Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-3 - Pretreatment Rules
Section 3745-3-06 - Reporting requirements for industrial users
Universal Citation: OH Admin Code 3745-3-06
Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-3-01 of the Administrative Code.]
(A) Reserved.
(B) Baseline report.
(1) Categorical industrial users are required
to submit to the control authority a baseline report, as described in paragraph
(C) of this rule. The baseline report shall include the following contents, as
applicable, and be submitted to the control authority by the corresponding
deadline:
(a) Existing industrial users
subject to such categorical standards and currently discharging to, or
intending to discharge to a POTW shall submit to the control authority a
baseline report which contains the information listed in paragraphs (C)(1) to
(C)(8) of this rule. The industrial user shall submit this information to the
control authority within one hundred eighty days after the effective date of a
categorical pretreatment standard, or one hundred eighty days after the final
administrative decision made upon a category determination submission under
paragraph (H) of rule
3745-3-09 of the Administrative
Code, whichever is later.
(b) New
sources, and sources that become industrial users subsequent to the
promulgation of an applicable categorical standard, shall be required to submit
to the control authority a report which contains the information listed in
paragraphs (C)(1) to (C)(6) of this rule at least ninety days prior to
commencement of discharge. New sources shall also be required to include in
this report information on the method of pretreatment the source intends to use
to meet applicable pretreatment standards. New sources shall give estimates of
the information requested in paragraphs (C)(4) and (C)(5) of this
rule.
(2) Where the
industrial user's categorical pretreatment standard has been modified by a
removal allowance, fundamentally different factor variance, or the combined
wastestream formula under paragraph (I)(1) of rule
3745-3-09 of the Administrative
Code, at the time the user submits the baseline report the information required
by paragraphs (C)(6) and (C)(7) of this rule shall pertain to the modified
limits.
(3) If the applicable
categorical pretreatment standard is modified by a removal allowance,
fundamentally different factor variance, or the combined wastestream formula
under paragraph (I)(1) of rule
3745-3-09 of the Administrative
Code after the user submits the baseline report, any necessary amendments to
the information requested by paragraphs (C)(6) and (C)(7) of this rule shall be
submitted by the user to the control authority within sixty days after the
modified limit is approved.
(C) The baseline report required by paragraph (B) of this rule shall contain all of the following information:
(1) The name and address of the facility,
including the name of the operator and owners.
(2) A list of any environmental control
permits held by or for the facility.
(3) A brief description of the nature,
average rate of production, and standard industrial classification of the
operation carried out by such industrial users. This description shall include
a schematic process diagram which indicates points of discharge to the POTW
from the regulated processes.
(4)
Information showing the measured average daily and maximum daily flow, in
gallons per day, to the POTW from both of the following:
(a) Regulated process streams.
(b) Other streams as necessary to allow use
of the combined wastestream formula of
40 C.F.R.
403.6.
The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) Measurement of pollutants.
(a) The user shall identify the pretreatment
standards applicable to each regulated process.
(b) The user shall submit the results of
sampling and analysis identifying the nature and concentration (or mass, where
required by the standard or control authority) of regulated pollutants in the
discharge from each regulated process. Both daily maximum and average
concentration (or mass, where required) shall be reported. The sample shall be
representative of daily operations. In cases where the standard requires
compliance with a BMP or a 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.
(c) The user shall take a minimum of one
representative sample from each sampling location, as approved by the control
authority, to comply with the requirements of this paragraph.
(d) Sampling and analyses shall be performed
in accordance with paragraph (G) of this rule.
(e) The baseline report shall indicate the
time, date and place, of sampling, and methods of analysis.
(f) The control authority may allow the
submission of a baseline report which utilizes only historical data so long as
the data provides information sufficient to determine the need for industrial
pretreatment measures.
(6) A statement, reviewed, signed, and
certified by an authorized representative of the industrial user, as defined in
paragraph (F) of this rule, certifying that the information reported is
representative of normal work cycles and expected pollutant discharges to the
POTW.
(7) A statement, reviewed,
signed, and certified by an authorized representative of the industrial user,
as defined in paragraph (F) of this rule, indicating whether pretreatment
standards are being met on a consistent basis, and if not, whether additional
operation and maintenance, or additional pretreatment is required by the
industrial user to meet the pretreatment standards and requirements.
(8) If additional pretreatment operation and
maintenance, or both, will be required to meet the categorical pretreatment
standards, the shortest schedule by which the industrial user will provide such
additional measures. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard.
(9) The schedule required
by paragraph (C)(8) of this rule shall contain increments of progress 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
industrial user to meet the applicable categorical pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing final
plans, executive contract for major components, commencing construction,
completing construction, etc). No increment shall exceed nine months.
(10) Not later than fourteen days following
each date in the schedule required by paragraph (C)(8) of this rule and the
date for final compliance with the applicable categorical pretreatment standard
or standards, the industrial user shall submit a progress report to the control
authority including, at a minimum, whether or not compliance with the increment
of progress has been met on such date and, if not, the date on which compliance
with this increment of progress is expected, 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.
(D) Initial compliance report.
Within ninety 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 categorical pretreatment standards shall submit to the control authority a report containing the information described in paragraphs (C)(4) to (C)(7) of this rule. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in paragraph (I) of rule 3745-3-09 of the Administrative Code, this report shall contain a reasonable measure of the 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 user's actual production during the appropriate sampling period.
(E) Periodic compliance monitoring reports.
(1) Significant industrial users
subject to pretreatment standards after the compliance date of such
pretreatment standard, or, in the case of a new source, after commencement of
the discharge into the POTW, shall submit a periodic compliance monitoring
report to the control authority during the months of June and December, unless
required more frequently or during different months by the categorical
pretreatment standard or the control authority. The periodic compliance
monitoring report shall include all of the following information:
(a) A report indicating the nature and
concentration of the pollutants in the discharge that are limited by applicable
categorical pretreatment standards and pollutants required by the control
authority.
(b) A record of measured
or estimated average and maximum daily flows for the reporting period for the
discharge to the POTW, reporting the same information as called for under
paragraph (C)(4) of this rule unless the control authority should require more
detailed reporting of flows.
(c)
Where the control authority has imposed mass limitations on industrial users,
the mass of pollutants in the discharge from the industrial user relevant to
such mass limitations.
(d) For
categorical industrial users subject to equivalent mass or concentration limits
established by the control authority, a reasonable measure of the user's
long-term production rate.
(e) For
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 user's actual average production rate for the
reporting period.
(f) In cases
where the pretreatment standard requires compliance with a BMP or a pollution
prevention alternative, documentation required by the control authority or the
pretreatment standard necessary to determine the compliance status of the
user.
(g) For industrial users
granted a monitoring waiver by the control authority, the periodic compliance
report shall include the signed certification requirements specified in
paragraph (C)(1)(d) of rule
3745-3-03 of the Administrative
Code, as well as the certification requirements specified in paragraph (F) of
this rule.
(2) For a
mid-tier categorical industrial user as defined in paragraph (M) of rule
3745-3-01 of the Administrative
Code, the control authority may reduce the frequency for reporting specified in
paragraph (E)(1) of this rule to no less than once per year, unless required
more frequently in the pretreatment standard, by the control authority, or by
the director. If the control authority includes this condition within an
industrial user's control mechanism, both of the following conditions shall be
met:
(a) The industrial user shall notify the
control authority immediately of any changes at the facility causing the user
to no longer meet conditions in paragraph (M) of rule
3745-3-01 of the Administrative
Code. Upon notification, the industrial user shall immediately begin complying
with the minimum reporting requirement specified in the POTW's pretreatment
program.
(b) The control authority
shall retain documentation to support the determination that an industrial user
meets the definition of a mid-tier categorical industrial user in paragraph (M)
of rule 3745-3-01 of the Administrative
Code for a period of three years after the expiration of the control
mechanism.
(3) For
categorical industrial users subject to categorical standards for
electroplating ( 40 C.F.R. Part 413), metal finishing ( 40 C.F.R. Part 433),
and electrical and electronic component manufacturing ( 40 C.F.R. Part 469), in
lieu of requiring monitoring for total toxic organics (TTOs), the control
authority may allow for implementation of a certified total toxic organics
management plan (TOMP) as follows:
(a) To
implement this option, a TOMP shall be submitted to the control authority for
review and approval and shall include the following information. If requested
information is not applicable, an explanation shall be included in the plan.
(i) A complete inventory of all toxic organic
chemicals used, generated, stored or identified through sampling and analysis
of the wastewater from regulated process operations. A listing of regulated
TTOs can be found in 40 C.F.R. 413, 433, and 469 . Organic constituents of
trade name products shall be obtained from the supplier.
(ii) The identities and determinations or
best estimates of approximate maximum quantities of toxic organic pollutants
used in and discharged from the regulated processes. Compounds present in the
wastestreams that are discharged to sanitary sewers or surface waters may be a
result of regulated processes or disposal, spills, leaks, rinse waters
carryover, air pollution control, and other sources.
(iii) A pollution prevention assessment for
TTOs. This includes an assessment of pollution prevention options that could be
implemented to minimize or eliminate the discharge of toxic organics introduced
into the wastestream under current and future conditions.
(a) Pollution prevention options include, but
are not limited to, the following:
(i)
Material substitution.
(ii)
Improved operating practices.
(iii)
Technology changes.
(iv)
Recycling.
(b) Once
pollution prevention options are identified, a technical and economic
evaluation of viable options shall be conducted to select options, or projects
that are technically and economically viable. A schedule of implementation
shall be developed and a measurement system to track the implementation
progress of the pollution prevention options shall be developed and revised as
necessary.
(iv) A
description of the methods of disposal other than discharge to wastewaters,
such as reclamation, contract hauling, or incineration. A detailed description
for each waste shall be included with information on how the waste is stored
prior to disposal.
(v) The
procedures for ensuring that the regulated toxic organic pollutants do not
spill or routinely leak into process wastewaters, floor drains, noncontact
cooling water, groundwater, surface waters, sanitary sewers or any other
location which allows the discharge of the compounds. These procedures shall
include, but are not limited to, the following:
(a) A description of the practices to be
followed, including housekeeping procedures, during the use, collection, and
storage of organics. These practices shall include, but are not limited to, the
following:
(i) Proper labeling and handling
of containers of toxic organics.
(ii) Storing a minimal amount of organics at
the site.
(iii) A centralized
storage area designed and maintained to not allow leakage.
(iv) Sealing floor drains when they are in
the area where toxic organics are used or stored.
(v) Overfill control equipment.
(vi) Secondary containment system capable of
holding one hundred and ten per cent of the total volume stored, or the volume
of the largest container, whichever is greater. The containment system shall be
designed and maintained to not allow leakage.
(b) A description of the procedure that will
provide routine and detailed visual inspections to ensure the absence of
leaking storage containers. Visual inspections shall be conducted at least once
per week.
(c) A description of how
all employees are trained in the proper use, collection, and storage of all
chemicals they work with.
(d) A
simple, but complete floor plan showing the storage location of toxic organics
prior to use, in use and toxic organic waste awaiting disposal. This plan shall
include all floor drains, dikes, and containment areas in the storage
facility.
(vi) A spill
or leak notification plan and containment procedures. If a spill or leak
containing a TTO enters the process wastewaters and discharges to a POTW or
surface waters, the POTW and control authority, as applicable, shall be
promptly notified by the industrial user within twenty-four hours of discovery.
Information regarding the facility, chemicals spilled and remedial actions shall be provided in the notification. The spill or leak notification plan shall also include, at a minimum, the following:
(a) The name of the individual responsible
for implementing the TOMP.
(b) The
name of the facility's emergency response coordinator.
(c) A list of agencies to be contacted during
an emergency and their telephone numbers shall also be posted where organics
are used and stored.
(d) A
description of practices to be followed in the event of a spill or
leak.
(e) A description of
equipment and supplies on site to contain and clean up spills and
leaks.
(b)
Initial sampling. The facility's effluent shall be sampled and analyzed for all
toxic organic compounds, as indicated on the list included in the appropriate
categorical standard, as follows:
(i) Samples
shall be collected and analyzed in accordance with 40 C.F.R. 136, with
appropriate detection levels.
(ii)
The reporting form from the laboratory analyzing the samples shall be included
in the TOMP.
(iii) The steps in the
regulated process in which toxic organics are used shall be
described.
(iv) The source where
toxic organics could be introduced into the wastestream besides those
referenced in paragraph (E)(3)(b)(iii) of this rule shall be
described.
(v) A flow schematic
showing all of the sources and pathways where toxic organics could enter the
wastestream shall be provided.
(vi)
The approximate quantities of each toxic organic chemical used at each step in
the regulated process shall be listed.
(vii) Evaluate any regulated TTO found in the
effluent, other than those in the TTO inventory list required in paragraph
(E)(3)(a)(i) of this rule and determine if the TTOs are formed as reaction
products or by-products or from raw materials, impurities, equipment corrosion
or other sources.
(c)
Certification eligibility. In order to qualify for the alternative in paragraph
(E)(3) of this rule, the following criteria shall be met:
(i) The baseline analysis shall show
compliance with the appropriate TTO standards.
(ii) An acceptable TOMP shall be submitted to
the control authority.
(iii) The
following certification statement shall be signed by an officer of the company
or manager responsible for overall plant operations, and submitted with the
TOMP and each subsequent periodic compliance report:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the standard for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no discharge or dumping of concentrated toxic organics into the wastewaters has occurred since filing the last discharge monitoring report. I further certify that this facility is implementing the toxic organic management plan submitted to the control authority."
(d) The control authority, and the POTW, as
applicable, shall be notified if any production process is modified or if
conditions change that affect the use or storage of toxic organics. The control
authority may require that additional sampling be performed.
(e) Certification re-evaluation. To continue
implementation of the alternate TTO monitoring, the industrial user shall
submit an updated TOMP to the control authority for review and approval in
accordance to the procedures described under the pretreatment program.
(f) Revocation of certification
eligibility. The certification eligibility may be revoked if independent
sampling reveals violations or results inconsistent with the values reported by
the entity.
(g) TTO monitoring
shall resume upon the end or revocation of certification.
(F) The reports and certifications required by this rule shall include the following certification statement and shall be signed by an authorized representative of the industrial user, as follows:
(1) "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) An authorized
representative may be any of the following:
(a) A responsible corporate officer, if the
industrial user submitting the reports required by this rule is a corporation.
For the purpose of this paragraph, a "responsible corporate officer" means one
of the following:
(i) A president, secretary,
treasurer, or vice president of the corporation in charge of a principal
business function, or any other person who performs similar policy-making or
decision-making functions for the corporation.
(ii) The manager of one or more
manufacturing, production, or operation facilities, provided the manager meets
all of the following:
(a) Is authorized to
make management decisions that govern the operation of the regulated facility,
including having the explicit or implicit duty of making major capital
investment recommendations, and of initiating and directing other comprehensive
measures, to assure long-term environmental compliance with environmental laws
and regulations.
(b) Can ensure
that the necessary systems are established or that the necessary actions are
taken to gather complete and accurate information for control mechanism
requirements.
(c) Is assigned or
delegated the authority to sign documents in accordance with corporate
procedures.
(b) A general partner or proprietor if the
industrial user submitting the report is a partnership or sole proprietorship,
respectively.
(c) A member or
manager if the industrial user submitting the report is a limited liability
company.
(d) A duly authorized
representative of the individual designated in paragraph (F)(2)(a), (F)(2)(b),
or (F)(2)(c) of this rule if all of the following apply:
(i) The authorization is made in writing by
the individual described in paragraph (F)(2)(a), (F)(2)(b), or (F)(2)(c) of
this rule.
(ii) The authorization
specifies either an individual or a position having responsibility for the
overall operation of the facility from which the industrial discharge
originates, such as the position of plant manager, or a position of equivalent
responsibility, or having overall responsibility for environmental matters for
the company.
(iii) The written
authorization is submitted to the control authority.
(e) If an authorization under paragraph
(F)(2)(d) of this rule 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
authorization satisfying the requirements of paragraph (F)(2)(d) of this rule
shall be submitted to the control authority prior to or together with any
reports to be signed by an authorized representative.
(G) Sampling and analysis performed in preparation of any report required by this rule shall be conducted in accordance with all of the following:
(1)
For the reports required in paragraphs (B) and (D) of this rule, a minimum of
four grab samples shall be used for pH, hexavalent chromium, cyanide, total
phenols, oil and grease, sulfide, and volatile organics for facilities for
which historical sampling data do not exist; for facilities for which
historical sampling data are available, the control authority may authorize a
requirement of fewer grab samples. For all other pollutants, twenty-four-hour
composite samples shall be obtained through flow-proportional composite
sampling techniques, unless flow-proportional sampling is waived by the control
authority. In such cases, samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four grab samples where
the user demonstrates that this will provide a representative sample of the
effluent being discharged.
(2)
Samples should be taken immediately downstream from pretreatment facilities, if
such exist, or immediately downstream from the regulated process if no
pretreatment exists. If the wastewaters regulated by categorical standards mix
with other wastestreams prior to pretreatment, the user should measure the
flows and concentrations necessary to allow use of the combined wastestream
formula under paragraph (I)(1) of rule
3745-3-09 of the Administrative
Code in order to evaluate compliance with the categorical pretreatment
standards.
(3) Except as otherwise
provided in this rule, sampling and analysis shall be performed in accordance
with the techniques prescribed in 40 C.F.R. 136. Where 40 C.F.R. 136 does not
contain sampling or analytical techniques for the pollutant in question, or
where the director determines that the 40 C.F.R. 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and
analysis shall be performed by using analytical methods or other applicable
sampling and analytical procedures approved by the director.
(4) Except in the case of non-significant
categorical industrial users, the sampling and analysis required in paragraphs
(B), (D), and (E) of this rule may be performed by the control authority in
lieu of the industrial user. Where the POTW performs the required sampling and
analysis in lieu of the industrial user all of the following apply:
(a) The user will not be required to submit
the compliance certification statement required in paragraph (C)(6) of this
rule;
(b) The industrial user will
not be required to submit the report if the POTW solely collects all of the
information required for the report.
(c) These sampling and analysis results do
not include the annual monitoring required in paragraph (C)(2)(e) of rule
3745-3-03 of the Administrative
Code.
(5) Resampling of
a violation. Unless paragraph (G)(5)(c) of this rule applies, repeat sampling
and analysis shall be performed within thirty days after the industrial user or
control authority becomes aware of the violation. The responsible party for
resampling is determined by the following:
(a) If sampling performed by an industrial
user indicates a violation, the user shall notify the control authority within
twenty-four 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 control authority within thirty days after becoming aware of the
violation.
(b) If sampling and
analysis performed by the control authority under paragraph (G)(4) of this rule
or paragraph (C)(2)(e) of rule
3745-3-03 of the Administrative
Code indicates a violation, the control authority shall perform the repeat
sampling and analysis unless the control authority notifies the user of the
violation and requires the user to perform the repeat analysis.
(c) Resampling is not required if either of
the following apply:
(i) The control
authority performs sampling at the industrial user at a frequency of at least
once per month.
(ii) The control
authority performs sampling at the user between the time when initial sampling
was conducted and the time when the results of the initial sampling are
received.
(6)
The reports required in paragraphs (B), (D), and (E) of this rule shall be
conducted in accordance with all of the following:
(a) The reports shall be based upon data
obtained through appropriate sampling and analysis performed during the period
covered by the report, which data is representative of conditions occurring
during the reporting period.
(b)
The control authority shall require that frequency of monitoring necessary to
assess and assure compliance by industrial users with applicable pretreatment
standards and requirements.
(c)
Grab samples shall be used for pH, hexavalent chromium, cyanide, total phenols,
oil and grease, sulfide, and volatile organic compounds.
(d) For all other pollutants,
twenty-four-hour composite samples shall be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite sampling or
grab sampling is authorized by the control authority.
(e) Where time-proportional composite
sampling or grab sampling is authorized by the control authority, the samples
shall be representative of the discharge and the decision to allow the
alternative sampling shall be documented in the industrial user file for that
facility or facilities.
(f) Using
protocols (including appropriate preservation) specified in 40 C.F.R. 136 and
appropriate U.S. EPA guidance, multiple grab samples collected during a
twenty-four-hour period may be composited prior to the analysis as follows:
(i) For hexavalent chromium, cyanide, total
phenols, and sulfides the samples may be composited in the laboratory or in the
field.
(ii) For volatile organics
and oil and grease the samples may be composited in the laboratory.
(iii) Composite samples for other parameters
unaffected by the compositing procedures as documented in approved U.S. EPA
methodologies may be authorized by the control authority, as
appropriate.
(7) For the reports required by paragraph (E)
of this rule, the control authority shall require the number of grab samples
necessary to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements.
(8) If an industrial user subject to the
reporting requirement in paragraph (E) of this rule monitors any regulated
pollutant at the permitted sampling location more frequently than required by
the control authority, using the procedures described in paragraph (G)(3) of
this rule, the results of this monitoring shall be included in the
report.
(9) The control authority
may require an industrial user to install flow monitoring facilities,
instruments, and recording devices to enable accurate measurement of flows as
determined to be necessary.
(H) All industrial users shall promptly notify the control authority and the POTW in the cases where the POTW does not have an approved pretreatment program in advance of any substantial change in the volume or character of pollutants in their discharge including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 C.F.R. 403.12(p). Industrial users shall notify the POTW immediately of any changes at the facilities affecting potential for a slug discharge.
(I) Annual certification by non-significant categorical industrial users. In addition to the certification statement in paragraph (F)(1) of this rule, a facility determined to be a non-significant categorical industrial user pursuant to paragraph (N) of rule 3745-3-01 of the Administrative Code shall annually submit the following certification statement, signed in accordance with the signatory requirements in paragraph (F) of this rule. The following certification shall accompany any report required by the POTW:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, during the period from [specify month, day and year] to [specify month, day and year]:
(1) The facility described as
[insert facility name] met the definition of a non-significant categorical
industrial user as described in paragraph (N) of rule
3745-3-01 of the Administrative
Code.
(2) The facility complied
with all applicable pretreatment standards and requirements during this
reporting period.
(3) The facility
never discharged more than one hundred gallons of total categorical wastewater
on any given day during this reporting period. This compliance certification is
based upon the following information:[specify information]."
(J) All industrial users subject to this rule shall retain records of all information resulting from any monitoring activities, regardless of whether such monitoring activities were required by the control mechanism, including documentation associated with BMPs. Such records shall be retained for a minimum of three years and shall include the following for all samples:
(1)
The date, exact place, method and time of sampling and the names of the person
or persons taking the samples.
(2)
The dates that the analyses were performed.
(3) The name and address of the laboratory
that performed the analyses.
(4)
The analytical techniques or methods used.
(5) The results of such analyses.
(K) In addition to the requirement of paragraph (J) of this rule, any industrial user subject to this rule shall retain all of the following for a minimum of three years:
(1) Any reports submitted to the POTW
pursuant to this chapter.
(2) Any
documentation of industrial user inspections.
(3) Any record of communications pertaining
to compliance with the pretreatment program.
(L) Industrial users subject to this rule shall retain all control mechanisms and pollution prevention alternatives (e.g. slug control plan, toxic organic management plan) for as long as these documents are effective and for at least three years after the date on which these documents become ineffective. These documents are considered ineffective if replaced with a revised document or if the document is no longer applicable to the industrial user.
(M) Industrial users shall make the records described in paragraphs (J) to (L) of this rule available for inspection and copying by the POTW and the Ohio EPA. The period of retention described in paragraphs (J) to (L) of this rule shall be extended during the course of any unresolved litigation regarding the discharge of pollutants or the operation of the POTW pretreatment program or when requested by the director.
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