§ 78-137. Reporting requirements and retention of records for IWDP holders and other industrial users.

(a)

Baseline monitoring report (BMR). A completed application for an IWDP shall contain more information than is required from an SIU for a BMR as defined in 40 CFR 403.12(b)(1) through (7) and Rule 62-625.600(1)(a) through (g), F.A.C. The completed application shall be used by the city as the equivalent of a BMR.

(b)

Compliance schedule progress report. If the application for an IWDP (or BMR) contains a compliance schedule as provided for in section 78-134(a)(5)m., within 90 days following the date for final compliance with applicable pretreatment standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any SIU subject to pretreatment standards and requirements shall submit to the assistant to the city manager for public services a compliance schedule progress report.

(c)

Report on compliance with categorical pretreatment standards. 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 POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in section 78-134(a)(5)c., d., and n., of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 62-625.410(4), F.A.C., 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 period.

(d)

Periodic compliance reports. All permitted SIUs shall submit periodic compliance reports to the assistant to the city manager for public services in accordance with the terms of their IWDP. All compliance reports shall be in accordance with the following:

(1)

Copies of all approved periodic compliance forms attached to the IWDP (or alternative forms approved by the assistant to the city manager for public services) shall be completed and submitted to the assistant to the city manager for public services. In addition, a copy of the analytical results and chain of custody forms received from the contracting laboratory shall be attached to the report.

(2)

The specific months in which periodic compliance reporting is required shall be included in the IWDP of each SIU. This frequency shall equal or exceed the twice per year state requirements of Rule 62-625.600(4)(a) and (7)(a), F.A.C. At the discretion of the assistant to the city manager for public services, as applicable, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the assistant to the city manager for public services may agree in writing to alter the months during which the above reports are to be submitted.

(3)

The due date for submission of periodic compliance reports to the assistant to the city manager for public services shall be the 30th day following the end of the month in which they are required by the significant industrial user's IWDP. Reports submitted after the due date may result in initiation of demand monitoring or other enforcement action by the city at the IWDP holder's expense. Reports submitted 45 days or more after the due date shall result in the SIU being declared to be in significant noncompliance with reporting requirements as required by subsection (h) of the definition of SNC contained herein.

(4)

All SIUs shall complete each periodic compliance report utilizing data obtained through appropriate sampling and analysis performed during the period covered by the report, which is representative of conditions occurring during the reporting period. The city shall include in the IWDP a required frequency of monitoring necessary to assess and assure compliance by SIUs with applicable pretreatment standards and requirements. The results of all discharge monitoring, whether or not required by the IWDP, shall be included in the report provided that test procedures approved by the approval authority are used. In cases where the pretreatment standard or local limit requires compliance with a BMP or pollution prevention alternative, the SIU shall submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the SIU.

(5)

The assistant to the city manager for public services shall approve and include in the IWDP the locations at which the industrial user shall collect samples required for periodic compliance reports. Monitoring locations may be changed only after prior written permission by the assistant to the city manager for public services.

(6)

Sampling and analytical requirements for periodic compliance reports shall be performed in accordance with section (o) of this section. All analyses shall be performed by a laboratory certified by Florida Department of Health for environmental analysis.

(7)

Together with every periodic compliance report, the permittee shall submit the following certification statement, signed by an authorized representative of the industrial user or designee. The exact wording of this statement shall be 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 gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted 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 fines and imprisonment for knowing violation."

(e)

Report of changed conditions. All industrial users are required to notify the assistant to the city manager for public services of any planned significant changes to the industrial 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 assistant to the city manager for public services may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an IWDP application.

(2)

The assistant to the city manager for public services may issue a new IWDP or modify an existing IWDP as required.

(3)

No industrial user shall implement the planned changed condition until and unless the assistant to the city manager for public services has responded to the industrial user's report.

(4)

For purposes of this requirement flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants shall be deemed significant.

(f)

Reports of potential problems. All industrial users shall submit reports of potential problems and accidental spills/slug loads to the assistant to the city manager for public services as detailed in subsection 78-136(l) of this article. Failure to notify the city of potential problem discharges shall be deemed a separate violation of this article.

(g)

Reports from unpermitted users. Any industrial user who is not required to obtain an IWDP, shall, if required, submit a report to the assistant to the city manager for public services containing specified analyses of its wastewater discharge.

(h)

Notice of violation/repeat sampling and reporting. If sampling performed by an SIU for a periodic compliance report indicates any violation as defined herein, the SIU shall submit the report and shall notify the assistant to the city manager for public services within 24 hours after becoming aware of the violation. The permittee shall repeat the sampling and analysis and submit the results of the repeat analysis to the assistant to the city manager for public services within 30 days after becoming aware of the violation. Where the city has performed the sampling and analysis in lieu of the SIU, the city must perform the repeat sampling and analysis unless it notifies the SIU of the violation and requires the SIU to perform the repeat analysis. Resampling by the SIU is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling.

(i)

Notification of the discharge of hazardous waste. This subsection refers to all industrial users:

(1)

Any industrial 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 industrial user discharges more than 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 waste 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 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) above. The notification requirement in this section does not apply to pollutants already reported under the reporting requirements of subsections (a), (b) and (c) above.

(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 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR Part 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non acute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in 40 CFR Part 261.30(d) and 261.33(e), 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.

(3)

In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing and additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management 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 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.

(j)

Change of authorized representative of an industrial use. Should the permittee's authorized representative change during the permit period because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the user, a completed copy of the approved authorization form (attached to the IWDP) for the new representative or position must be submitted to the assistant to the city manager for public services.

(k)

Maintenance of records. Any SIUs subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section, including documentation associated with BMPs. Such records shall include for all samples:

(1)

The date, exact location, method and time of sampling, the names of the persons taking the samples, and chain of custody of the samples;

(2)

The dates analyses were performed;

(3)

The person that performed the analyses;

(4)

The analytical techniques/methods used; and

(5)

The results of such analyses.

(l)

Retention of records. Any SIU subject to the reporting requirements established in this section, including documentation associated with BMPs, shall be required to retain for a minimum of three years records of all submitted periodic compliance reports and any other such monitoring activities and/or analytical data pertaining to these reports (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the assistant to the city manager for public services, state or EPA. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the assistant to the city manager for public services, the state or EPA upon reasonable notice to the permittee.

(m)

Confidentiality. Information and data on a user obtained from reports, questionnaires, IWDP applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user stamps the words "confidential business information" on each page containing such information at the time of submission, and is able to demonstrate to the satisfaction of the assistant to the city manager for public services that the release of this specific material, would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Those portions of any document identified in writing by the permittee as disclosing trade secrets or secret processes shall not be made available to the public pursuant to Section 308(b) of the Act unless determined by a court of competent jurisdiction to be subject to disclosure. These documents shall, however, be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(n)

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 U.S. Postal Service, the date of receipt of the report shall govern. Faxed copies of the report will only be accepted if the complete original report is received by the city within five working days of the fax copy.

(o)

Sampling and analytical requirements. The following regulations apply to all wastewater sampling and analytical methods and techniques required by this article:

(1)

Except as indicated in subsection (2) below, wherever wastewater sampling is required by the terms of this article or IWDP, such sampling shall be performed using flow proportional composite collection techniques in order to collect a representative wastewater sample throughout the total daily period of effluent discharge by the user. Alternatively, the city may authorize the use of time proportional sampling or a minimum of eight grab aliquots composited into a single sample where the SIU demonstrates that this will provide a representative sample of the effluent being discharged. Where time-proportional composite sampling or aliquot grab sampling is authorized by the city, the decision to allow the alternative sampling must be documented in the industrial user file for that facility.

(2)

Samples for oil and grease, temperature, specific conductance, pH, cyanide, total phenols, sulfides and volatile organic compounds shall be obtained using grab collection techniques. Using protocols (including appropriate preservation) specified in Chapter 62-160, F.A.C., and DEP-SOP-001/01, multiple grabs collected during a 24-hour period may be composited prior to analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(3)

Oil and grease samples shall be collected in accordance with paragraph (2) above unless the sampling location or point cannot be physically accessed to perform a direct collection of a grab sample. In these instances, the sample shall be pumped from the sampling location or point into the sample container using a peristaltic-type pump. All pump tubing used for sample collection must be new or pre-cleaned and must be changed between sample containers and sample points. The pump tubing shall not be pre-rinsed or flushed with sample prior to collecting the sample. The report of analysis shall indicate that a peristaltic pump was used to collect the oil and grease sample.

(4)

All sample preservation procedures, container materials, maximum allowable holding times and analytical techniques to be submitted as part of any application or report required by this article shall be performed in accordance with the procedures and techniques specified in "The Department of Environmental Protection Standard Operating Procedures for Field Activities"(DEP-SOP-001/01) February 2004 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If DEP-SOP-001/01 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with Rule 62-625.600(1)(e)6b and 6c or procedures approved by the EPA.

(5)

All pollutant analyses, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, 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, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the control authority or other parties approved by EPA. All analyses shall be performed by a laboratory certified by Florida Department of Health for environmental analysis for all pollutants concerned.

(6)

An SIU may request the control authority to perform all sampling and analysis of its wastewater in lieu of self monitoring by the SIU. This sampling and analysis shall be performed by the control authority according to subsection (3) above following the control authority's FDEP approved written comprehensive quality assurance plan.

(7)

Where an SIU performs its own sampling, the SIU shall develop a written procedure for the sampling based on subsection (4) above and shall submit this to the control authority for approval. The SIU shall be required to demonstrate the complete field sampling procedure at its facility to the satisfaction of the control authority prior to the issuance of approval.

(8)

Where a private contractor is selected by a SIU to perform the necessary sampling and/or laboratory analysis, the SIU shall submit and maintain current copies of the following private contractor's documents to the control authority prior to any sampling or analysis data being accepted by the control authority.

a.

FDOH Environmental Water Certification Analytes List.

b.

Environmental Water Certificate as issued by the Office of Laboratory Services, Jacksonville, Florida.

c.

The latest FDEP approval correspondence containing the FDEP assigned comprehensive quality assurance plan number.

d.

The sampling protocols contained in the comprehensive quality assurance plan.

The contractor may be required, at the control authority's request, to demonstrate the complete field sampling procedure at the SIU's facility. Analytical results will not be accepted from the SIU or its selected private laboratory until the sampling procedure has been approved by the city.

(Ord. No. 11-38, § I(Exh. A), 12-8-11)