<div class="chunk-title">Sec. 78-65. - Reporting requirements.</div>
<div class="chunk-content">
            <p class="incr0">
               1.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Baseline monitoring reports.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               Within either 180 days after the effective date of a categorical pretreatment standard,
               or the final administrative decision on a category determination under 40 CFR 403.6(a)(4),
               whichever is later, existing industrial users who are subject to the standard and
               are currently discharging to or scheduled to discharge to the POTW shall submit to
               the executive director a report which contains the information listed in paragraph
               (b) below. At least 90 days prior to commencement of their discharge, new sources,
               and sources that become categorical users subsequent to the promulgation of an applicable
               categorical standard, shall submit to the executive director a report which contains
               the information listed in paragraph (b) below. A new source shall report the method
               of pretreatment it intends to use to meet applicable categorical standards. A new
               source also shall give estimates of its anticipated flow and quantity of pollutants
               to be discharged.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               Users described above shall submit to the executive director the information set forth
               below:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Identifying information.</span> The name and address of the facility, including the name of the operator and owner.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Environmental permits.</span> A list of any environmental control permits held by or for the facility.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Description of operations.</span> A brief description of the nature, average rate of production, and standard industrial
               classifications of the operation(s) carried out by such user. This description should
               include a schematic process diagram which indicates points of discharge to the POTW
               from the regulated processes.
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Flow measurement.</span> Information showing the measured average daily and maximum daily flow, in gallons
               per day, to the POTW from regulated process streams and other streams, as necessary,
               to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Measurement of pollutants.</span>
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               The categorical pretreatment standards applicable to each regulated process.
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               The results of sampling and analysis identifying the nature and concentration, and/or
               mass, where required by the standard or by the executive 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. The sample shall
               be representative of daily operations and shall be analyzed in accordance with procedures
               set out in section 78-65.10 of this article.
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               Sampling must be performed in accordance with procedures set out in section 78-65.11
               of this article and 40 CFR 403.12(b) and (g), including 40 CFR 403.12(g)(4).
               
            </p>
            		
            <p class="incr2">
               (6)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Certification.</span> A statement, reviewed by the user's current authorized representative as defined
               in section 78-61.2(a)(3) and certified by a qualified professional, indicating whether
               pretreatment standards are being met on a consistent basis, and, if not, whether additional
               operation and maintenance (O&amp;M) and/or additional pretreatment is required to meet
               the pretreatment standards and requirements.
               
            </p>
            		
            <p class="incr2">
               (7)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Compliance schedule.</span> If additional pretreatment and/or O&amp;M will be required to meet the pretreatment standards,
               the shortest schedule by which the user will provide such additional pretreatment
               and/or O&amp;M. The completion date in this schedule shall not be later than the compliance
               date established for the applicable pretreatment standard. A compliance schedule pursuant
               to this section must meet the requirements set out in section 78-65.2 of this article.
               
            </p>
            		
            <p class="incr2">
               (8)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Signature and certification.</span> All baseline monitoring reports must be signed and certified in accordance with section
               78-64.2(c) of this article.
               
            </p>
            		
            <p class="incr0">
               2.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Compliance schedule progress reports.</span> The following conditions shall apply to all industrial users, who are required by
               WSACC to submit compliance schedules in conjunction with their baseline monitoring
               reports, interim permit limits or enforcement orders:
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               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, but are 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);
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               No increment referred to above shall exceed nine months;
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               The user shall submit a progress report to the executive director no later than 14
               days following each date in the schedule and the final date of compliance including,
               as 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 user to return to
               the established schedule; and
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               In no event shall more than nine months elapse between such progress reports to the
               executive director.
               
            </p>
            		
            <p class="incr0">
               3.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Reports on compliance with categorical pretreatment standard deadline.</span> 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 industrial user subject to such pretreatment
               standards and requirements shall submit to the executive director a report containing
               the information described in section 78-65.1(b)(4)â€”(6) of this article. For users
               subject to equivalent mass or concentration limits established in accordance with
               the procedures in 40 CFR 403.6(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 sampling period. All compliance reports must
               be signed and certified in accordance with section 78-64.2(c) of this article.
               
            </p>
            		
            <p class="incr0">
               4.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Periodic compliance reports.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               All SIUs shall, at a frequency determined by the executive director but in no case
               less than once every six months, submit a report indicating the nature and concentration
               of pollutants in the discharge which are limited by pretreatment standards and the
               applicable flows for the reporting period. Sampling and analysis must be performed
               in accordance with procedures set out in sections 78-65.10 and 78-65.11 of this article.
               All periodic compliance reports must be signed and certified in accordance with section
               78-64.2(c) of this article.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               If a user subject to the reporting requirement in this section monitors any pollutant
               more frequently than required by the executive director, using the procedures prescribed
               in sections 78-65.10 and 78-65.11 of this article, the results of this monitoring
               shall be included in the report.
               
            </p>
            		
            <p class="incr0">
               5.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Reports of changed conditions.</span> Each user must notify the executive director of any planned significant changes to
               the user's operations or system which might alter the nature, quality, or volume of
               its wastewater at least 60 days before the change. Failure of WSACC to respond does
               not relieve the industrial user from complying with this article. The permittee shall
               not begin the changes until receiving written approval from the control authority
               and/or municipality. See section 78-65.6(d) for other reporting requirements.
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               The executive director may require the user to submit such information as may be deemed
               necessary to evaluate the changed condition, including the submission of a wastewater
               discharge permit application under section 78-64.2 of this article.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               The executive director may issue a wastewater discharge permit under section 78-64.2
               of this article or modify an existing wastewater discharge permit under section 78-64.2
               of this article in response to changed conditions or anticipated changed conditions.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               For purposes of this requirement, significant changes include, but are not limited
               to, flow or pollutant increases of 20 percent or greater; the discharge of any previously
               unreported pollutants; increases or decreases to production; increases in discharge
               of previously reported pollutants; discharge of pollutants not previously reported
               to the control authority; new or changed product lines; new or changed manufacturing
               processes and/or chemicals; or new or changed customers.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               Any industrial user filing a request for determination under section 78-64.2 may not
               be required to file such a report under this section.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               A report filed under this section does not relieve the industrial user from any requirement(s)
               under section 78-64.2.
               
            </p>
            		
            <p class="incr0">
               6.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Reports of potential problems.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               In the case of any discharge, including, but not limited to, accidental discharges,
               discharges of a non-routine, episodic nature, a non-customary batch discharge, or
               a slug load, as defined in section 78-61.2(a)(54), that may cause potential problems
               for the POTW, the user shall immediately telephone and notify the POTW of the incident.
               This notification shall include the location of the discharge, type of waste, concentration
               and volume, if known, and corrective actions taken by the user.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               Within five days following such discharge, the user shall, unless waived by the executive
               director, submit a detailed written report describing the cause(s) of the discharge
               and the measures to be taken by the user 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.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               A notice shall be permanently posted on the user's bulletin board or other prominent
               place advising employees who to call in the event of a discharge described in paragraph
               (a), above. Employers shall ensure that all employees, who may cause such a discharge
               to occur, are advised of the emergency notification procedure.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               All SIUs are required to notify the POTW immediately of any changes at its facility
               affecting the potential for spills and other accidental discharge, discharge of a
               non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined
               in section 78-61.2(a)(54).
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               WSACC shall evaluate whether the industrial user needs a plan to prevent the recurrence
               of the discharge. Such a plan shall address, at a minimum, the requirements set forth
               in section 78-62.8(b)(1)â€”(4).
               
            </p>
            		
            <p class="incr0">
               7.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Reports from unpermitted users.</span> All users not required to obtain a wastewater discharge permit shall provide appropriate
               reports to the executive director as the executive director may require.
               
            </p>
            		
            <p class="p0">
               All users classified as non-significant categorical industrial users under section
               78-61.2(a)(54)(F) shall provide appropriate reports to the POTW director as the POTW
               director may require. At a minimum, this shall include the annual certification of
               continuing to meet the non-significant categorical industrial user criteria as required
               under 40 CFR 403.12(q).
               
            </p>
            <p class="incr0">
               8.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Notice of violation/repeat sampling and reporting.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               If sampling performed by a user indicates a violation of this article and/or applicable
               wastewater discharge permit, the user must notify the executive director within 24
               hours of becoming aware of the violation. The user shall also repeat the sampling
               and analysis and submit the results of the repeat analysis to the executive director
               within 30 days after becoming aware of the violation. If allowed by the executive
               director, the user is not required to resample:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               If the executive director monitors at the user's facility at least once a month; or
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               If the executive director samples between the user's initial sampling and when the
               user receives the results of this sampling.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               If the executive director has performed the sampling and analysis in lieu of the industrial
               user and the POTW sampling of the user indicates a violation, the executive director
               shall repeat the sampling and obtain the results of the repeat analysis within 30
               days after becoming aware of the violations, unless one of the following occurs:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               The executive director monitors at the user's facility at least once a month; or
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               The executive director samples the user between their initial sampling and when the
               POTW receives the results of this initial sampling; or
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               The executive director requires the user to perform sampling and submit the results
               to the executive director within the 30 day deadline of the POTW becoming aware of
               the violation.
               
            </p>
            		
            <p class="incr0">
               9.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Notification of the discharge of hazardous waste.</span> WSACC prohibits the discharge of any hazardous wastes without notification to and
               approval by the executive director or designee.
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               Any 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 nature 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 user
               discharges more than 100 kilograms of such waste per calendar month to the POTW, the
               notification also shall contain the following information to the extent such information
               is known and readily available to the user; an identification of the hazardous constituents
               contained in the wastes, an estimation of the mass and concentration of such constituents
               in the waste stream discharge during the calendar month, and an estimation of the
               mass and concentration of such constituents in the waste stream expected to be discharged
               during the following 12 months. All notifications must take place no later than 180
               days before the discharge commences. The user shall not begin the discharge until
               receiving written approval from WSACC. Any notification under this paragraph needs
               to be submitted only once for each hazardous waste discharge. However, notifications
               of changed conditions must be submitted under section 78-65.5 of this article. The
               notification requirement in this section does not apply to pollutants already reported
               by users subject to categorical pretreatment standards under the self-monitoring requirements
               of sections 78-65.1, 78-65.3, and 78-65.4 of this article.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               Users are exempt from the requirements of paragraph (a) above, during a calendar month
               in which they discharge no more than 15 kilograms of hazardous wastes, unless the
               wastes are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e). Discharge
               of more than 15 kilograms of nonacute 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),
               requires a one-time notification. Subsequent months during which the user discharges
               more than such quantities of any hazardous waste do not require additional notification.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               In the case of any new regulation under section 3001 of RCRA identifying additional
               characteristics of hazardous waste or listing any additional substance as a hazardous
               waste, the user must notify the executive director, the EPA Regional Waste Management
               Waste Division Director, and state hazardous waste authorities of the discharge of
               such substance within 90 days of the effective date of such regulations.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               In the case of any notification made under this section, the 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.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               This provision does not create a right to discharge any substance not otherwise permitted
               to be discharged by this article, a permit issued thereunder, or any applicable federal
               or state law.
               
            </p>
            		
            <p class="incr0">
               10.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Analytical requirements.</span> All pollutant analyses, including sampling techniques, to be submitted as part of
               a wastewater discharge permit application or report shall be performed by a laboratory
               certified by the state to perform the wastewater analyses in accordance with the techniques
               prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
               pretreatment standard, or unless otherwise performed in accordance with procedures
               approved by EPA or WSACC. If 40 CFR Part 136 does not contain sampling or analytical
               techniques for the pollutant in question, sampling and analyses must be performed
               in accordance with procedures approved by EPA and WSACC. Analyses must be performed
               by a state-certified lab for each parameter analyzed, if such certification exists
               for that parameter.
               
            </p>
            		
            <p class="incr0">
               11.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Grab and composite sample collection.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               <span class="ital">All wastewater samples must be representative of the user's discharge.</span> Wastewater monitoring and flow measurement facilities shall be properly operated,
               kept clean, and maintained in good working order at all times. The failure of a user
               to keep its monitoring facility in good working order shall not be grounds for the
               user to claim that sample results are unrepresentative of its discharge.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide,
                  volatile organic compounds, and any other pollutants as required by 40 CFR 136.</span> The POTW shall determine the number of grabs necessary to be representative of the
               user's discharge. See 40 CFR 403.12(g)(5) for additional grab sample number requirements
               for BMR and 90-day compliance reports. Additionally, the executive director may allow
               collection of multiple grabs during a 24-hour period which are composited prior to
               analysis as allowed under 40 CFR 136.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Composite samples.</span> All wastewater composite samples shall be collected with a minimum of hourly aliquots
               or grabs for each hour that there is a discharge. All wastewater composite samples
               shall be collected using flow proportional composite collection techniques, unless
               time-proportional composite sampling or grab sampling is authorized by the executive
               director. When authorizing time-proportional composites or grabs, the samples must
               be representative and the decision to allow the alternative sampling must be documented.
               
            </p>
            		
            <p class="incr0">
               12.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Timing.</span> 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.
               
            </p>
            		
            <p class="incr0">
               13.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Record keeping.</span> Users subject to the reporting requirements of this article shall retain, and make
               available for inspection and copying, all records of information obtained pursuant
               to any monitoring activities required by this article and any additional records of
               information obtained pursuant to monitoring activities undertaken by the user independent
               of such requirements. Records of self-monitoring activities required by this article,
               wastewater discharge permit and/or other documents issued by or entered into with
               WSACC, shall include the date, exact place, method, and time of sampling, and the
               name of the person(s) taking the samples; the dates the analyses were performed; who
               performed the analyses; the analytical techniques or methods used; and the results
               of such analyses. These records shall remain available for a period of at least three
               years. This period shall be automatically extended for the duration of any litigation
               concerning the user's discharge to the POTW unless otherwise ordered by the court
               in which litigation is pending, or where the user has been specifically notified of
               a longer retention period by the executive director.
               
            </p>
            		
            <p class="incr0">
               14.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Industrial waste survey.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               At a frequency established by WSACC, an industrial waste survey that identifies industrial
               users and characterizes their discharge of wastewater will be conducted. Each user
               included in the survey is required to respond with complete and accurate information
               on the specified schedule.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               The survey results may be used to establish an industrial user inventory and to modify
               or issue any applicable wastewater discharge permit.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               Failure to respond to the survey completely and accurately may result in any enforcement
               action that WSACC may determine to be appropriate.
               
            </p>
            		
            <p class="incr0">
               15.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Forms.</span> WSACC may establish such forms as the executive director determines to be appropriate
               and require the use of such forms in the submission of any report, application, request,
               or other information contemplated by this article. Failure to use the established
               form for the submission of a report, application, request, or other information may
               result in the rejection of the submission.
               
            </p>
            		
            <p class="incr0">
               16.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Electronic reporting.</span> The POTW director may develop procedures for receipt of electronic reports for any
               reporting requirements of this article. Such procedures shall comply with 40 CFR Part
               3. These procedures shall be enforceable under<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-68EN" class="section-link" data-product-id="12658"> section 78-68</a> of this article.
               
            </p>
            		
            <p class="incr0">
               17.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Special reporting requirements for IUs in satellite POTWs.</span> In the case of industrial user located in a satellite POTW organization's jurisdiction,
               all information required to be reported to the industrial user's pretreatment program
               control authority by the section may also be required to be reported to the POTW treatment
               plant organization.
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2013-19, Â§ 5, 8-19-13)
               
            </p></div>