Sec. 13-24-30. - Reporting and recordkeeping.
A. General. The control authority has the right to require the submission of such notices and self-monitoring reports from users as are necessary to assess and assure compliance by, among others, users with pretreatment standards and pretreatment requirements, including, but not limited to, the reports required in 40 C.F.R. § 403.12. Industrial users shall submit the following reports, as applicable, and industrial users and other users shall submit such reports as may be required by the control authority and shall contain the certification statement set forth in subsection 13-24-30(J)(1), below.
B. Baseline monitoring report (BMR).
1. Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under Tennessee Rule 0400-40-14-.06(1)(d), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the WWTP shall submit to the control authority a report which contains the information listed in subsections (2)a—(2)e, (3) and (4), below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in subsection (2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards and shall provide estimates of the information required under subsections (B)(2)(d) and (E), below, regarding its anticipated flow and quantity of pollutants to be discharged.
2. Industrial users described above shall submit the information set forth below.
a. Identifying information. The username and address of the facility including: the names of operators and owners.
b. Permit information. A listing of any environmental control permits held by or for the facility.
c. Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the WWTP from the regulated processes.
d. Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula pursuant to section 13-24-42(B) (See Tennessee Rule 0400-40-14-.06(5)). The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations. In addition, discharge flow data showing whether flow-proportional, time-proportional composite, and/or grab sampling are required for collecting representative samples for discharge monitoring purposes based on the consistency of the discharge flows.
e. Measurement of pollutants.
(i) Identification of the categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
(ii) The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the pretreatment standard or by the control authority), of regulated pollutants in the discharge from each regulated process.
(iii) Instantaneous, daily maximum, and long-term average concentrations (or masses, where required), shall be reported.
(iv) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 C.F.R. § 136 and amendments, unless otherwise specified in an applicable categorical standard. Where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the industrial user shall submit documentation as required by the control authority, or the applicable standards, to determine compliance with the pretreatment standard.
(v) The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.
(vi) 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 industrial user should measure the flows and concentrations necessary to allow use of the combined wastestream formula pursuant to section 13-24-42(B) and Tennessee Rule 0400-40-14-.06(5) to evaluate compliance with the pretreatment standards.
(vii) The control authority may allow the submission of a baseline report, which utilizes only historical data, so long as the data provide information sufficient to determine the need for industrial pretreatment measures.
(viii) 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 WWTP.
3. Compliance certification. Existing industrial users shall submit a statement, reviewed by the authorized representative of the industrial user 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.
4. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, existing industrial users shall submit the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule for meeting a categorical pretreatment standard shall not be later than the compliance date established for the applicable categorical pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (C) of this section, below.
C. Compliance schedule progress report. The following conditions shall apply to the compliance schedule required under the BMR section above:
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 a Tennessee State licensed professional engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
2. No increment referred to above shall exceed nine months.
3. The user shall submit a progress report to the control authority no later than 14 days following each date in the schedule and the final date of compliance including, at a minimum, whether or not it has complied with the increment of progress and, if not, the date on which it expects to comply with this increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
4. In no event shall more than nine months elapse between such progress reports to the control authority.
5. At the discretion of the control authority, progress reports may be submitted by the 15 th of each calendar month until full compliance is achieved, as determined by the control authority.
D. 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 POTW, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in [subsections] (B)(2)(d) and (e) and (B)(3). For industrial users subject to equivalent mass or concentration limits, established by the control authority in accordance with the procedures in section 13-24-42(E) or (F), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
E. Self-monitoring reports (SMRs)
1. All significant industrial users (including CIUs, except for non-significant CIUs) must submit, at a frequency determined by the control authority, but no less than twice per year, reports indicating the nature, concentration of pollutants in the discharge, which are limited or otherwise required to be sampled by the discharge permit and such other pretreatment standards as are applicable, and the measured or estimated average and maximum daily flows, as applicable, for the reporting period. In cases where the pretreatment standard requires compliance with a BMP (or pollution prevention alternative), the industrial user must submit documentation necessary to determine the compliance status of the industrial user, including documentation required by the control authority and/or the pretreatment standard. If a semi-annual reporting schedule is established, then such reports are to be submitted on April 15 and October 15 for the preceding six full-month calendar period, unless a different schedule is established by the control authority. Monthly self-monitoring reports (and reports at other frequencies established by the control authority) are required to be submitted on the 15 th of the month following the compliance report (i.e., monthly compliance reports are due by the 15 th of each successive calendar month) unless an alternative approach is established in writing by the control authority.
2. All self-monitoring reports must be signed and certified in accordance with this chapter (see subsection (J), below).
F. Potential reduced reporting for small CIUs. If allowed by State law or regulation, the control authority may reduce the requirement for self-monitoring reports by a categorical industrial user in section 13-24-30(E) herein, to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the State, where the industrial user's total categorical wastewater flow does not exceed any of the following, and the industrial user otherwise meets the requirements as set forth in 40 C.F.R § 403.12(e)(3)(ii)—(v).
1. One one-hundredth (0.01) of a percent of the design dry weather hydraulic capacity of the POTW or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device, unless the industrial user discharges in batches;
2. One one-hundredth (0.01) of a percent of the design dry weather organic treatment capacity of the receiving treatment plant as determined by the control authority; and
3. One one-hundredth (0.01) of a percent of the maximum allowable headworks loading (MAHL) of the receiving treatment plant for any pollutant regulated by applicable categorical pretreatment standard for which local limits were developed as determined by the control authority.
G. Reporting of alternate concentration or mass limits. Where an alternate concentration or mass limit has been calculated in accordance with section 13-24-42(F), this adjusted limit, along with supporting data, shall be submitted to the control authority.
H. Reports of changed conditions. Each industrial user must notify the control authority at least 30 days before any significant changes to the industrial user's operations or system or any substantial increase to the nature, quality, or volume of its wastewater discharged, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection (K), below, or any changes that could reasonably be expected to cause interference or pass-through.
1. The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a new or updated permit application.
2. The control authority may issue an individual or general permit under section 13-24-22, modify, suspend, or revoke an existing discharge permit in response to, among other things, changed conditions or anticipated changed conditions.
Control authority approval is required before a significant industrial user can make such changes.
I. Report of potential problems.
1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug discharge that might cause potential problems to the POTW (including problems to the collection system that may be caused by fats, oils or grease clogging the sewer system or lift stations), the industrial user shall immediately notify the control authority 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 industrial user.
2. Within five days following such discharge, the industrial user shall, unless waived by the control authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the WWTP, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial 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 industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (1), above. 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 control authority immediately of any changes at its facility that significantly increases the potential for a slug discharge.
J. Certification statements.
1. The following reports shall be signed by the authorized representative of the user and shall have the certification statement set forth below in the indented language: permit applications, periodic self-monitoring reports, compliance schedule compliance reports, baseline monitoring, reports of accidental or slug discharges, and such other reports as the city identifies in writing to a user:
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. The city may determine that an industrial user, subject to categorical pretreatment standards, is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user meets the definition of "non-significant categorical industrial user" in section 13-4-1 due to its discharge of less than 100 gallons of total categorical wastewater on any given day. A facility identified by the city as a non-significant categorical industrial user based upon such criteria must annually submit the following certification statement signed by the authorized representative of the industrial user filling in the appropriate information:
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 section 13-4-1 Definitions;
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 on the following information.
___________________.
3. Certification of pollutants not present. Industrial users that have an approved monitoring waiver based on section 13-24-42(H) must certify on each report with the following statement 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 C.F.R. _______ [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 self-monitoring report under section 13-24-30(E).
K. Notification of the discharge of hazardous wastes.
(1) Industrial/commercial users shall notify the control authority, the EPA Regional Waste Management Division, and the Tennessee Department of Environment and Conservation (TDEC) 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 or Rule 0400-2-01. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261 or Rule 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 POTW, 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 waste stream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications for dischargers existing at the time should have taken place within 180 days of the city's first adoption of this rule (i.e., within 180 days of March 26, 1982). Industrial users who commence discharging after March 26, 1982, were and are required to provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under section 13-24-30(H). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this chapter.
(2) Dischargers are exempt from the requirements of subsections (K)(1) in this section during a calendar month in which they discharge no more than 15 kilograms (kg) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). A discharge of more than 15 kg 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.
(3) In the case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6921, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division control authority, and the TDEC of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under subsection (K) of this section, 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.
L. Recordkeeping. Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all reports, and records of information obtained pursuant to any monitoring activities required by this chapter, 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. 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. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any enforcement action or litigation concerning the user's compliance with its discharge permit or this sewer ordinance, or an enforcement action or litigation concerning the city, or where the user has been specifically notified of a longer retention period by the control authority.
M. Submission of all monitoring data. A user may monitor its discharge more frequently than the minimum set forth in its discharge permit, this sewer use ordinance, or as otherwise required. If a user subject to reporting requirements monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in section 13-24-48, the results of this monitoring shall be included in the reports required under section 13-24-30 and/or the discharge permit, as applicable.
N. Electronic reporting. Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow, nature, concentration, production and/or mass, where required. Upon the City of Memphis receiving approval from TDEC of a Cross Media Electronic Reporting Regulation (CROMERR) system, compliant with the Code of Federal Regulations Title 40, Part 3 (CROM ERR), the City of Memphis may require all or some of its users to submit such reports as the city deems appropriate in an electronic-only format through a CROMERR compliant system. CROMERR is an Environmental Protection Agency approved system allowing states, tribes, and local governments that receive or plan to begin receiving electronic documents in lieu of paper documents to satisfy regulations under an authorized program. Each user shall submit such CROMERR reports as the city identifies in a control mechanism (e.g., permit or letter) to the user within the time frame set forth, which shall provide the user at least 90 days to become CROMERR compliant. The user may request additional time for good cause, but such request does not automatically extend the deadline for becoming CROMERR compliant. New significant industrial user dischargers, including those located in outlying jurisdictions, shall submit reports through a CROMERR compliant system unless waived by the City of Memphis, Division of Public Works, in writing.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
