§ 26-51. Reporting requirements.
(a)
Categorical users.
(1)
Baseline monitoring report. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging or scheduled to discharge to the POTW who have not previously submitted such information shall submit to the control authority a report which contains the information required in this paragraph. At least ninety (90) days prior to commencement of discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical pretreatment standard shall submit to the control authority a report which contains the information required in this paragraph. A new source shall report the method of pretreatment it intends to employ to meet the applicable Categorical Pretreatment Standards. A new source shall give reasonable estimates of its anticipated flow and quantity of pollutants to be discharged.
a.
Identifying information. The name and address of the facility, including the name of the operator(s) and owner(s).
b.
Environmental permits. A copy of all environmental control permits held by or for the facility.
c.
Description of operations. A brief description of the nature, average rate of production, and Standard Industrial Classification Code(s) of the operation(s) carried out at the facility. This description shall include a schematic process diagram and a plumbing diagram which indicates the point(s) of discharge to the POTW from the regulated process(es).
d.
Flow measurement. Information showing the measured average and maximum daily flow, in gallons per day, to the POTW from each of the following:
1.
Each regulated process wastestream;
2.
Other wastestreams as necessary to allow use of the combined wastestream formula as outlined in 40 CFR 403.6.
3.
A verifiable estimate of these flows may be provided where justified by cost or feasibility considerations.
e.
Measurement of pollutants. Identify the Pretreatment Standards applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration of pollutants (or mass of pollutants where required by the standard or the control authority) 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 the daily operation and shall be analyzed according to approved analytical procedures.
1.
Twenty-four-hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible except cyanide, pH, total phenols, oil and grease, sulfide, and volatile organics, where required, shall be collected as four (4) grab samples during a twenty-four-hour period. In cases where the control authority determines that flow-proportional sampling is infeasible, samples may be obtained through time-proportional composite or through a minimum of four (4) grab samples where it can be demonstrated this will provide a representative sample of the discharge.
2.
A minimum of one (1) representative composite sample shall be collected and analyzed to compile the data necessary to comply with the requirements of this paragraph.
3.
Samples shall be taken immediately downstream from the pretreatment facilities if such exists or immediately downstream of the regulated process if no pretreatment exists. If other wastestreams are mixed with the regulated wastestream prior to pretreatment, flows and concentrations necessary to allow use of the combined wastestream formula, as outlined in 40 CFR 403.6, shall be measured in order to evaluate, compliance with the pretreatment standards. Where alternate concentration or mass limitations have been calculated in accordance with 40 CFR 403.6, this adjusted limit along with supporting data shall be submitted to the control authority.
4.
The baseline monitoring report shall indicate the date, place, and time of sampling and method of analysis and shall contain certification the sampling is representative of normal work cycles and expected pollutant discharge to the POTW.
5.
Where the pretreatment standard requires compliance with a best management practice (BMP) or a pollution preventative alternative, the user shall submit documentation as required by the applicable standards or by the control authority to determine compliance with the BPM or pollution prevention alternative.
f.
Certification. The report shall include a statement reviewed by an authorized representative (as defined in 40 CFR 403.12(l)) and certified to by a qualified professional indicating whether the Pretreatment Standards are being met on a consistent basis and, if not, whether additional operations and maintenance (O & M) or additional pretreatment is required to meet the applicable standards.
g.
Compliance schedule. If additional pretreatment or O & M is required to meet the applicable Pretreatment Standard, a plan outlining the shortest schedule by which such additional pretreatment or O & M will be provided shall be included. The completion date of this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
1.
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events (including, but 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) leading to the construction and operation of the additional pretreatment facilities required to meet the applicable Pretreatment Standard. No increment shall exceed nine (9) months.
2.
No later than fourteen (14) days following each date in the schedule and the final compliance date, a progress report shall be submitted to the control authority including, at a minimum, whether or not it complied with the increment in the schedule and, if not, the reason for the delay, the date compliance with the increment is expected, and the steps being taken to return the construction to the schedule established. In no instance shall more than nine (9) months elapse between progress reports to the control authority.
3.
The compliance schedule shall be signed and certified by the authorized representative in accordance with paragraph (e) of this section.
(2)
Ninety-day compliance report. Within ninety (90) days of the date for final compliance with the applicable pretreatment standard, or in the case of a New Source, ninety (90) days following the commencement of the introduction of wastewater into the POTW, any nondomestic user subject to Categorical Pretreatment Standards and Requirements shall submit a report to the control authority containing the information required in paragraph (a)(1)d.—f. above.
a.
For nondomestic users subject to equivalent mass or concentration limits calculated in accordance with 40 CFR 403.6, this report shall contain a reasonable estimate of the nondomestic user's long term production rate.
b.
For all other nondomestic users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measurement of operation), the report shall include the actual production during the appropriate sampling period.
(3)
Periodic compliance reports. Any nondomestic user subject to a Categorical Pretreatment Standard, after the compliance date of such standard, or in the case of a new source, after commencement of discharge into the POTW, shall submit periodic reports indicating the nature and concentration of pollutants in the discharge which are limited by the Pretreatment Standard.
a.
Periodic compliance reports shall be submitted to the control authority on or before the due date as specified by the control authority. Minimum sampling and reporting frequencies shall be specified by the control authority and in no case shall be less than twice per year.
b.
Periodic compliance reports shall contain, at a minimum, the following information:
1.
The results, expressed in mg/L or mass as may be required, of analyses for regulated pollutants;
2.
The date and time of sampling, sampling method used, and who collected the sample;
3.
The date and time of analyses and who performed the analyses;
4.
The analytical techniques/methods used;
5.
The average and maximum daily flow from the regulated process for the calendar month;
6.
The minimum and maximum pH recorded during the reporting period (not subject to averaging);
7.
Analytical quality control data; and
8.
The information required in paragraph (2)a. and b. above, where applicable.
c.
All wastewater samples shall be representative of the discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times and records of such shall be maintained. Failure to keep the monitoring facility in good working order shall not be grounds for claiming analytical results are not representative of the discharge.
d.
If the nondomestic user subject to reporting requirements in this paragraph monitors any pollutant at the designated sampling point more frequently than required, using approved analytical procedures, the results of this monitoring shall be included in the report.
e.
Where the pretreatment standard requires compliance with a best management practice (BMP) or a pollution preventative alternative, the user shall submit documentation as required by the applicable standards or by the control authority to determine compliance with the BPM or pollution prevention alternative.
(b)
Noncategorical users.
(1)
Self-monitoring reports. Any nondomestic user who is required by the control authority to analyze for pollutants in the wastewater discharge and submit self-monitoring reports shall submit those reports to the control authority on or before the due date as specified by the control authority. Minimum sampling and reporting frequencies shall be specified by the control authority but shall not be less than twice per year.
a.
Self-monitoring reports shall contain the information specified for periodic compliance reports outlined in paragraph (a)(3)b. above.
b.
Self-monitoring reports shall be submitted to the control authority on or before the due date as specified by the control authority.
c.
Paragraphs (a)(3)c. and d. shall apply to all self-monitoring reports.
(2)
Where the pretreatment standard requires compliance with a best management practice (BMP) or a pollution preventative alternative, the user shall submit documentation as required by the applicable standards or by the control authority to determine compliance with the BPM or pollution prevention alternative.
(c)
Reporting requirements applicable to all nondomestic users.
(1)
Report of changed conditions. Each nondomestic user shall notify the control authority of any planned significant changes to the operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days prior to the change.
a.
For the purpose of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) per cent or greater, additional wastestreams, and the discharge of any previously unreported pollutants.
b.
The control authority may require the nondomestic user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an application for wastewater discharge permit.
c.
The control authority may issue a permit or modify an existing permit in response to changed conditions or anticipated changed conditions.
(2)
Reports of potential problems. In a case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load that may cause potential problems for the POTW, the user shall immediately telephone and notify the control authority of the incident. This information shall include the location of the discharge, type of waste, concentration and volume, if known, and the corrective actions taken by the user.
a.
Within five (5) days following such discharge, the user shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken 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 POTW, 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.
b.
A notice shall be permanently posted on the nondomestic user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in this paragraph. Employers shall ensure all employees who may cause such a discharge to occur are advised of the emergency notification and containment procedures.
(3)
Notification of violation and repeat sampling. The nondomestic user shall notify the control authority, by telephone, within twenty-four (24) hours of becoming aware of a violation of the permit or of this article.
a.
The notification shall be followed by a written statement within five (5) working days providing a description of the violation, a description of the suspected cause of the violation, and the action the nondomestic user has or intends to take to prevent recurrence of the violation. The statement shall be signed by the facility's authorized representative.
b.
Such notification shall not relieve the user from liability or prevent the control authority from taking appropriate enforcement actions.
c.
If an analysis required by the control authority indicates a violation, the user shall repeat the sampling and analysis and shall submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation, except the user is not required to resample if:
1.
The control authority performs sampling at the facility at least once a month; or
2.
The control authority performed sampling at the facility between the time the user performed its initial sampling and the time the user receives the results of the sampling.
(d)
Reports from unpermitted nondomestic users.
(1)
All nondomestic users not required to obtain a permit shall provide appropriate reports to the control authority as the control authority may require in order to protect the POTW, to protect property and person of the residential user, and to meet regulatory requirements.
(2)
All reports shall be submitted to the control authority on or before the date specified by the control authority.
(3)
Notification of new or increased potential for slug discharges. The nondomestic user shall immediately notify the control authority of any changes to the physical facility or any industrial process and other changes which may cause or increase the potential for slug discharge. This notification requirement includes notification by users who have an existing slug discharge control plan or has conducted preventative actions previously and the existing plan or previous action does not adequately protect from accidental or slug discharges and by users who have not previously been required to develop a slug discharge control plan.
(e)
Signatory requirements for user reports and applications.
(1)
All reports and applications submitted to the control authority under this article shall include a certification statement signed by the facility's authorized representative. The certification statement shall read as follows:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment for knowing violations."
(2)
Where the user has an approved Toxic Organic Management Plan (TOMP), a TOMP signatory statement shall be submitted with each periodic compliance report. The statement shall be signed by the facility's authorized representative. The statement shall read as follows:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for Total Toxic Organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the wastewaters has occurred since the filing of the last discharge monitoring report. I further certify that this facility is implementing the Toxic Organic Management Plant (TOMP) submitted to the control authority."
(3)
Reports required by this article are subject to the provisions of 18 U.S.C. 1001 relating to fraud and false statements and the provisions of section 309(c)(2) of the act governing false statements, representations, or certifications in reports required under the Act.
(f)
Record keeping requirements.
(1)
Written reports submitted to the control authority shall be deemed submitted on the date postmarked. For reports which are not mailed, postage paid, into a mailing facility serviced by the United States Postal Service, the date of receipt shall govern.
(2)
Any user subject to the reporting requirements established in this article shall maintain records of all information resulting from all activities required by this article.
(3)
Any user subject to the reporting requirements in this article shall be required to retain, and make available upon request for inspection and copying by the control authority, the Arkansas Department of Ecology Environmental Quality (ADEQ), the Texas Commission on Environmental Quality (TCEQ) or the EPA, all records of information obtained pursuant to any monitoring activities required by this article, any records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices contained in a pretreatment standard for a minimum of three (3) years.
(Ord. No. K-526, § 1, 6-19-95; Ord. No. M-39, § 1(Att. A), 12-19-11)