Reporting requirements.
Tulsa Revised Ordinances tit. 11-C, § 1205
in effectSection 1205. - Reporting requirements.
A. Baseline Monitoring Report. Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 C.F.R. §403.6(a)(4), whichever is later, existing affected categorical Users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in paragraph 5.b, below. At least ninety (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 Director a report which contains the information listed in paragraph 5.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. Users described above shall submit the information set forth below:
1. Identifying Information. The name and address of the facility, including the name of the operator and owner;
2. Environmental Permits. A list of any environmental control permits held by or for the facility;
3. Description of Operations. 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 that indicates points of discharge to the POTW from the regulated processes;
4. Flow Measurement. 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 wastestream formula set out in 40 C.F.R. § 403.6(e). The Director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;
5. Measurement of Pollutants.
a. The Categorical Pretreatment Standards applicable to each regulated process;
b. The results of sampling and analysis identifying the nature and concentration, and/or mass (where required by the standard or by the 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 Subsection 1205.J of this chapter; and
c. Sampling must be performed in accordance with procedures set out in Subsection 1205.K of this chapter.
6. Certification. A statement, reviewed by the User's authorized representative 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&M) and/or additional Pretreatment is required to meet the Pretreatment Standards and requirements, where required;
7. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards; the shortest schedule by which the User will provide such additional Pretreatment and/or O&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 Subsection 1205.B of this chapter; and
8. Signature and Certification. All baseline-monitoring reports must be signed and certified in accordance with Subsection 1205.N of this chapter.
B. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by paragraph 1205.A.7 of this chapter:
1. 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);
2. No time increment referred to above shall exceed nine (9) months; and
3. The User shall submit a progress report to the Director no later than fourteen (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. In no event shall more than nine (9) months elapse between such progress reports to the Director.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline —90 Day Reports. Within ninety (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 User subject to such Pretreatment Standards and requirements shall submit to the Director a report containing the information described in paragraphs 1205.A.4 through 1205.A.6 of this chapter. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 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 Subsection 1203.D of this chapter. All sampling and analyses shall be performed in conformance with Subsections 1205.J and 1205.K.
D. Periodic Compliance Reports.
1. All Significant Industrial Users shall submit, at a frequency determined by the Director but in no case less than twice per year, a report indicating the nature and concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User. In addition, the User shall fulfill the self-monitoring requirements specified in the facility's wastewater discharge permit. All periodic compliance reports must be signed and certified in accordance with Subsection 1203.D of this chapter.
2. All Wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of 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.
3. If a User subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in Subsections 1205.J and 1205.K of this chapter, the results of this monitoring shall be included in the report.
E. Report of Changed Conditions. Each User must notify the 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 thirty (30) days before the change. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty-five percent (25%) or greater, and the discharge of any previously unreported Pollutants. The 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 Subsection 1203.C of this chapter. The Director may issue a wastewater discharge permit under Subsection 1203.E of this chapter or modify an existing wastewater discharge permit under Subsection 1204.C of this chapter in response to changed conditions or anticipated changed conditions.
F. Report of Potential Problems.
1. 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, a Slug Discharge or Slug Load, that may cause potential problems for the POTW, the User shall immediately telephone and notify the Director 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.
2. The Director may require the User to 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 chapter.
3. 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 1205.F.1 in this chapter. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
4. Significant Industrial Users are required to notify the Director immediately of any changes at its facility affecting the potential for a Slug Discharge.
G. Reports from Unpermitted Users. All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
H. Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a User indicates a violation, the User must notify the Director within twenty-four (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 Director within thirty (30) days after becoming aware of the violation. The User is not required to resample if the City monitors at the User's facility at least once a month, or if the City samples between the User's initial sampling and when the User receives the results of this sampling.
I. Notification of the Discharge of Hazardous Waste.
1. Any User who commences the discharge of hazardous waste shall notify the Director, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the User discharges more than one hundred (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 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 (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection 1205.E of this chapter. 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 Subsections 1205.A, 1205.C, and 1205.D of this chapter.
2. Dischargers are exempt from the requirements of paragraph 1205.1.1 of this chapter, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 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.
3. 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 User must notify the Director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
4. 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 practicable.
5. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
J. Analytical Requirements. All Pollutant sampling and analyses, the results of which are required to be submitted to the City, shall be performed in accordance with the techniques set forth in 40 C.F.R. Part 136, as amended, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the Pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA. Each Pollutant analysis shall be performed by a laboratory certified by the Oklahoma Department of Environmental Quality or equivalent unless otherwise stated by the Director.
K. Sample Collection.
1. Except as indicated in paragraph 2., below, the User must collect Wastewater samples using flow proportional composite collection techniques, unless time proportional composite sampling or grab sampling is authorized by the Director. Where time proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple Grab Samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures, as documented in approved EPA methodologies, may be authorized by the Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
2. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
3. For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in Subsections 1205.A and 1205.C of this chapter, 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 Director may authorize a lower minimum. For the reports required by Subsection 1205.D of this chapter, the Industrial User is required to collect the number of Grab Samples necessary to assess and assure compliance with applicable Pretreatment Standards and requirements.
L. Timing. Reports required to be submitted by this chapter, wastewater discharge permits, or orders issued by the Director, 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, or reports whose postmark is unreadable, the date of receipt of the report shall govern.
M. Record Keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 1201.D and 1201.G. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. All other records required to be kept pursuant to a wastewater discharge permit requirement shall be retained by the User and made available for copying and inspection by the Director. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the City, or where the Director has specifically notified the User of a longer retention period.
N. Certification Statements.
1. Certification of Permit Applications and User Reports. The following certification statement is required to be signed by an Authorized Representative as defined in Subsection 1200.D of this chapter and presented by Users which submit: (a) permit applications in accordance with Subsection 1202.D of this chapter; (b) baseline monitoring reports under Subsection 1205.A of this chapter; (c) reports on compliance with the Categorical Pretreatment Standard deadlines under Subsection 1205.B of this chapter; and (d) periodic compliance reports required by Subsection 1205.D of this chapter:
"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. Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a Non-Significant Categorical Industrial User by the Director, pursuant to the definition of Significant Industrial User, in paragraph 4 of Subsection 1200.D of this chapter and paragraph 1203.D.3 of this chapter, must annually submit the following certification statement signed in accordance with the signatory requirements contained in the definition of Authorized Representative of the User, as defined in Subsection 1200.D of this chapter. This certification must accompany an alternative report required by the Director:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR _______, 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 requirements of a Non-Significant Categorical Industrial User pursuant to paragraph 4, in the definition of Significant Industrial User, found in Title 11-C Tulsa Revised Ordinances, Subsection 1200.D;
b. The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
c. The facility never discharged more than one hundred (100) gallons of total Categorical wastewater on any given day during this reporting period.
This compliance certification is based on the attached information:"
O. Fraud and False Statements. Reports and other documents required to be submitted or maintained under this chapter shall be subject to:
1. The provisions of 18 U.S.C. § 1001 relating to fraud and false statements;
2. The provisions of Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification; and
3. The provisions of Section 309(c)(6) of the Act regarding responsible corporate officers.
(Ord Nos. 17419, 19991; Ord. No. 22851, § 1, 3-28-2013)
Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT11-CWASE_CH12SEUS_S1205REREFetched: 10/28/2026