Current through September 24, 2024
(2) Reporting requirements for industrial
users upon effective date of categorical pretreatment standard-baseline report.
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 submission under subparagraph (1)(d) of Rule
0400-40-14-.06, whichever is
later, existing Industrial Users subject to such categorical Pretreatment
Standards and currently discharging to or scheduled to discharge to a WWF shall
be required to submit to the Control Authority a report which contains the
information listed in subparagraphs (a) through (g) of this paragraph. At least
90 days prior to commencement of discharge, 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 subparagraphs (a) through (e)
of this paragraph. 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 subparagraphs (d) and (e) of this paragraph:
(a) Identifying information.
The User
shall submit the name and address of the facility including the name of the
operator and owners;
(b)
Permits.
The User shall submit a list of any environmental control
permits held by or for the facility;
(c) Description of operations.
The User
shall submit a brief description of the nature, average rate of production, and
Standard Industrial Classification of the operation(s) carried out by such
Industrial User. This description should include a schematic process diagram
which indicates points of discharge to the WWF from the regulated
processes.
(d) Flow
measurement.
The User shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the WWF from each
of the following:
1. Regulated process
streams; and
2. Other streams as
necessary to allow use of the combined wastestream formula of paragraph (5) of
Rule 0400-40-14-.06. (See part (e)4.
of this paragraph.) The Control Authority may allow for verifiable estimates of
these flows where justified by cost or feasibility considerations.
(e) Measurement of pollutants.
1. The User shall identify the Pretreatment
Standards applicable to each regulated process;
2. In addition, 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 Best Management Practice or pollution prevention
alternative, the User shall submit documentation as required by the Control
Authority or the applicable Standards to determine compliance with the
Standard;
3. The User shall take a
minimum of one representative sample to compile that data necessary to comply
with the requirements of this paragraph.
4. Samples should 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 User should
measure the flows and concentrations necessary to allow use of the combined
wastestream formula of paragraph (5) of Rule
0400-40-14-.06 in order to
evaluate compliance with the Pretreatment Standards. Where an alternate
concentration or mass limit has been calculated in accordance with paragraph
(5) of Rule
0400-40-14-.06 this adjusted
limit along with supporting data shall be submitted to the Control
Authority;
5. Sampling and analysis
shall be performed in accordance with the techniques prescribed in 40 CFR Part
136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the Administrator
determines that the 40 CFR Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be
performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the WWF
or other parties, approved by the Administrator;
6. 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;
7. The
baseline report shall indicate the time, date and place, of sampling, and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to the
WWF;
(f) Certification.
A statement, reviewed by an authorized representative of the Industrial
User (as defined in paragraph (12) of this rule) and certified to by a
qualified professional, indicating whether Pretreatment Standards are being met
on a consistent basis, and, if not, whether additional operation and
maintenance (O and M) and/or additional pretreatment is required for the
Industrial User to meet the Pretreatment Standards and Requirements; and
(g) Compliance schedule.
If
additional pretreatment and/or O and M will be required to meet the
Pretreatment Standards; the shortest schedule by which the Industrial User will
provide such additional pretreatment and/or O and M. 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 a removal allowance (Rule
0400-40-14-.07), the combined
wastestream formula (paragraph (5) of Rule
0400-40-14-.06), and/or a
Fundamentally Different Factors variance (Rule
0400-40-14-.13) at the time the
User submits the report required by paragraph (2) of this rule, the information
required by subparagraphs (f) and (g) of this paragraph shall pertain to the
modified limits.
2. If the
categorical Pretreatment Standard is modified by a removal allowance (Rule
0400-40-14-.07), the combined
wastestream formula (paragraph (5) of Rule
0400-40-14-.06), and/or a
Fundamentally Different Factors variance (Rule
0400-40-14-.13) after the User
submits the report required by paragraph (2) of this rule, any necessary
amendments to the information requested by subparagraphs (f) and (g) of this
paragraph shall be submitted by the User to the Control Authority within 60
days after the modified limit is approved.
(3) Compliance schedule for meeting
categorical Pretreatment Standards.
The following conditions shall apply
to the schedule required by subparagraph (2)(g) of this rule:
(a) The schedule 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, executing contract for major components, commencing
construction, completing construction, etc.).
(b) No increment referred to in subparagraph
(a) of this paragraph shall exceed 9 months.
(c) Not later than 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 9 months elapse between such progress reports to the
Control Authority.
(4)
Report on compliance with categorical pretreatment standard deadline.
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 WWF, any Industrial
User subject to Pretreatment Standards and Requirements shall submit to the
Control Authority a report containing the information described in
subparagraphs (2)(d) through (f) 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 (3) of Rule
0400-40-14-.06, 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.
(5) Periodic reports on continued compliance.
(a) Any Industrial User subject to a
categorical Pretreatment Standard (except a non-significant categorical
industrial user as defined in subparagraph (b) in the definition of
"Significant Industrial User" in paragraph (1) of Rule
0400-40-14-.03), after the
compliance date of such Pretreatment Standard, or, in the case of a new source,
after commencement of the discharge into the WWF, shall submit to the Control
Authority during the months of June and December, unless required more
frequently in the Pretreatment Standard or by the Control Authority or the
Approval Authority, 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 subparagraph (2)(d) of this rule except that the Control
Authority may require more detailed reporting of flows. In cases where the
Pretreatment Standard requires compliance with a Best Management Practice (or
pollution prevention alternative), the User shall submit documentation required
by the Control Authority or the Pretreatment Standard necessary to determine
the compliance status of the User. At the discretion of the Control Authority
and in consideration of such factors as local high or low flow rates, holidays,
budget cycles, etc., the Control Authority may agree to alter the months during
which the above reports are to be submitted.
(b) The Control Authority may authorize the
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:
1. The Control Authority may authorize a
waiver 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 wastewater.
2. The
monitoring waiver is valid only for the duration of the effective period of the
Permit or other equivalent individual control mechanism, but in no case longer
than 5 years. The User must submit a new request for the waiver before the
waiver can be granted for each subsequent control mechanism.
3. 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 treatment present at
the facility that is representative of all wastewater from all processes. The
request for a monitoring waiver must be signed in accordance with subparagraph
(a) of this paragraph, and include the certification statement in part (1)(b)2.
of Rule 0400-40-14-.06. Non-detectable
sample results may only be used as a demonstration that a pollutant is not
present if the EPA approved method from 40 CFR Part 136 with the lowest minimum
detection level for that pollutant was used in the analysis.
4. Any grant of the monitoring waiver by the
Control Authority must be included as a condition in the User's control
mechanism. The reasons supporting the waiver and any information submitted by
the User in its request for the waiver must be maintained by the Control
Authority for 3 years after expiration of the waiver.
5. Upon approval of the monitoring waiver and
revision of the User's control mechanism by the Control Authority, the
Industrial User must certify on each report with the statement below, that
there has been no increase in the pollutant in its wastestream due to
activities of the Industrial User:
Based on my inquiry of the person or
persons directly responsible for managing compliance with the 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 under
subparagraph (5)(a) of Rule
0400-40-14-.12.
6. In the event that a waived
pollutant is found to be present or is expected to be present based on changes
that occur in the User's operations, the User must immediately: Comply with the
monitoring requirements of subparagraph (a) of this paragraph or other more
frequent monitoring requirements imposed by the Control Authority, and notify
the Control Authority.
7. This
provision does not supersede certification processes and requirements
established in categorical Pretreatment Standards, except as otherwise
specified in the categorical Pretreatment Standard.
(c) Where the Control Authority has imposed
mass limitations on Industrial Users as provided for by paragraph (4) of Rule
0400-40-14-.06, the report
required by subparagraph (a) of this paragraph shall indicate the mass of
pollutants regulated by Pretreatment Standards in the discharge from the
Industrial User.
(d) For Industrial
Users subject to equivalent mass or concentration limits established by the
Control Authority in accordance with the procedures in paragraph (3) of Rule
0400-40-14-.06, the report
required by subparagraph (a) of this paragraph shall contain a reasonable
measure of the User's long-term production rate. For all other Industrial Users
subject to categorical Pretreatment Standards expressed only in terms of
allowable pollutant discharge per unit of production (or other measure of
operation), the report required by subparagraph (a) of this paragraph shall
include the User's actual average production rate for the reporting
period.
(6) Notice of
potential problems, including slug loading.
All categorical and
non-categorical Industrial Users shall notify the WWF immediately of all
discharges that could cause problems to the WWF, including any slug loadings,
as defined by paragraph (2) of Rule
0400-40-14-.05, by the
Industrial User.
(7)
Monitoring and analysis to demonstrate continued compliance.
(a) Except in the case of Non-Significant
Categorical Users, the reports required in paragraphs (2), (4), (5), and (8) of
this rule 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 Control Authority, of pollutants contained therein which
are limited by the applicable Pretreatment Standards. This sampling and
analysis may be performed by the Control Authority in lieu of the Industrial
User. Where the WWF performs the required sampling and analysis in lieu of the
Industrial User, the User will not be required to submit the compliance
certification required under subparagraph (2)(f) and paragraph (4) of this
rule. In addition, where the WWF itself collects all the information required
for the report, including flow data, the Industrial User will not be required
to submit the report.
(b) If
sampling performed by an Industrial User indicates a violation, the user shall
notify the Control Authority 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 Control Authority within 30 days after
becoming aware of the violation. Where the Control Authority has performed the
sampling and analysis in lieu of the Industrial User, the Control Authority
must perform the repeat sampling and analysis unless it notifies the User of
the violation and requires the User to perform the repeat analysis. Resampling
is not required if:
1. The Control Authority
performs sampling at the Industrial User at a frequency of at least once per
month, or
2. The Control Authority
performs sampling at the User between the time when the initial sampling was
conducted and the time when the User or the Control Authority receives the
results of this sampling.
(c) The reports required in paragraphs (2),
(4), (5), and (8) of this rule must be based upon data obtained through
appropriate sampling and analysis performed during the period covered by the
report, which data are representative of conditions occurring during the
reporting period. The Control Authority shall require that frequency of
monitoring necessary to assess and assure compliance by Industrial Users with
applicable Pretreatment Standards and Requirements. Grab samples must be used
for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic
compounds. For all other pollutants, 24-hour composite samples must be obtained
through flow-proportional composite sampling techniques, unless
time-proportional composite sampling or grab sampling is authorized by the
Control Authority. Where time-proportional composite sampling or grab sampling
is authorized by the Control Authority, the samples must be representative of
the discharge and the decision to allow the alternative sampling must be
documented in the Industrial User file for that facility or facilities. 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 & grease the samples may be composited
in the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies may be
authorized by the Control Authority, as appropriate.
(d) For sampling required in support of
baseline monitoring and 90-day compliance reports required in paragraphs (2)
and (4) of this rule, a minimum of four (4) 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 Control Authority may
authorize a lower minimum. For the reports required by paragraphs (5) and (8)
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.
(e) All analyses shall be performed in
accordance with procedures established by the Administrator pursuant to section
304(h) of the Federal Clean Water Act and contained in 40 CFR part 136 and
amendments thereto or with any other test procedures approved by the
Administrator. (See, §§ 136.4 and 136.5.) Sampling shall be performed
in accordance with the techniques approved by the Administrator. Where 40 CFR
Part 136 does not include sampling or analytical techniques for the pollutants
in question, or where the Administrator determines that the 40 CFR Part 136
sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed using validated analytical
methods or any other sampling and analytical procedures, including procedures
suggested by the WWF or other parties, approved by the Administrator.
(f) If an Industrial User subject to the
reporting requirement in paragraph (5) or (8) of this rule monitors any
regulated pollutant at the appropriate sampling location more frequently than
required by the Control Authority, using the procedures prescribed in
subparagraph (e) of this paragraph, the results of this monitoring shall be
included in the report.
(8) Reporting requirements for Industrial
Users not subject to categorical Pretreatment Standards.
The Control
Authority must require appropriate reporting from those Industrial Users with
discharges that are not subject to categorical Pretreatment Standards.
Significant Noncategorical Industrial Users must submit to the Control
Authority at least once every six months (on dates specified by the Control
Authority) a description of the nature, concentration, and flow of the
pollutants required to be reported by the Control Authority. In cases where a
local limit requires compliance with a Best Management Practice or pollution
prevention alternative, the User must submit documentation required by the
Control Authority to determine the compliance status of the User. These reports
must be based on sampling and analysis performed in the period covered by the
report, and in accordance with the techniques described in 40 CFR part 136 and
amendments thereto. This sampling and analysis may be performed by the Control
Authority in lieu of the significant noncategorical industrial user.
(9) Semiannual WWF reports.
WWFs with approved Pretreatment Programs shall provide the Approval
Authority with a report that briefly describes the WWF's program activities,
including activities of all participating agencies, if more than one
jurisdiction is involved in the local program. The reporting periods shall end
on the last day of the months of March and September. The report shall be
submitted to the Division no later than the twenty-eighth day of the month
following each reporting period. A WWF may request approval from the Division
to submit reports annually in lieu of semiannual reports. The request should be
made in writing to the pretreatment coordinator during the NPDES permit renewal
process. Only WWF Pretreatment Programs that have successfully implemented
their program and submitted acceptable semiannual reports for three years or
more will be allowed to submit annual reports in lieu of semiannual reports.
Annual reporting periods will cover January 1 through December 31 and will be
due 45 days after the reporting period ends. Large pretreatment programs (20
SIUs or more, as defined by Chapter 0400-40-11) that are either semiannual or
annual reporters shall be granted an additional 15 days to submit reports to
the Division.
(a) Both semiannual and
annual reports not submitted electronically shall conform to the format set
forth in the State POTW Pretreatment Semiannual Report Package, which includes,
at a minimum, the following:
1. An updated
list of the WWF's Industrial Users, including their names and addresses, or a
list of deletions and additions keyed to a previously submitted list. The WWF
shall provide a brief explanation of each deletion. This list shall identify
which Industrial Users are subject to categorical pretreatment Standards and
specify which Standards are applicable to each Industrial User. The list shall
indicate which Industrial Users are subject to local standards that are more
stringent than the categorical Pretreatment Standards. The WWF shall also list
the Industrial Users that are subject only to local requirements. The list must
also identify Industrial Users subject to categorical Pretreatment Standards
that are subject to reduced reporting requirements under subparagraph (5)(c) of
this rule, and identify which Industrial Users are Non-Significant Categorical
Industrial Users.
2. A summary of
the status of Industrial User compliance over the reporting period;
3. A summary of compliance and enforcement
activities (including inspections) conducted by the WWF during the reporting
period;
4. A summary of changes to
the WWF's pretreatment program that have not been previously reported to the
Approval Authority: and
5. Any
other relevant information requested by the Approval Authority.
(b) Both semiannual and annual
reports submitted electronically must include, at a minimum the applicable
required data in appendix A to 40 C.F.R. Part 127. The report required by this
paragraph must also include a summary of the changes to the WWF's Pretreatment
Program that have not been previously reported to the Approval Authority and
any other relevant information requested by the Approval Authority.
(10) Notification of changed
discharge.
All Industrial Users shall promptly notify the Control
Authority (and the WWF if the WWF is not the Control Authority) 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 paragraph (16) of
this rule.
(11) Compliance
schedule for WWFs.
The following conditions and reporting requirements
shall apply to the compliance schedule for development of an approvable WWF
Pretreatment Program required by Rule
0400-40-14-.08.
(a) The schedule shall contain increments of
progress in the form of dates for the commencement and completion of major
events leading to the development and implementation of a WWF Pretreatment
Program (e.g., acquiring required authorities, developing funding mechanisms,
acquiring equipment);
(b) No
increment referred to in subparagraph (11)(a) of this rule shall exceed nine
months;
(c) Not later than 14 days
following each date in the schedule and the final date for compliance, the WWF
shall submit a progress report to the Approval Authority including, as 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 taken by the WWF to
return to the schedule established. In no event shall more than nine months
elapse between such progress reports to the Approval Authority.
(12) Signatory requirements for
industrial user reports.
The reports required by paragraphs (2), (4), and
(5) of this rule shall include the certification statement as set forth in part
(1)(b)2 of Rule
0400-40-14-.06, and shall be
signed as follows:
(a) By a
responsible corporate officer, if the Industrial User submitting the reports
required by paragraphs (2), (4), and (5) of this rule is a corporation. For the
purpose of this paragraph, a responsible corporate officer means
1. A president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other individual who performs similar policy-or decision-making
functions for the corporation, or
2. The manager of one or more manufacturing,
production, or operating facilities, provided, the manager is authorized to
make management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for control mechanism
requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(b) By a general partner or
proprietor if the Industrial User submitting the reports required by paragraphs
(2), (4), and (5) of this rule is a partnership or sole proprietorship
respectively.
(c) By a duly
authorized representative of the individual designated in subparagraphs (a) or
(b) of this paragraph if:
1. The authorization
is made in writing by the individual described in subparagraph (a) or (b) of
this paragraph;
2. 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,
operator of a well, or well field superintendent, or a position of equivalent
responsibility, or having overall responsibility for environmental matters for
the company; and
3. The written
authorization is submitted to the Control Authority.
(d) If an authorization under subparagraph
(12)(c) 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 subparagraph (12)(c) of this rule
must be submitted to the Control Authority prior to or together with any
reports to be signed by an authorized representative.
(13) Signatory requirements for WWF reports.
Reports submitted to the Approval Authority by the WWF in accordance with
paragraph (9) of this rule must be signed by a principal executive officer,
ranking elected official or other duly authorized employee. The duly authorized
employee must be an individual or position having responsibility for the
overall operation of the facility or the Pretreatment Program. This
authorization must be made in writing by the principal executive officer or
ranking elected official, and submitted to the Approval Authority prior to or
together with the report being submitted.
(14) Provisions Governing Fraud and False
Statements.
The reports and other documents required to be submitted or
maintained under this rule shall be subject to:
(a) The provisions of
18 U.S.C. section
1001 relating to fraud and false
statements;
(b) The provisions of
section 309(c)(4) of the Federal Clean Water Act, as amended, governing false
statements, representation or certification; and
(c) The provisions of section 309(c)(6)
regarding responsible corporate officers.
(15) Record-keeping requirements.
(a) Any Industrial User and WWF subject to
the reporting requirements established in this rule shall maintain records of
all information resulting from any monitoring activities required by this rule,
including documentation associated with Best Management Practices. Such records
shall include 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 analyses were performed;
3.
Who performed the analyses;
4. The
analytical techniques/methods use; and
5. The results of such analyses.
(b) Any Industrial User or WWF
subject to the reporting requirements established in this rule (including
documentation associated with Best Management Practices) shall be required to
retain for a minimum of 3 years any records of monitoring activities and
results (whether or not such monitoring activities are required by this rule)
and shall make such records available for inspection and copying by the
Director and the Regional Administrator (and WWF in the case of an Industrial
User). This period of retention shall be extended during the course of any
unresolved litigation regarding the Industrial User or WWF or when requested by
the Director or the Regional Administrator.
(c) Any WWF to which reports are submitted by
an Industrial User pursuant to paragraphs (2), (4), (5), and (8) of this rule
shall retain such reports for a minimum of 3 years and shall make such reports
available for inspection and copying by the Director and the Regional
Administrator. This period of retention shall be extended during the course of
any unresolved litigation regarding the discharge of pollutants by the
Industrial User or the operation of the WWF Pretreatment Program or when
requested by the Director or the Regional Administrator.
(16) The Industrial User shall notify the
WWF, the EPA Regional Waste Management Division Director, and State hazardous
waste authorities in writing of any discharge into the WWF of a substance,
which, if otherwise disposed of, would be a hazardous waste under chapter
0400-12-01.
(a) Such notification must include
the name of the hazardous waste as set forth in chapter 0400-12-01, the EPA
hazardous waste number, and the type of discharge (continuous, batch, or
other). If the Industrial User discharges more than 100 kilograms of such waste
per calendar month to the WWF, the notification shall also contain the
following information to the extent such information is known and readily
available to the Industrial User: An identification of the hazardous
constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents in the
wastestream expected to be discharged during the following twelve months. All
notifications must take place within 180 days of the effective date of this
rule. Industrial users who commence discharging after the effective date of
this rule shall provide the notification no later than 180 days after the
discharge of the listed or characteristic hazardous waste. Any notification
under this paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed discharges must be submitted
under paragraph (10) of this rule. The notification requirement in this rule
does not apply to pollutants already reported under the self-monitoring
requirements of paragraphs (2), (4), and (5) of this rule.
(b) Dischargers are exempt from the
requirements of subparagraph (a) of this paragraph during a calendar month in
which they discharge no more than fifteen kilograms of hazardous wastes, unless
the wastes are acute hazardous wastes as specified in subparagraphs (4)(a) and
(d) of Rule
0400-12-01-.02. Discharge of
more than fifteen kilograms of non-acute hazardous wastes in a calendar month,
or of any quantity of acute hazardous wastes as specified in subparagraphs
(4)(a) and (d) of Rule
0400-12-01-.02, 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.
(c) In the
case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the Industrial User must notify the WWF, 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.
(d) In the case of any
notification made under this paragraph, the Industrial User shall certify that
it has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically
practical.
(17) Annual
certification by Non-Significant Categorical Industrial Users. A facility
determined to be a Non-Significant Categorical Industrial User pursuant to
subparagraph (b) in the definition of "Significant Industrial User" in
paragraph (1) of Rule
0400-40-14-.03 must annually
submit the following certification statement, signed in accordance with the
signatory requirements in paragraph (12) of this rule. This certification must
accompany an alternative report required by the Control Authority:
Based
on my inquiry of the person or persons directly responsible for managing
compliance with the categorical Pretreatment Standards under 40 C.F.R. ______,
I certify that, to the best of my knowledge and belief that during the period
from __________, ________ to ________, ________ [months, days, year]:
(a) The facility described as
____________________ [facility name] met the definition of a non-significant
categorical Industrial User as described in subparagraph (b) in the definition
of "Significant Industrial User" in paragraph (1) of Rule
0400-40-14-.03;
(b) The facility complied with all applicable
Pretreatment Standards and requirements during this reporting period;
and
(c) 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.
_____________________________________________________________________
_____________________________________________________________________
(18) The Control
Authority that chooses to receive electronic documents must satisfy the
requirements of 40 CFR Part 3 (Electronic reporting).
Authority: T.C.A. §§
4-5-201, et seq., and 69-3-101, et
seq.
