§ 90-129. Reporting requirements.

(a)

Baseline monitoring reports. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under F.A.C. 62-625.410(2)(d), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the WWF shall submit to the city a report which contains the information listed numerically in this subsection. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in this subsection. 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.

(1)

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

(2)

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

(3)

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

(4)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the WWF from regulated process streams and other streams, as necessary to allow use of the combined waste stream formula set out in F.A.C. 62-625.410(6).

(5)

Measurement of pollutants.

a.

The categorical pretreatment standards applicable to each regulated process.

b.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the city, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (j) of this section.

c.

Sampling must be performed in accordance with procedures set out in subsection (j) of this section.

(6)

Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. 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 subsection (b) of this section.

(7)

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 90-128(b). The reports shall also include a statement, reviewed by the user's authorized representative 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.

(b)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection 90-129(b) and subsection (a)(6) 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 city no later than 14 days following each date in the schedule and the final date of compliance including, at 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 months elapse between such progress reports to the city.

(c)

Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of the new source following commencement of the introduction of wastewater into the WWF, any user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (a)(4) through (6) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in F.A.C. 62-625.410(4), this report shall contain a reasonable measure of the user's long term production rate. For all other 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. All compliance reports must be signed and certified in accordance with subsection 90-128(b).

(d)

Periodic compliance reports (IU self-monitoring).

(1)

All significant industrial users, except non-significant categorical industrial users, shall, at a frequency determined by the city but in no case less than twice per year (in June and December), submit a report 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. Periodic compliance reports shall meet the requirements of Rule 62-625.600(4) and (7), F.A.C. All periodic compliance reports must be signed and certified in accordance with subsection 90-128(b). The industrial user may request submission of the above reports in months other than June and December if, based on such factors as local high or low flow rates, holidays, or budget cycles, the alternate dates more accurately represent actual operating conditions.

(2)

All wastewater samples must be representative of the user's discharge. The reports must be based on sampling and analysis performed in the period covered by the report. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(3)

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the city, using the procedures prescribed in subsection (j) of this section, the results of this monitoring shall be included in the report.

(4)

The city may also reduce the reporting requirements to a frequency no less than once a year, unless required more frequently in the pretreatment standard or by DEP, if the industrial user meets the requirements of Rule 62-625.600(4)(d), F.A.C.

(5)

In cases where the pretreatment standard requires compliance with best management practice (BMP) or pollution prevention alternative, the industrial user shall submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the industrial user.

(6)

The city may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user provides an annual certification statement and demonstrates compliance with Rule 62-625.600(4)(b) and (c), F.A.C.

(e)

Reports of changed conditions. Each user must notify the city 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 city 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 subsection 90-128(a).

(2)

The city may issue a wastewater discharge permit under subsection 90-128(a) or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

(3)

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 25 percent or greater, and the discharge of any previously unreported pollutants.

(f)

Reports of potential problems.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, prohibited discharge, or a slug load, that may cause potential problems for the WWF the user shall immediately telephone and notify the city 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.

(2)

Within five days following such discharge, the user shall, unless waived by the city, submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. 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 WWF, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.

(3)

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (f)(1) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(g)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city and the control authority as the city may require.

(h)

Notification of the discharge of hazardous waste.

(1)

Any user who commences the discharge of hazardous waste shall notify the city, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the WWF 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 220 pounds of such waste per calendar month to the WWF, 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 that 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 paragraph need only be submitted once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (a), (c) and (d) of this section.

(2)

Dischargers are exempt from the requirements of subsection (i)(1) of this section during a calendar month in which they discharge no more than 33 pounds of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR, 261.30(d) and 261.33(e). Discharge of more than 33 pounds 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), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any 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 city, the EPA regional waste management waste division director, and 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 thereunder, or any applicable federal or state law.

(i)

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the requirements of 40 CFR Part 136, Chapter 62-160, F.A.C., and Rule 62-625.600(d)(d) and (e) F.A.C., unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain appropriate sampling or analytical techniques or the pollutant in question, the laboratory with approval of the industrial user, the city, and DEP, shall identify and propose methods for use in accordance with Rules 62-160.300 and 62-160.330, F.A.C.

(j)

Sample collection .

(1)

Except as indicated in subsection (j)(2) of this section, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city may authorize the use of time proportional sampling or a minimum of four grab samples taken 15 minutes apart 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. The city shall require the number of grab samples necessary to assess and assure compliance by industrial user with the applicable pretreatment standards and requirements. Sample collection shall meet the requirements of Rule 62-625(6)(d)—(f), F.A.C.

(2)

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, dissolved oxygen, chlorine residual, un-ionized ammonia, microbiology, specific conductance, dissolved constituents (e.g. ortho phosphate, etc.) and volatile organic compounds must be obtained using grab collection techniques. A minimum of four grab samples must be used for this testing.

(3)

All samples shall be representative of daily operations. Both daily maximum and average concentration (or mass, where required) shall be reported. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.

(4)

Samples shall 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 industrial user shall measure flows and concentrations necessary to allow use of the combined waste stream formula of Rule 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with Rule 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the city.

(k)

Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(l)

Signatory requirements. Signatory requirements for all industrial user reports shall be as stated under subsection 90-128(b) of this article.

(m)

Annual certification by non-significant categorical industrial u ser s. An industrial user determined to be a non-significant categorical industrial user as defined in section 90-121 of this article, must annually submit the following certification statement, signed in accordance with the signatory requirements of paragraph (l) above. The certification must accompany any alternative report required by the city: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [ specify applicable national pretreatment standard part(s) ], I certify that, to the best of my knowledge and belief that during the period from [ month, day, year ] to [ month, day, year ]:

(1)

The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as defined in the city's Code of Ordinances, chapter 90, article III, section 90-122;

(2)

The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(3)

The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [ documentation of basis to continue exemption ].

(n)

Records. Any industrial user subject to the reporting requirements in this article is required to retain for a minimum of three years any records of monitoring activities and results, including documents, books, memoranda, reports, correspondence, documentation associated with best management practices, and any and all summaries thereto, and shall make records available for inspection or photocopying by the city, state and federal officials. Records shall include the date, exact place, method and time of sampling and the name of the person taking the samples; the dates analyses were performed; who performed the analysis; the analytical techniques or methods used and the results of such analyses. The three-year period provided in this subsection shall be automatically extended for the duration of any investigation, enforcement, litigation or other proceeding concerning the user, or where the user has been specifically notified of a longer retention period by the city. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C.

(o)

WWF monitoring. In addition to the self-monitoring required under this section, the city will conduct periodic, independent compliance monitoring of industrial users as appropriate at its sole discretion.

(Ord. No. 4414-12, § 1, 4-2-2012)