Industrial and other nondomestic users are subject to reporting requirements as set out in this Section and elsewhere in this Article.
A. Within either one hundred eighty (180) days following the effective date of a categorical pretreatment standard, as may be amended from time to time, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), as may be amended from time to time, whichever is later, any existing user subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW, shall submit to the Director a baseline monitoring report containing the following information.
1. The name and address of the facility including the names of the operator and owner and the name and title of the authorized representative preparing the report.
2. A list of any environmental control or wastewater discharge permits or authorizations held by or for the facility.
3. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. The Director may require that the location be shown of storage areas for raw materials and for hazardous wastes as defined in 40 CFR Part 261 and 10 CSR 25, as may be amended from time to time.
4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated processes and other sources as necessary to allow use of the combined wastestream formula set out in 40 CFR 403.6(e), as may be amended from time to time.
5. Identification of the categorical pretreatment standards applicable to each regulated process.
6. The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the pretreatment standard or by the Director) 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. Samples shall be representative of daily operations and shall be collected and analyzed in accordance with the procedures set forth in Section 7.06.011 and in 10 CSR 20-6.100(10)(B)5, as may be amended from time to time.
The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. The Director may allow the submission of a baseline report which utilizes only historical data as long as the data provides information sufficient to determine the need for industrial pretreatment measures.
7. A statement indicating whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance (O&M) and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the user, and certified to by a qualified professional engineer.
8. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the industrial user shall report the shortest schedule for providing 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. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance pursuant to 40 CFR 403.7, as may be amended from time to time, the combined wastestream formula (Section 7.06.006, paragraph "G"), and/or a fundamentally different factors variance (Section 7.06.006, paragraph "H") at the time the industrial user submits the report required by paragraph "A" of this Section, the information required by paragraphs "A.7" and "A.8" of this Section shall pertain to the modified limits.
b. If the categorical pretreatment standard is modified by a removal allowance pursuant to 40 CFR 403.7, as may be amended from time to time, the combined wastestream formula (Section 7.06.006, paragraph "G"), and/or a fundamentally different factors variance (Section 7.06.006, paragraph "H") after the industrial user submits the report required by paragraph "A" of this Section, any necessary amendments to the information requested by paragraphs "A.7" and "A.8" of this Section shall be submitted by the industrial user to the Director within sixty (60) days after the modified limit is approved.
9. All baseline monitoring reports must be signed and certified in accordance with Section 7.06.014, paragraph "F".
At least 90 days prior to the commencement of discharge, new sources and sources that become significant industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the Director a report which contains the information listed in paragraphs "A.1" - "A.6" of this Section. A new source shall also report the method of pretreatment it intends to use to meet applicable categorical standards. New sources shall give estimates of the information requested in paragraphs "A.4" and "A.6" of this Section.
B. The following conditions shall apply to the schedule required by Section 7.06.015, paragraph "A" above. 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine (9) months. The industrial 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, 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 industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Director.
C. 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 industrial user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in Section 7.06.015, paragraphs "A.4" - "A.7". For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), as may be amended from time to time, this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial 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 industrial user's actual production during the appropriate sampling period. All samples collected for the 90 day compliance report shall be collected and analyzed in accordance with Section 7.06.011 and with 10 CSR 20-6.100(10)(B)5, as may be amended from time to time. All compliance reports must be signed and certified in accordance with Section 7.06.014, paragraph "F".
D. All significant industrial users subject to categorical standards shall, at a frequency determined by the Director but in no case less than twice per year (in July and January), submit a report indicating the nature and measured concentration (or mass, where required) in the discharge of all pollutants which are limited by such categorical standards and of any other pollutants which the Director requires to be monitored. The report shall also provide the measured or estimated average and maximum daily flows for the reporting period of regulated process streams and other streams as necessary to allow use of the combined wastestream formula. The reports shall be based on sampling performed in the period covered by the report, and all wastewater samples must be collected and analyzed in accordance with the procedures set forth in Section 7.06.011. All periodic compliance reports must be signed and certified in accordance with Section 7.06.014, paragraph "F".
For industrial users subject to categorical pretreatment standards expressed as equivalent mass or concentration limits, the report required by this paragraph shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial 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 this paragraph shall include the industrial user's actual average production rate for the reporting period.
E. The Director may perform the sampling and analysis required to be contained in the reports required in paragraphs "A", "C", and "D" of this Section in lieu of the industrial user. Where the Director performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under paragraphs "A.7" and "C" of this Section. In addition, where the Director collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
F. The Director may require nondomestic users with discharges that are not subject to categorical pretreatment standards at a frequency determined by the Director to submit a report indicating the nature and concentration (or mass, where required) of pollutants in the discharge which the Director requires to be monitored and the measured or estimated daily flows for the reporting period. These reports shall be based on sampling performed in the period covered by the report, and performed in accordance with the procedures set forth in Section 7.06.011. This sampling and analysis may be performed by the Director in lieu of the noncategorical nondomestic user. Where the Director collects all the information required for the report, the noncategorical nondomestic user will not be required to submit the report.
G. Each industrial user shall notify the Director of any planned substantial changes to the industrial user's operations or systems which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. The Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application. The Director may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to this notice. No industrial user shall implement the planned change condition until and unless the Director has responded to the industrial user's notice. For purposes of this requirement, flow increases of more than ten percent (10%) or the discharge of any previously unreported pollutant shall be deemed substantial changes.
The Director may waive part of the thirty (30)-day prior notice required under this paragraph for reasons including, but not limited to, contractual arrangements and unforeseen operational conditions. In order to be considered for a waiver, the industrial user must submit a request for waiver with its notification of planned changes.
H. In the case of any accidental or other slug discharge, or any other discharge which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 7.06.005 of this Article), it is the responsibility of the nondomestic user to immediately telephone and notify the Director of the incident in accordance with the procedures set forth in Section 7.06.008 of this Article.
I. As provided for in 40 CFR 403.3(t)(2) and 403.8(f)(6), as may be amended from time to time, any noncategorical SIU may petition the Director to make a determination that such industrial user has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement and that such industrial user should not be considered a significant industrial user. All nondomestic users which are not significant industrial users shall provide appropriate reports when so required by the Director.
J. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Director within twenty four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. The Director may waive the requirement to resample if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.
K. Under the Federal pretreatment regulations, industrial users discharging hazardous waste as of August 23, 1990, were required by the Federal pretreatment regulations to notify the WPC Director, the EPA Region VII Waste Management Division Director, and the Director of the Missouri Department of Natural Resources Hazardous Waste Program in writing within 180 days of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Any industrial user who commences the discharge of hazardous waste after the effective date of the Federal regulation is required to provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, as may be amended from time to time, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place 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. However, notification of changed discharges must be submitted under Section 7.06.015, paragraph "G" above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Section 7.06.015, paragraphs "A" and "C"-"F", above.
Dischargers are exempt from the above hazardous waste notification requirements during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), as may be amended from time to time. 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), as may be amended from time to time, requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
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 industrial user must notify the POTW, the EPA Region VII Waste Management Division Director, and the Director of the Missouri Department of Natural Resources Hazardous Waste Program of the discharge of such substance within ninety (90) days of the effective date of such regulations.
In the case of any notification made under this section, the industrial 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 subsection "K" shall not be construed to relieve the industrial user of any requirements for an accidental discharge control plan or slug discharge control plan as set forth in Section 7.06.008 of this Article, or from any reporting requirements for discharges which may cause potential problems for the POTW, as set forth in Sections 7.06.008 and 7.06.015, paragraph "H".
L. Nondomestic users shall maintain a record of the date and time, volume and methods of removal and disposal and location of disposal site(s) or solids, sludges, grease, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters. Records of receipt by the disposal facility of all such wastes removed from the site shall be maintained to provide a "cradle to grave" tracking system for removed wastes.
M. 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 U.S. Postal Service, the date of receipt of the report shall govern.
N. Nondomestic users shall make available for inspection and copying all records and information required by the Director. Nondomestic users shall maintain material safety data sheets, incoming hazardous waste manifests, outgoing hazardous waste manifests, records of sludge and other residual waste disposal, sampling records, analytical reports, production records, purchase records, reports submitted to regulatory agencies and other related records for a period of at least three (3) years. Such records shall include for all samples:
1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; and,
2. The dates analyses were performed; and,
3. Who performed the analyses; and,
4. The analytical techniques/methods used; and,
5. The results of such analyses.
The three year record retention period shall be automatically extended for the duration of any litigation concerning compliance with this Article, or where a nondomestic user has been specifically notified of a longer retention period by the Director.
0. Industrial users shall submit all other reports required hy Federal pretreatment regulations, including, but not limited to, reports identified in 40 CFR 403.12, as may be amended from time to time. The Director may on a case-by-case basis waive any reporting requirements contained in this Section which are not required under Federal or State laws or regulations.
A Clear Commitment to