§ 41-37. Reporting requirements.

(a)

Baseline monitoring reports. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 FR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in section 41-37 C below.

B.

[Categorical users.] At least ninety (90) days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the director a report which contains the information listed in section 41-37 C below.

C.

[Method of pretreatment.] A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Users described in section 41-37 A, B, and C shall submit the following information:

(1)

The name and address of the facility, the name of the operator, and the name of owner;

(2)

A list of any environmental control permits held by or for the facility;

(3)

A brief description of the nature, average rate of production, and standard industrial classification codes for the operation(s) carried out by the user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

(4)

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;

(5)

A list of the categorical pretreatment standards applicable to each regulated process;

(6)

An existing source shall give the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or equivalent mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in compliance with procedures set out in section 41-37 L. Sampling must be performed in compliance with procedures set out in section 41-37 M;

(7)

An existing source shall give a statement, reviewed by the user's authorized representative and certified by a qualified professional, 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 to meet the pretreatment standards and requirements;

(8)

If additional pretreatment and/or O&M will be required by an existing source 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 shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 41-37 D; and

(9)

All baseline monitoring reports must be signed and certified in compliance with this article.

(d)

Compliance schedule progress reports. A user required to submit a compliance schedule by section 41-37 C 8 shall meet the following requirements:

(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 above shall exceed nine (9) months;

(3)

The user shall submit a progress report to the director no later than fourteen (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; and

(4)

In no event shall more than nine (9) months elapse between progress reports to the director.

(e)

Reports on compliance with categorical pretreatment standard deadline. 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 POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in section 41-37 C 4 through 7. All users subject to equivalent mass or concentration limits established in compliance with the procedures in 40 CFR 403.6(c), submit reports containing a reasonable measure of the user's long-term production rate. All other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), shall submit reports including the user's actual production during the appropriate sampling period. Users shall sign and certify compliance reports in compliance with this article.

(f)

Periodic compliance reports. All significant industrial users shall, at a frequency determined by the director but in no case less than twice per year, submit reports indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All users shall sign and certify all reports in compliance with this article.

Users shall submit only wastewater samples that are representative of the user's discharge. Users shall properly operate wastewater monitoring and flow measurement facilities, keep them clean, and maintain them in good working order at all times. The failure of a user to keep its monitoring facility in good working order are not grounds for the user to claim that sample results are unrepresentative of its discharge.

If a user, subject to the reporting requirement in this section, monitors any pollutant more frequently than required by the director, using the procedures prescribed in section 41-37 L. and M., the user shall include results of this monitoring in the report.

(g)

Reports of changed conditions. Each user shall notify the director of any planned changes to the user's operations or system before the change is made. The director may require the user to submit any information he or she needs to evaluate the changed condition, including a wastewater discharge permit application. The director may issue a new wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions. An industry shall notify the director in case of a change involving any of the following:

(1)

Ownership;

(2)

Location;

(3)

Responsible and/or contact person;

(4)

Product line or process;

(5)

Wastewater quality or quantity; or

(6)

Significant change in business, including but not limited to change in number of employees, amount of work space, or productivity.

(h)

Reports of potential problems. An industry shall notify the director and the Trinity River Authority in case of a problem or potential problem, as described below, within twenty-four (24) hours of first becoming aware of the problem or potential problem.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine or episodic nature, a non-customary batch discharge, or a slug load that may cause potential problems for the POTW, the user shall immediately telephone and notify the director, and TRA, of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. The user shall notify the director and the TRA of a discharge of more than fifteen (15) kilograms of non-acute 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), the first month it occurs. The user may refrain from notifying the director and TRA in subsequent months during which the user discharges no more than previous quantities of any hazardous waste;

(2)

Within five (5) days following a problem or potential problem discharge, the user shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. It is an affirmative defense to this subsection that the director waived the requirement. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any civil or criminal liability; or

(3)

The user shall permanently post a notice on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in this section. Employers shall ensure that all employees who may cause such a discharge to occur or who may observe such a discharge are advised of the emergency notification procedure.

(i)

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

(j)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user shall notify the director within twenty-four (24) hours of receipt of the sample analysis results. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within thirty (30) days after it received the initial sample analysis results. It is an affirmative defense to the re-sampling requirement that the director monitors discharge at the user's facility at least once a month, or that the director sampled after the user's initial sampling but before the user received the results of this sampling.

(k)

Notification of the discharge of hazardous waste. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste 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 Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW the notification also shall contain the following information to the extent such information is known and readily available to the user:

(1)

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 that calendar month; and

(2)

An estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months.

Users shall notify the director of the discharge of hazardous waste no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. It is an affirmative defense to this subsection that the pollutant is already reported by the user subject to categorical pretreatment standards under the self-monitoring requirements of sections 41-37 A, 41-37 E, and 41-37 F.

If a new regulation under section 3001 of RCRA identifies additional characteristics of hazardous waste or lists any additional substance as a hazardous waste, the user shall notify the director, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of the affected hazardous waste within ninety (90) days of the effective date of the regulation.

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.

This section does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, by a permit, or by any applicable law.

(l)

Analytical requirements. The user shall submit samples for pollutant analyses, including sampling techniques, as part of a wastewater discharge permit application or report only to a lab which performs the analysis in compliance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, the user shall submit samples to a lab which performs analysis in compliance with procedures approved by EPA.

(m)

Sample collection. The user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.

(n)

Timing. The submission date of a written reports is its postmark date. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date the city received the report is its submission date.

(o)

Record keeping. Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling; the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses. Users shall make these records available for a period of at least three (3) years, or for the duration of any litigation concerning the user or the city, or for as long as the director requires.

(Ord. No. 8140, § 1, 3-20-03)