Reporting and notification requirements.
North Las Vegas Municipal Code § 13.28.28
in effect13.28.28 - Reporting and notification requirements.
A. Periodic Compliance Reports (PCR)—All Significant Industrial Users.
1. Any significant industrial user or other industrial user required by the city, subject to a federal, state, or city pretreatment standard or requirement must submit reports, at a frequency determined by the city but no less than once per six months, indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards, including reporting of mass where applicable, and the average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practices (BMPs) or pollution prevention alternatives, the industrial user must submit documentation required by the city or the pretreatment standard necessary to determine compliance status of the industrial user. All industrial monitoring reports must be signed and certified in accordance with 13.28.28.H.
2. For industrial users subject to equivalent mass or concentration limits established by the city, the IMR 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 only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the IMR shall include the industrial user's actual average production rate for the reporting period.
3. All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that the sample results are unrepresentative of its discharge.
4. If an industrial user monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the methods and procedures prescribed in 13.28.24, the results of this monitoring shall be included in the report.
5. The sampling and analyses required for the reporting outlined above may be performed by the city in lieu of the permittee. Where the city itself makes arrangements with the industrial user to collect all the information required for the report, the industrial user will not be required to submit the report.
B. Baseline Monitoring Reports (BMR)—Categorical Industrial Users.
1. 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 CFR Section 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the city a report which contains the information listed in paragraph 2 below. At least ninety (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 pretreatment standard, shall submit to the city a report which contains the information listed in paragraph 2 below. A new source shall report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged from regulated process streams and other non-process streams.
2. Industrial users described above shall submit the information set forth below.
a. All information required in 13.28.10.F.;
b. Measurement of pollutants.
i. The industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph.
ii. 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 in 40 Section CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the city.
iii. Sampling and analysis shall be performed in accordance with 13.28.24.
iv. The city may allow the submission of a BMR which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
v. The BMR 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 POTW.
vi. Signature and report certification. All baseline monitoring reports must be signed in accordance with 13.28.28.H. and signed by an authorized representative as defined in 13.28.02.
C. Ninety-day compliance reports—categorical industrial users.
1. New Sources: All New Sources subject to existing categorical pretreatment standards shall submit a report to the city within ninety (90) days from the date of first discharge to the POTW demonstrating actual and continuing compliance with those standards.
2. Existing Sources: All existing sources required to comply with newly promulgated categorical pretreatment standards shall submit a report to the city within ninety (90) days of the date on which compliance is required with those standards demonstrating that actual and continuing compliance with such standards has been achieved.
3. Such ninety-day compliance report shall contain at a minimum the information required in 13.28.10.F., subparagraphs 5., 6., 7., 10., 11., 12. and 13. and Section 13.28.28.B.2.b.
D. Twenty-four (24) hour notice and thirty (30) day re-sampling. If sampling performed by an industrial user indicates a violation of this chapter, the industrial user shall notify the city within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if either of the following occurs:
1. The city performs sampling at the industrial user's facility at a frequency of at least once per month.
2. The city performs sampling at the industrial user's facility between the time when the industrial user performs its initial sampling and the time when the industrial user receives the results of this sampling. It is the sole responsibility of the industrial user to verify if the city has performed this sampling.
E. Slug and Spill Discharges—Notification and Plan Development.
1. Each industrial user shall provide protection from spills and slug discharges of pollutants regulated under this chapter. Facilities to prevent the discharge of spills or slug discharges shall be provided and maintained at the industrial user's expense.
2. Each permitted industrial user shall report all spills to the city that occurs within the boundaries of the user's facility whether or not the spill results in a discharge to the POTW.
3. The city shall evaluate whether each significant industrial user needs a slug/spill discharge control plan or other action to control spills and slug discharges. The city may require an industrial user to develop, submit for approval, and implement a slug/spill discharge control plan or take such other action that may be necessary to control spills and slug discharges.
4. A slug/spill discharge control plan shall address, at a minimum, the following:
a. Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;
b. Description of contents and volumes of any process tanks;
c. Description of discharge practices, including non-routine batch discharges;
d. Listing of stored chemicals, including location and volumes;
e. Procedures for immediately notifying the city of any spill or slug discharge. It is the responsibility of the industrial user to comply with the reporting requirements in 13.28.28.F.;
f. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response; and
g. Any other information as required by the city.
5. Notice to Employees. 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 an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.
F. Reports of Potential Problems—Slug Discharges.
1. In the case of any slug discharge as defined in 13.28.02, the industrial user shall immediately telephone and notify the city of the incident. This notification shall include:
a. Name of the facility;
b. Location of the facility;
c. Name of the caller;
d. Date and time of discharge;
e. Date and time discharge was halted;
f. Location of the discharge;
g. Estimated volume of discharge;
h. Estimated concentration of pollutants in discharge;
i. Corrective actions taken to halt the discharge;
j. Method of disposal if applicable.
2. Within five working days following such discharge, the industrial user shall, unless waived by the city, submit a detailed written report that includes all of the information contained in paragraph F.1. above and any other information 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 POTW, 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. The industrial user shall immediately contact the city when a change occurs at its facility affecting the potential for a slug discharge. The industrial user shall follow-up on this immediate notification with a written, detailed report outline the changes that were identified and how the industrial user will prevent slug discharges to the POTW.
G. Reports for Other Industrial Users. If the city deems it necessary to assure compliance with provisions of this chapter, any industrial user of the POTW may be required to submit an industrial wastewater discharge permit application, questionnaire or other reports and notifications in a format and timeframe as specified by the city.
H. Signatory Certification. All reports and other submittals required to be submitted to the city shall include the following statement and signatory requirements.
1. The authorized representative of the industrial user signing any application, questionnaire, any report or other information required to be submitted to the city must sign and attach the following certification statement with each such report or information submitted to the city:
"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 ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the 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 a fine and imprisonment for knowing violations."
2. If the authorized representative 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 this section and meeting the definition in 13.28.02 must be submitted to the city prior to or together with any reports to be signed by an authorized representative.
I. Compliance Schedules. Should any schedule of compliance be established in accordance with the requirements of this chapter, the compliance schedule shall be as specified in 13.28.10.F.10.
J. Change in Discharge or Operations.
1. Every permitted industrial user shall file a notification with the city a minimum of fourteen (14) days prior to any planned significant change in operations or wastewater characteristics. A significant change shall be a change equal to or greater than twenty percent (20%) in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:
a. Adding or removing processing, manufacturing or other production operations.
b. New pollutants used which may be discharged.
c. Changes in the listed or characteristic hazardous waste for which the industrial user has submitted or is required to submit information to the city under this chapter and 40 CFR Section 403.12(p) as amended.
2. Known or anticipated facility closure. The industrial user is required to notify the city at least thirty (30) days prior to facility shutdown or closure which might alter the character, nature, quality, or volume of its wastewater.
K. Notification of the Discharge of Hazardous Waste.
1. Any industrial user shall notify the city, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification to the city shall be made within the appropriate time frames specified in 13.28.28, paragraphs D., F. and J. or within twenty-four (24) hours of becoming aware of the discharge, whichever is shorter.
Such notification must include:
a. The name of the hazardous waste as set forth at 40 CFR Part 261;
b. The EPA hazardous waste number;
c. The type of discharge (continuous, batch, or other);
d. An identification of the hazardous constituents contained in the wastes;
e. An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month;
f. An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months;
g. Certification that the industrial user 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; and
h. Signatory certification as required by 13.28.28.H.
2. Any industrial user shall notify the EPA regional waste management division manager, and state hazardous waste authorities, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 and meets the reporting criteria specified at 40 CFR Section 403.12(p). Notification to the state and EPA is the responsibility of the industrial user and shall be made as required under 40 CFR Section 403.12(p). The industrial user shall copy the city on all notifications made to the state and EPA.
3. In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user must notify the city, 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. This provision does not create a right to discharge any substance not otherwise allowed to be discharged by this chapter, a permit issued hereunder, or any applicable federal or state law.
L. Requests for Information.
1. A permittee shall furnish to the city, within the timeframe set by the director, any information which the city may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating an industrial wastewater discharge permit, or to determine compliance with the industrial wastewater discharge permit or this chapter. A permittee shall also, upon request, provide to the city, within the timeframe required by the director, copies of any records that are required by the industrial wastewater discharge permit, discharge authorization or this chapter.
2. When requested by the city, any industrial user shall submit information to the director regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the director to meet the responsibilities under this chapter, state law, and 40 CFR Part 403. Failure to provide information within the timeframe specified shall be a violation of this chapter.
M. Surcharges: Sampling and Reporting for Industrial Users. The director may require any industrial user that discharges pollutants in excess of those pollutant limits specified in 13.28.02 within the definition for pass through, to periodically measure and report flows and wastewater pollutants. All sampling and reporting shall be performed as required in 13.28.24. If the city performs the sampling and either performs the analyses in-house or sends the samples to a contract lab, the industrial user shall be responsible for paying all fees associated with that activity or as otherwise specified in 13.28.40.
(Ord. No. 2771, § 1, 10-5-2016)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13.28REINUSINPRPR_13.28.28RENOREFetched: 11/1/2026