the discharge to the City, shall submit to the City Manager, monthly (or other frequency as specified by the City Manager), a report indicating the nature and concentration of prohibited or regulated substances in the wastewater which are limited by the pretreatment standards, this chapter, or the user’s wastewater discharge permit. In addition, this report shall include a record of all measured average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement. In cases where the pretreatment standard or local limitation requires compliance with a best management practice (or pollution prevention alternative), the industrial user shall submit documentation required by the City Manager of the pretreatment standard necessary to determine the compliance status of the industrial user.
C. Reports of industrial users shall contain all results of sampling and analysis of the discharge, including the flow, description, nature and concentration of pollutants, or mass where required by the City Manager. The frequency of monitoring by the industrial user shall be as prescribed in the industrial waste discharge permit. If an industrial user monitors more frequently than required by its industrial waste discharge permit, the industrial user shall notify the City Manager of the results of all such monitoring according to the reporting requirements of the user’s industrial waste discharge permit.
D. Samples collected to satisfy reporting requirements shall be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
1. Except as indicated in subsections (D)(2) and (D)(3) of this section, the industrial user shall collect wastewater samples using twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City Manager. Where time-proportional composite sampling or grab sampling is authorized by the City Manager, the samples shall be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City Manager, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
2. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.
3. For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in WVMC 13.16.130, a minimum of four grab samples shall 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 City Manager may authorize a lower minimum. For the reports required by WVMC 13.16.140(A), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
4. All effluent analysis conducted for reports required by this chapter, except pH, shall be performed by an accredited environmental laboratory.
E. Significant industrial users shall submit to the City Manager reports on continued compliance no less than once each six months. Categorical SIUs shall submit to the City Manager reports on continued compliance in the months of June and December, unless required more frequently in the pretreatment standard or by EPA, DEQ, or the user’s industrial waste discharge permit. The City Manager may alter the months for which CIUs continued compliance reports are to be submitted.
F. Annual Certification by the Non-Significant Categorical Industrial Users. A facility determined to be a non-significant categorical industrial user pursuant to 40 CFR 403.3(v)(2) shall annually submit the certification statement in 40 CFR 403.12(q) signed in accordance with the signatory requirements in WVMC 13.16.150. This certification shall accompany any alternative report required by the City Manager.
G. An industrial user subject to a categorical pretreatment standard may apply for and obtain a waiver to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user 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 industrial user. This authorization is subject to the following conditions:
1. 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.
2. The monitoring waiver is valid only for the effective period of the industrial waste discharge permits, but in no case longer than five years. The industrial user shall submit a new request for the waiver before the waiver can be granted for each subsequent industrial waste discharge permit.
3. In making a demonstration that a pollutant is not present, the industrial user shall provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewaters from all processes.
4. The request for a monitoring waiver shall be signed in accordance with WVMC 13.16.150(B) and include the following certification statement:
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for forty (40) CFR (specify applicable national pretreatment standard part(s). I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since the filing of the last periodic report under WVMC 13.16.140(G)(4).
5. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
6. Any grant of the monitoring waiver by the City Manager shall be included as a condition in the industrial user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver shall be maintained by the City for three years after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the industrial user’s permit by the City Manager, the industrial user shall certify on each report with the statement in subsection (G)(4) of this section, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
8. 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 industrial user’s operations, the user shall immediately: comply with the monitoring requirements of WVMC 13.16.140(A), or other more frequent monitoring requirements imposed by the City Manager and notify the City Manager.
9. This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard. (Ord. 2-2023 § 1 (Att. A), 2023.)