Sec. 138-292. Reporting requirements for permittee; pretreatment standards.
(a) Compliance date report. 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 significant industrial user shall submit to the metro district a report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by pretreatment standards and requirements, and the average and maximum daily flow for those process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user and certified by a qualified professional engineer.
(b) Periodic compliance reports.
(1) Any significant industrial user after the date for final compliance with applicable pretreatment standards or, for a new source, after commencement of the discharge into the POTW shall submit to the metro district during the months of June and December, unless required more frequently in an applicable pretreatment standard or by the metro district, a report covering the preceding six months and indicating the nature and concentration of pollutants in the effluent which are limited by such applicable pretreatment standards or other standards enumerated in the industrial wastewater discharge permit. In addition, this report shall include a record of average and maximum daily flows for the reporting period for all regulated processes. At the discretion of the metro district and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the metro district may agree to alter the months during which the reports are to be submitted.
(2) The metro district may impose mass limitations on users which are found to be using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the periodic compliance reports shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports 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 metro district, of pollutants contained therein which are limited by the applicable pretreatment standards or requirements. All analyses shall be performed in accordance with procedures established by the administrator of the EPA pursuant to 33 USC 1314(g) and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the administrator of the EPA. Sampling shall be performed in accordance with the techniques approved by the administrator of the EPA.
(3) For users subject to equivalent mass or concentration limitations established by the city or the metro district in accordance with procedures established by the administrator of the EPA pursuant to 33 USC 1314(g) and contained in 40 CFR 403.6(c), as from time to time amended, compliance reports required by the user's respective permits shall contain a reasonable measure of the 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 the user's discharge permit shall include the user's actual average production rate for the reporting period.
(c) Monitoring facilities.
(1) The city or the metro district may require any user to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and internal drainage systems. The monitoring facility shall be situated on the user's premises but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within a reasonable time as specified in written notification by the city or the metro district.
(d) Inspection and sampling.
(1) The city or the metro district may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative or representatives of the metro district ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or records copying in the performance of any of their duties. The city, the metro district, the state Department of Public Health and Environment and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance and metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city, the metro district, the state Department of Public Health and Environment and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) The general manager or the metro district shall designate wastewater control inspectors to monitor and inspect establishments connected to the public sewer system.
(e) Pretreatment.
(1) Users shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all national categorical pretreatment standards, where required, within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city and the metro district. Any facilities of significant industrial users required to pretreat wastewater to a level acceptable to the metro district shall be provided, operated and maintained at the user's expense. Detailed plans shall be submitted to the metro district for review and shall be acceptable to the metro district before construction of the system. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the metro district.
(2) The metro district shall annually publish, in a local newspaper of general circulation, a list of the users that were in significant noncompliance with any pretreatment requirements or standards or permit requirements at least once during the 12 previous months. Reasons for a user to be considered in significant noncompliance shall include but are not limited to:
a. Chronic violations of wastewater discharge limits, in which 66 percent or more of all the measurements taken during any six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
b. Technical review criteria (TRC) violations, in which 33 percent or more of all the measurements for each pollutant parameter taken during any six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC, which applicable TRC shall equal 1.4 for BOD, TSS, and oil and grease, and 1.2 for all other pollutants except PH.
c. Any other violation of a pretreatment effluent limit that the metro district determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public.
d. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the metro district's or the city's exercise of their emergency authority to halt or prevent such a discharge.
e. Failure to accurately report noncompliance.
f. Failure to submit required reports within 30 days of their due dates.
g. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone.
h. Any other violation or group of violations that the metro district determines will adversely affect the operation or implementation of the local pretreatment program.
(3) All records relating to compliance with pretreatment standards shall be made available to officials of the city, the metro district, EPA or the approval authority upon request.
(f) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or any governmental agency without restriction unless, at the time of its submittal to the city or the metro district, the user specifically requests otherwise and is able to demonstrate to the satisfaction of the city or the metro district that the release of such material would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Information or data for which the user requests confidentiality must be plainly labeled "confidential."
(2) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit and the pretreatment program; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. (Code 1979, § 39-105(b); Ord. No. 2023-44, § 28, 9-11-2023; Ord. No. 2000-26, § 2, 4-24-2000)