SIGNIFICANT INDUSTRIAL USER REPORTING REQUIREMENTS
Mesa City Code § 8-4-19
in effect8-4-19: - SIGNIFICANT INDUSTRIAL USER REPORTING REQUIREMENTS
(A) Significant industrial users not subject to categorical standards shall submit to the City Manager or Water Resources Director at least once every six (6) months (on dates specified by the City Manager or Water Resources Director) a description of the nature, concentration, and flow of the pollutants required to be reported to the City Manager or Water Resources Director. These reports shall be based on sampling and analysis performed in the period covered by the report. This sampling and analysis may be performed by the City Manager or Water Resources Director in lieu of such significant industrial user. Where the City Manager or Water Resources Director collects all the information required for the report, such significant industrial user will not be required to submit the report.
(B) Within one hundred eighty (180) days after the effective date of a categorical standard or one hundred eighty (180) days after the final administrative decision made upon a category determination submission under 40 CFR § 403.6(a)(4), whichever is later, existing industrial users subject to such a categorical standard and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the City Manager or Water Resources Director a report which contains all of the following information:
1. The name and address of the facility, including the name of the owner and operator;
2. A list of any environmental control permits held by or for the facility;
3. A brief description of the nature, average rate of production, and standard industrial classification of the operations carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
4. The measured average daily and maximum daily flow, in gallons per day (verifiable estimates of these flows where justified by cost of feasibility considerations may be allowed by the City Manager or Water Resources Director) from the POTW from both of the following:
(a) Regulated process streams; and
(b) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR § 403.6(e), as described in subparagraph 5.(e) of this Subsection;
5. A measurement of pollutants conducted as follows:
(a) The user shall identify the categorical standards applicable to each regulated process.
(b) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the categorical standard or the City Manager or Water Resources Director) 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.
(c) A minimum of four (4) grab samples shall be used for pH, cyanide, total phenol, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four- (24-) hour composite samples shall be obtained through flow-proportional composite sampling techniques where feasible. The City Manager or Water Resources Director may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(d) The user shall take a minimum of one (1) representative sample to compile that data necessary to comply with the requirements of this paragraph.
(e) Samples shall 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 40 CFR § 403.6(e) to evaluate compliance with the categorical standards. Where an alternate concentration or mass limit has been calculated in accordance with § 403.6(e), this adjusted limit, along with supporting data, shall be submitted to the City Manager or Water Resources Director.
(f) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 for the pollutant in question, or where the approval authority determines that the 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 City Manager or Water Resources Director or other parties approved by the approval authority.
(g) 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 POTW.
6. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether categorical standards are being met, and if not, whether additional operations and maintenance (O & M) and/or additional pretreatment is required for the industrial user to meet the categorical standards and pretreatment requirements; and
7. If additional pretreatment and/or O & M will be required to meet the categorical standards, the shortest schedule by which the industrial 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 categorical standard.
(C) At least ninety (90) days prior to commencement of a 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 City Manager or Water Resources Director a report which contains the information listed in paragraphs 1—5 of Subsection (B) of this Section. New sources also shall be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in paragraphs 4. and 5. of Subsection (B) of this Section.
(D) Within ninety (90) days following the date for final compliance with applicable categorical standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to categorical standards shall submit to the City Manager or Water Resources Director a report containing the information described in paragraphs 4., 5., and 6. of Subsection (B) of this Section.
(E) Any industrial user subject to a categorical standard after the compliance date of such standard or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City Manager or Water Resources Director during the months of June and December, unless required more frequently in the categorical standard or by the City Manager or Water Resources Director or approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical 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 paragraph 4. of Subsection (B) of this Section, except that the City Manager or Water Resources Director may require more detailed reporting of flows.
(F) The compliance schedule for meeting categorical standards required by paragraph 7 of Subsection (B) of this Section shall be as follows:
1. The compliance schedule shall contain increments of progress, not to exceed nine (9) months, 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 standards. "Major events" include activities such as hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, and completing construction.
2. Not later than fourteen (14) days following each date in the compliance schedule and the final date for compliance, the industrial user shall submit a progress report to the City Manager or Water Resources Director, including 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.
(G) Monitoring and analysis to demonstrate continued compliance shall be conducted as follows:
1. The reports required in Subsections (B), (C), (D), and (E) of this Section 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 City Manager or Water Resources Director, of pollutants contained therein which are limited by the applicable categorical standards. This sampling and analysis may be performed by the City Manager or Water Resources Director in lieu of the industrial user. Where the City Manager or Water Resources Director 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 40 CFR §§ 403.12(b)6 and 403.12(d). In addition, where the City Manager or Water Resources Director collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
2. If sampling performed by an industrial user indicates a violation, the user shall notify the City Manager or Water Resources 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 City Manager or Water Resources Director within thirty (30) days after becoming aware of the violation. However, the industrial user is not required to resample if either:
(a) The City Manager or Water Resources Director performs sampling of the industrial user at a frequency of at least once per month; or
(b) The City Manager or Water Resources Director performs sampling of the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
3. The reports required in Subsection (E) of this Section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The City Manager or Water Resources Director shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable categorical standards.
4. All analyses shall be performed in accordance with procedures established by the approval authority pursuant to CWA § 304(h) and contained in 40 CFR Part 136 or with any other test procedures approved by the administrator. 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 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 City Manager or Water Resources Director or other parties approved by the administrator.
5. If an industrial user subject to the reporting requirements in Subsection (E) of this Section monitors any pollutant more frequently than required by the City Manager or Water Resources Director using the procedures prescribed in paragraph 4 of this Subsection, the results of this monitoring shall be included in the report.
(H) The reports required by Subsections (B), (C), (D), and (E) of this Section shall both:
1. Include the certification statement set forth as follows:
"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 violation."
2. Be signed as follows:
(a) By a responsible corporate officer, if the industrial user submitting the reports required by Subsections (B), (C), (D), and (E) of this Section is a corporation. For purposes of this paragraph, a "responsible corporate officer" means either:
(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation; or
(ii) The manager of one (1) or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty- five million dollars ($25 million) if 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 Subsections (B), (C), (D), and (E) of this Section is a partnership or sole proprietorship.
(c) By a duly authorized representative of the individual designated in subparagraph (a) or (b) of this paragraph if all of the following criteria are met:
(i) The authorization is made in writing by the individual described in subparagraph (a) or (b);
(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, 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
(iii) The written authorization is submitted to the City Manager or Water Resources Director.
(d) If an authorization under subparagraph (c) of this paragraph is no longer accurate because a different individual or position has responsibility for either the overall operation of the facility or environmental matters for the company, a new authorization satisfying the requirements of subparagraph (c) of this paragraph shall be submitted to the City Manager or Water Resources Director prior to or together with any reports to be signed by an authorized representative.
(Ord. No. 5959, § 2, 8-25-25)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT8HESAEN_CH4SASERE_8-4-19SIINUSREREFetched: 11/1/2026