§ 74-114. Reporting requirements for permittee.

(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 WWF and/or COPOSS, any industrial user subject to pretreatment standards and requirements shall submit to the city manager or his designee a report containing information found in subsection 74-114(e) of this division.

(b)

Periodic compliance reports.

(1)

Any industrial user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the WWF and/or COPOSS, shall submit to the city manager or his designee during the months of June and December, unless required more frequently in the pretreatment standard by the city manager or his designee, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported pursuant to section 74-113. At the discretion of the city manager or his designee and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the city manager or his designee may agree to alter the months during which the above reports are to be submitted. In cases where the pretreatment standard requires compliance with BMP or pollution prevention alternative, the industrial user must submit documentation required by the city or the pretreatment standard necessary to determine the compliance status of the industrial user. In some cases the WWF completes reporting see subsection 74-116(b).

(2)

The city manager or his designee shall impose mass limitations on industrial users who are using or attempting to use dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. Dilution is prohibited as a substitute for treatment except where expressly authorized by an applicable standard or requirement. In such cases, the report required by subsection (b)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the industrial 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 city manager or designee, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR part 136, Rule 62-625.600(e), F.A.C., National Environmental Laboratory Accrediting Conference (NELAC), and amendments thereto, or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. (Comment: Where 40 CFR part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with subsection 74-114(p)

(3)

The city may reduce the requirement in subsection 74-114(b)(1) above to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the FDEP, where the industrial user meets all of the following conditions:

a.

The industrial user's total categorical wastewater flow does not:

1.

Exceed 0.01 percent of the design dry weather hydraulic capacity of the WWF, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

2.

Exceed 0.01 percent of the design dry weather organic treatment capacity of the WWF; or

3.

Exceed 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed for a WWF in accordance with subsection 62-625.400(3), F.A.C.

b.

The industrial user has not been in significant noncompliance in the past two years; and

c.

The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

(4)

The industrial user must notify the city manager or his designee of any changes at its facility causing it to no longer meet conditions subsection 74-114(b)(3) found above. Upon notification, the industrial user must immediately begin complying with the minimum reporting in subsection 74-114(1) found above.

(5)

The city may authorize an industrial user subject to a categorical pretreatment standards to obtain a monitoring waiver in subsection 74-114(f)(4).

(6)

The reports required in subsection (f) of this section shall be based upon data obtained through sampling and analysis performed during the period covered by the report. This data shall be representative of conditions occurring during the reporting period. The control authority shall require frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. The WWF may monitor pursuant to subsection 74-116(b).

(7)

If an industrial user subject to the reporting requirement in subsection (f) of this section monitors any pollutant more frequently than required by the control authority, using the procedures required by subsection (c)(2)e.6. of this section, the results of this monitoring shall be included in the report.

(8)

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 United States Postal Service, the date of receipt of the report shall govern. The WWF may monitor pursuant to subsection 74-116(b).

(c)

Baseline report. Reporting requirements for industrial users upon the effective date of categorical pretreatment standards is the baseline report.

(1)

Existing industrial users. 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 request under Rule 62-625.410(2)(d), F.A.C., whichever is later, existing categorical industrial users subject to such categorical pretreatment standards and currently discharging, or scheduled to discharge, to a WWF and/or COPOSS, shall submit to the control authority a report which contains the information listed in subsection (2) of this section. All baseline reports must be certified in accordance with subsection 74-113(b)(14) and signed by a responsible corporate officer.

(2)

New industrial users. At least 90 days prior to commencement of discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the control authority a report which contains the information listed in subsections a. through e. below. New sources shall include in this report information on the method of pretreatment they intend to use to meet applicable pretreatment standards including BMP's. New sources shall give estimates of the information requested in subsections (c)(2)d. of this section. All baseline reports must be certified in accordance with subsection 74-113(b)(14) and signed by a responsible corporate officer.

a.

Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.

b.

Permits. The industrial user shall submit a list of any pollution control permits held by or for the facility.

c.

Description of operations. The industrial user shall submit a brief description of the nature, average rate of production, and NAICS codes of the operations carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge to the WWF from the regulated processes.

d.

Flow measurement. The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the WWF and/or COPOSS from each of the following:

1.

Regulated process streams; and

2.

Other streams as necessary to allow use of the combined waste stream formula of Rule 62-625.410(6), F.A.C. or the flow weighted average formula. The control authority shall allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

e.

Measurement of pollutants.

1.

The industrial user shall identify the pretreatment standards applicable to each regulated process.

2.

In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the pretreatment standard or control authority) of regulated pollutants in the discharge from each regulated process. All laboratory and analytical reports shall comply in accordance with subsection 74-114(p). Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and in accordance with subsection 74-114(p). In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.

3.

Grab samples in accordance with subsection 74-114(p) can be used for measuring pollutants.

4.

The industrial user shall take a minimum of one representative sample in accordance with subsection 74-114(p) to compile the data necessary to comply with these requirements. The WWF may monitor pursuant to subsection 74-116(b).

5.

Samples in accordance with subsection 74-114(p) shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of Rule 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit is required in accordance with Rule 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the control authority.

6.

All activities related to sampling and analysis shall comply with subsection 74-114(p).

7.

The industrial user may submit a baseline report utilizing only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

8.

The baseline report shall indicate the time, date and place of sampling, methods of analysis, and test results for each component, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF and/or COPOSS.

9.

All baseline reports must be certified in accordance with subsection 74-114(k)(1) and signed by a responsible corporate officer.

f.

Certification. The industrial user may submit a statement of progress concerning their compliance schedule at any time although not in lieu of a required report.

g.

Compliance schedule. If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or operation and maintenance as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

1.

Where the industrial user's categorical pretreatment standard has been modified by the control authority using methods approved in Chapter 62-625.410 F.A.C., at the time the industrial user submits the report required by this subsection, the certification statement and compliance schedule shall pertain to the modified limits.

2.

If the categorical pretreatment standard is modified as described above after the industrial user submits the report required by this subsection, any necessary amendment to the certification statement and compliance schedule shall be submitted by the industrial user to the control authority within 60 days after the modified limit is approved.

(d)

Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the compliance schedule required by subsection (c)(2)g. of this section:

(1)

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).

(2)

No increment referred to in subsection (d)(1) of this section shall exceed nine months.

(3)

Within 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.

(e)

Report on compliance with categorical pretreatment standard deadline. With 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 WWF and/or COPOSS, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in subsections (c)(2)d. through (c)(2)f. of this section. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures specified by Rule 62-625.410(4), F.A.C., 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.

(f)

Periodic reports on continued compliance.

(1)

Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the WWF and/or COPOSS, shall submit to the control authority as specified in the permit, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in subsection (c)(2)d. of this section, except that the control authority shall require more detailed reporting of flows if necessary to comply with the requirements of this rule.

(2)

Where the control authority has imposed mass limitations on industrial users as provided for by Rule 62-625.410(5), F.A.C., the report required by subsection (f)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

(3)

For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in Rule 62-625.410(4), F.A.C., the report required by subsection (f)(1) above 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), the report required by subsection (f)(1) above shall include the industrial user's actual average production rate for the reporting period.

(4)

The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

a.

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process water.

b.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The industrial user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. As indicated in subsection 74-113(b).

c.

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any pretreatment present at the facility that is representative of all wastewater from all processes.

d.

The request for a monitoring waiver must be signed in accordance with subsection 74-114(k)(1).

e.

Non-detectable sample results in accordance with subsection 74-114(p) may be used only as a demonstration that a pollutant is not present if the approved method from 62-4.246, F.A.C. with the lowest minimum detection level for that pollutant was used in the analysis.

f.

Any grant of the monitoring waiver by the city must be included as a condition in the industrial user's permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the city for three years after expiration of the waiver.

g.

Upon approval of the monitoring waiver and revision of the industrial user's permit by the city, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.

1.

Certification of pollutants not present: Based on my inquiry of the person or persons directly responsible for managing compliance with the Minor User, NSCIU, or Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report found in the pretreatment permit.

h.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the industrial user's operations, the user must immediately comply with the monitoring requirements of section 74-114 or other more frequent monitoring requirements imposed by the city, and notify the city.

i.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

(g)

Notice of potential problems, including slug discharges. All categorical and significant noncategorical industrial users are required to notify the control authority and WWF management immediately of any changes at its facility or discharges that could cause problems or a potential slug discharge to the WWF and/or COPOSS, including any slug discharges and prohibited discharges, as specified by Rule 62-625.400(2), F.A.C. New SIU's must develop a slug control plan found in subsection 74-113(d)(10) within one year. If there are any changes to an industrial user's slug control plan that affects the potential for slug discharge, the industrial user must immediately notify the WWF and control authority.

(h)

Monitoring and analysis to demonstrate continued compliance. All SIUs are required to submit periodic compliance reports even if they have been designated a non-significant categorical industrial user.

(i)

Reporting requirements for industrial users not subject to categorical pretreatment standards or industrial users applying BMP's.

(1)

The control authority shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant and non-significant, noncategorical industrial users shall submit to the control authority a report at the frequency stated in the permit and contain a description of the nature, concentration and flow of the pollutants required to be reported by the control authority.

(2)

The reports shall be based on sampling and analysis performed by the user in the period covered by the report, and are subject to the same requirements specified in subsection (c)(2)e.6. of this section.

(j)

Notification of changed discharge. All industrial users shall promptly notify the control authority in advance of any change in the volume or character of pollutants in their discharge that may result in pass through or interference at the WWF, discharges that may affect the sewer system, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection (n) of this section.

(k)

Signatory requirements for industrial user reports.

(1)

The reports required by section 74-114 including periodic compliance reports shall include the certification statement as set forth in Rule 62-625.410(2)(b)2, F.A.C., and shall be signed by a responsible corporate officer of the industrial user. The certification statement must contain the wording:

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 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 fine and imprisonment for knowing violations.

(2)

This certification must accompany any alternative report required by the city. A non-significant categorical industrial user ("NSCIU") certification is required to be submitted annually by users determined to be NSCIUs and signed by a responsible corporate officer stating that:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]:

(1)

The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as described in paragraph 62-625.200(25)(c), F.A.C.;

(2)

The facility complied with all applicable pretreatment standards and requirements during this reporting period; and

(3)

The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption].

(3)

If the designation of a responsible corporate officer 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 written authorization satisfying the requirements of this section must be submitted to the city's WWF management at 817 Oak St., Port Orange, FL 32127, prior to or together with any reports to be signed by a responsible corporate officer.

(l)

Provisions governing fraud and false statements. Any person, including a responsible corporate officer, submitting or maintaining reports and other documents required under this section shall be subject to the civil and criminal penalties of F.S. § 403.161, for any falsification described in that section.

(m)

Record-keeping requirements.

(1)

Any industrial user and control authority subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. All sampling and analysis activities shall be subject to the record-keeping requirements specified in accordance with subsection 74-114(p).

(2)

Industrial users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division, any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements, and documentation associated with BMP's. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples, the dates analysis were performed, who performed the analysis, and the analytical techniques or methods used; and the results of such analysis. These records shall remain available for a minimum of three years. This period of retention may be extended during the course of any unresolved litigation regarding the industrial user or the city, or where the industrial user has been specifically notified of a longer retention time period by the city.

(n)

Provisions governing hazardous waste.

(1)

The industrial user shall notify the control authority and the FDEP hazardous waste and pretreatment authorities in writing of any discharge into the WWF and/or COPOSS of a substance, which, if otherwise disposed of, would be hazardous waste under Chapter 62-730, F.A.C. Such notification shall include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms (100 kg/L) of such waste per calendar month to the WWF and/or COPOSS, the notification shall also contain information (to the extent such information is known and readily available to the industrial user) identifying the hazardous constituents in the waste stream discharged during that calendar month, and estimating the mass of constituents in the waste stream expected to be discharged during the following 12 months. Industrial users who commence discharging after the effective date of this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection shall be submitted only once for each hazardous waste discharged. However, notifications of changed discharges shall be submitted under subsection (j) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of subsections (c), (e) and (f) of this section.

(2)

Industrial users shall be exempt from the requirements of subsection (n)(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 Chapter 62-730, F.A.C. Discharge of more than 15 kilograms of non-acute hazardous wastes as specified in Chapter 62-730, F.A.C., 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 FDEP regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the control authority and the department's hazardous waste and pretreatment 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 subsection, the industrial user shall certify that it has a program in place acceptable to the city manager or his designee to reduce the volume and toxicity of hazardous wastes generated.

(5)

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.

(o)

Sampling and analytical requirements must comply with 40 CFR part 136, paragraph 62-625.600(1)e, F.A.C., Chapter 62-160 F.A.C., and the FDEP Standard Operating Procedures for Field Activities, DEP-SOP-110/01, DEP-SOP-001/01, FS2400, Wastewater Sampling.

(p)

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(1)

Except as indicated in subsection (2) and (3) below, the industrial user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the WWF management. Where time-proportional composite sampling or grab sampling is authorized by the WWF management, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the 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 WWF management, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(2)

Grab samples in accordance with subsection 74-114(p) shall be used for any tests to measure pH, cyanide, total phenols, oil and grease, sulfide, volatile organics, temperature, dissolved oxygen, chlorine residual, un-ionized ammonia, microbiology, specific conductance, and dissolved constituents (e.g., ortho phosphate, etc.).

(3)

For sampling required in support of baseline monitoring and 90-day compliance reports required in subsection 74-114(b)(3), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the WWF management may authorize a lower minimum. For the reports required by subsection 74-114(b)(1), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

(Ord. No. 2012-17, § 1, 7-24-12)