R 323.2310 Reporting requirements for publicly owned treatment works and nondomestic users.

Rule 10. (1) The control authority may require the submission of data in a standardized format. (2) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under R 323.2311(2), whichever is later, existing nondomestic users subject to the categorical pretreatment standards and currently discharging, or scheduled to discharge, to a publicly owned treatment works shall be required to submit, to the control authority, a report that contains all of the information listed in this rule. Where reports containing this information already have been submitted to the approval authority or E.P.A. in compliance with the requirements of 40 C.F.R. §128.140(b) (1977), the nondomestic user will not be required to submit the information again. Not less than 90 days before the commencement of a discharge, sources that become nondomestic users subsequent to the promulgation of an applicable categorical standard and new sources shall be required to submit, to the control authority, a report that contains the information listed in subdivisions (a) to (e) of this subrule. 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 subdivisions (d) and (e) of this rule. All of the following information shall be submitted pursuant to this rule: (a) The nondomestic user shall submit the name and address of the facility including the name of the operator and owners. (b) The nondomestic user shall submit a list of any environmental control permits held by or for the facility. (c) The nondomestic user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation or operations carried out by the nondomestic user. The description should include a facility drawing and schematic process diagram that indicates points of discharge to the publicly owned treatment works and from which processes the discharges originate. (d) The nondomestic user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the publicly owned treatment works from each of the following: (i) Regulated process streams. (ii) Other streams as necessary to allow use of the combined wastestream formula specified in R 323.2311(6). The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations. (e) All of the following information shall be provided with respect to the measurement of pollutants: (i) The nondomestic user shall identify the pretreatment standards, including state or local standards, applicable to each regulated process. (ii) In addition, the nondomestic user shall submit the results of sampling and analysis identifying the nature and concentration or mass, where required by the standard or control authority, 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. (iii) A minimum of 4 grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible. The control authority may waive flow-proportional composite sampling for any nondomestic user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of 4 grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. (iv) With the exception of the pollutants specified in paragraph (iii) of this subdivision, the user shall take a minimum of 1 representative sample to compile the data necessary to comply with the requirements of this subrule. (v) Samples should be taken immediately downstream from pretreatment facilities if the facilities exist or immediately downstream from the regulated process if pretreatment facilities do not exist. If other wastewaters are mixed with the regulated wastewater before pretreatment, the nondomestic user should measure the flows and concentrations necessaryto allow use of the combined wastestream formula specified in R 323.2311(7) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with R 323.2311(5), the adjusted limit and supporting data shall be submitted to the control authority. (vi) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 (1992). Where 40 C.F.R. part 136 (1992) does not contain sampling or analytical techniques for the pollutant in question, or where the E.P.A. determines that the part 136 (1992) sampling and analytical techniques are inappropriate for them 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 publicly owned treatment works or other parties, approved by the E.P.A. (vii) The control authority may allow the submission of a baseline report that utilizes only historical data if the data provides information sufficient to determine the need for industrial pretreatment measures. (viii) The baseline report shall indicate the time, date, and place of sampling and the methods of analysis and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the publicly owned treatment works. (f) A statement, reviewed by an authorized representative of the nondomestic user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the nondomestic user to meet the pretreatment standards and requirements. (g) If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the nondomestic user will provide such additional pretreatment or operation and maintenance. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standard. All of the following conditions shall apply to compliance schedules: (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 nondomestic user to meet the applicable categorical pretreatment standards. The events may include any of the following: (A) The hiring of an engineer. (B) Completing preliminary plans. (C) Completing final plans. (D) Executing contracts for major components. (E) Commencing construction. (F) Completing construction. (G) Other similar major events. (ii) An increment referred to in this subrule shall not be more than 9 months. (iii) Not later than 14 days following each date in the schedule and the final date for compliance, the nondomestic user shall submit a progress report to the control authority, including, at a minimum, whether or not the user complied with the increment of progress to be met on a particular date and, if not, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken by the nondomestic user to return the construction to the schedule established. Not more than 9 months shall elapse between progress reports to the control authority. (h) Where the nondomestic user's categorical pretreatment standard has been modified by a removal allowance under R 323.2313(a), the combined wastestream formula under R 323.2311(7) or a fundamentally different factors variance under R 323.2313(b) at the time the nondomestic user submits the report required by this rule, the information required by subdivisions (f) and (g) of this subrule shall pertain to the modified limits. (i) Any changes to information requested under subdivisions (a) to (e) of this subrule shall be submitted by the nondomestic user to the control authority within 60 days. (3) Within 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 publicly owned treatment works, any nondomestic user subject to pretreatment standards and requirements shall submit, to the control authority, a report containing the information described in subrule (2)(d) to (f) of this rule. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in R 323.2311(5), the report shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report shall include the nondomestic user's actual production during the appropriate sampling period. (4) All of the following provisions apply to periodic reports on continued compliance: (a) Any nondomestic user subject to a categorical pretreatment standard after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the publicly owned treatment works shall submit, to the control authority semiannually, unless required more frequently in the pretreatment standard or by the control authority or the approval authority, a report indicating the nature and concentration of pollutants in the effluent that are limited by the categorical pretreatment standards. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in subrule (2)(d) of this rule, except that the control authority may require more detailed reporting of flows. (b) Where the control authority has imposed mass limitations on nondomestic users as provided for by R 323.2311(5), the report required by subdivision (a) of this subrule shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the nondomestic user. (c) For nondomestic users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in R 323.2311(5), the report required by subdivision (a) of this subrule shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report required by subdivision (a) of this subrule shall include the nondomestic user's actual average production rate for the reporting period. (5) All categorical and non-categorical nondomestic users shall notify the publicly owned treatment works immediately of all discharges that could cause problems to the publicly owned treatment works, including any slug loadings. (6) All of the following provisions apply to monitoring and analysis to demonstrate continued compliance: (a) The reports required in subrules (2), (3), and (4) of this rule shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained in the discharge that are limited by the applicable pretreatment standards. The sampling and analysis may be performed by the control authority instead of the nondomestic user. Where the publicly owned treatment works elects to perform the required sampling and analysis instead of the nondomestic user, the nondomestic user will not be required to submit the compliance certification required under subrules (2)(f) and (3) of this rule. In addition, where the publicly owned treatment works collects all the information required for the report, including flow data, the nondomestic user will not be required to submit the report. The publicly owned treatment works shall provide, to the nondomestic user, within 10 days after the results are available, the results of any sampling the publicly owned treatment works performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. Any certification required by a categorical pretreatment standard shall be included with the semiannual compliance reports. (b) If sampling performed by a nondomestic user indicates a violation of pretreatment standards, the nondomestic user shall notify the control authority within 24 hours of becoming aware of the violation. The nondomestic user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation; however, the nondomestic user is not required to resample if the control authority performs sampling at the nondomestic user at a frequency of at least once per month or if the control authority performs sampling at the nondomestic user between the time when the nondomestic user performs its initial sampling and the time when the nondomestic user receives the results of the sampling. (c) The reports required in subrule (4) of this rule shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The control authority shall require a frequency of monitoring that is necessary to assess and assure compliance by nondomestic users with applicable pretreatment standards and requirements. (d) All analyses shall be performed in accordance with procedures established by the E.P.A. pursuant to section 304(h) of the clean water act and contained in 40 C.F.R. part 136 (1992) or with any other test procedures approved by the E.P.A. Sampling shall be performed in accordance with the techniques approved by the E.P.A. Where the provisions of 40 C.F.R. part 136 (1992) do not include sampling or analytical techniques for the pollutants in question, or where the United States E.P.A. determines that the part 136 (1992) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other parties and approved by the E.P.A. (e) If a nondomestic user monitors any pollutant more frequently than required by the control authority using the procedures prescribed in subdivision (d) of this subrule, the results of the monitoring shall be included in the report. (7) The control authority shall require appropriate reporting from nondomestic users that have discharges which are not subject to categorical pretreatment standards. Significant noncategorical industrial users shall submit, to the control authority, at least semiannually, a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. The reports shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in 40 C.F.R. part 136 (1992). Where the provisions of 40 C.F.R. part 136 (1992) do not contain sampling or analytical techniques for the pollutant in question, or where the E.P.A. determines that the part 136 (1992) 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 publicly owned treatment works or other persons and approved by the E.P.A. The sampling and analysis may be performed by the control authority instead of the significant noncategorical industrial user. Where the publicly owned treatment works collects all of the information required for the report, the noncategorical significant industrial user will not be required to submit the report. The publicly owned treatment works shall provide, to the nondomestic user, within 10 days after the results are available, the results of any sampling it performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. (8) Publicly owned treatment works that have approved pretreatment programs shall provide the approval authority with a report that briefly describes the publicly owned treatment works' program activities, including activities of all participating agencies, if more than 1 jurisdiction is involved in the local program. The report required by this subrule shall be submitted not later than 1 year after approval of the publicly owned treatment works' pretreatment program and at least annually thereafter and shall include, at a minimum, the following information: (a) An updated list of the publicly owned treatment works' nondomestic users, including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The publicly owned treatment works shall provide a brief explanation of each deletion. The list shall identify which nondomestic users are subject to categorical pretreatment standards and specify which standards are applicable to each nondomestic user. The list shall indicate which nondomestic users are subject to local standards that are more stringent than the categorical pretreatment standards. The publicly owned treatment works shall also list the nondomestic users that are subject only to local requirements. (b) A summary of the status of nondomestic user compliance over the reporting period. (c) A summary of compliance and enforcement activities, including inspections, conducted by the publicly owned treatment works during the reporting period. (d) A summary of toxics monitored of influent, sludge, and effluent. (e) Any other relevant information requested by the approval authority. (9) Both of the following provisions apply to the notification of a changed discharge: (a) A nondomestic user shall promptly notify the publicly owned treatment works in advance of any substantial change in the volume or character of pollutants in its discharge, including all of the following, if applicable: (i) Groundwaters that are purged for remedial action programs. (ii) Groundwaters containing pollutants that infiltrate into the sewers. (iii) The listed or characteristic hazardous wastes for which the nondomestic user has submitted initial notification under subrule (15) of this rule. (b) Publicly owned treatment works shall evaluate all new or changed discharges with respect to general and specific prohibitions contained in R 323.2303 before acceptance by the publicly owned treatment works. (10) Publicly owned treatment works shall notify the approval authority of any substantial change in the volume or character of pollutants discharged to or from the publicly owned treatment works as required by 40 C.F.R. §122.42 (1990), or as contained in the notification requirements of the publicly owned treatment works' permit. (11) The reports required by subrules (2), (3), (4), and (7) of this rule shall include the certification statement as set forth in R 323.2311(2)(b)(ii) and shall be signed as follows: (a) By a responsible corporate officer if the industrial user submitting the reports required by subrules (2), (3), (4), and (7) of this rule is a corporation. For the purpose of this subrule, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation or means the principal manager of 1 or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures of more than $25,000,000.00, in second-quarter 1980 dollars, if authority to sign the documents has been assigned or delegated to the manager in accordance with corporate procedures. (b) By a general partner or proprietor if the industrial user submitting the reports required by subrules (2), (3), (4), and (7) of this rule is a partnership or sole proprietorship, respectively. (c) By a duly authorized representative of the individual designated in this subrule if all of the following provisions apply: (i) The authorization is made in writing by the individual described in subdivision (a) or (b) of this subrule. (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field, or superintendent or a position of equivalent responsibility or that has overall responsibility for environmental matters for the company. (iii) The written authorization is submitted to the control authority. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this subrule shall be submitted to the control authority before or together with any reports to be signed by an authorized representative. (12) Reports submitted to the approval authority by the publicly owned treatment works in accordance with subrule (8) of this rule shall be signed by a principal executive officer, ranking elected official, or other duly authorized employee if the employee is responsible for the overall operation of the publicly owned treatment works. (13) The reports and other documents required to be submitted or maintained under this rule shall be subject to all of the following provisions: (a) 18 U.S.C. section §1001 relating to fraud and false statements. (b) Section 309(c)(4) of the clean water act, as amended, governing false statements, representation or certification. (c) Section 309(c)(6) regarding responsible corporate officers. (d) Section 3115 of the act. (14) All of the following provisions apply to recordkeeping requirements: (a) A nondomestic user and publicly owned treatment works subject to the reporting requirements established in this rule shall maintain records of all information resulting from any monitoring activities required by this rule. The records shall include all of the following information for all samples: (i) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples. (ii) The dates analyses were performed. (iii) Who performed the analyses. (iv) The analytical techniques and methods used. (v) The results of the analyses. (b) A nondomestic user or publicly owned treatment works subject to the reporting requirements established in this rule shall be required to retain, for a minimum of 3 years, any records of monitoring activities and results, whether or not the monitoring activities are required by this rule, and shall make the records available for inspection and copying by the approval authority and the E.P.A. regional administrator and in the case of a nondomestic user, the publicly owned treatment works. The period of retention shall be extended during the course of any pending litigation regarding the nondomestic user or publicly owned treatment works or when requested by the approval authority or the E.P.A. regional administrator. (c) A publicly owned treatment works to which reports are submitted by a nondomestic user pursuant to subrules (2), (3), (4), and (7) of this rule shall retain the reports for a minimum of 3 years and shall make the reports available for inspection and copying by the approval authority and the E.P.A. regional administrator. The period of retention shall be extended during the course of any pending litigation regarding the discharge of pollutants by the nondomestic user or the operation of the publicly owned treatment works' pretreatment program or when requested by the approval authority or the regional administrator. (15) All of the following provisions apply to hazardous waste notification: (a) The nondomestic user shall notify the publicly owned treatment works, the E.P.A. regional waste management division chief, and the department, in writing, of any discharge into the publicly owned treatment works of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261 (1990). The notification shall include the name of the hazardous waste as set forth in 40 C.F.R. part 261 (1990), the E.P.A. hazardous waste number, and the type of discharge (continuous, batch, or other). If the nondomestic user discharges more than 100 kilograms of the waste per calendar month to the publicly owned treatment works, the notification shall also contain all of the following information to the extent the information is known and readily available to the nondomestic user: (i) An identification of the hazardous constituents contained in the wastes. (ii) An estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month. (iii) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. Nondomestic users who commence discharging after the effective date of this rule shall provide the notification not later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subdivision need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges shall b submitted under subrule (9) of this rule. The notification requirement in this rule does not apply to pollutants already reported under the self-monitoring requirements of this rule. (b) Dischargers are exempt from the requirements of subdivision (a) of this subrule during a calendar month in which they discharge 15 kilograms or less of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 261.33(e) (1990). 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 C.F.R. 261.30(d) and 261.33(e) (1990), requires a 1-time notification. Discharges in subsequent months of more than the quantities of any hazardous waste specified in this subdivision do not require additional notification. (c) If new regulations under section 3001 of the resource conservation recovery act of 42 U.S.C. §6901 et seq., identify additional characteristics of hazardous waste or list any additional substance as a hazardous waste, the nondomestic user shall notify the publicly owned treatment works, the E.P.A. regional waste management division chief, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of the regulations. (d) If notification is made under subdivision (a) of this subrule, the nondomestic 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.