Reporting requirements.
San Antonio City Code § 34-478
in effectSec. 34-478. - Reporting requirements.
(a) Baseline monitoring reports.
(1) Within either six (6) months after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed in paragraph (3) below.
(2) At least ninety (90) days prior to the 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 control authority a report which contains the information listed in paragraph (3) 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.
(3) Users described above shall submit the information set forth below:
a. Identifying information. The name and address of the facility, including the name of the operator and owner.
b. Environmental permits. A list 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, 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 POTW 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 regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
e. Measurement of pollutants. Information regarding pretreatment standards sampling include the following:
1. The categorical pretreatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration or mass, where required by the standard or by the control authority of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and 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 section 34-478(j) and (k) of this division. 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 CA or the applicable standards to determine compliance;
3. Sampling must be performed in accordance with procedures set out in section 34-478(j) of this division.
4. 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.
5. The baseline monitoring report shall indicate the time, date, and place of sampling and the methods of analysis, and shall certify that such sampling and analysis is representative or normal work cycles and expected pollutant discharge to the CA.
f. 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 and/or additional pretreatment is required to meet the pretreatment standards and requirements.
g. Compliance schedule. If additional pretreatment and/or additional operation and maintenance is necessary to meet the pretreatment standards, then the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance will be utilized. 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 Section 34-478(b) of this division.
h. Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 34-474(3) of this division.
(b) Initial database monitoring. The permittee shall initially document six (6) consecutive months of discharge monitoring to determine compliance with effluent standards established in the permit. If any discharge is found to be in violation of the permit limits, the permittee shall develop corrective measures to achieve and maintain consistent compliance. Techniques specified in 40 CFR 403 and 40 CFR 136 shall be used to collect and analyze any wastewater samples in connection with this database monitoring requirement.
(c) Compliance schedules and progress reports. The following conditions shall apply to the compliance schedule required by section 34-478(a)(3)g of this division.
(1) The compliance schedule shall allow the user to voluntarily establish goals and time frames for meeting those goals for installing, modifying, and/or maintaining pretreatment equipment and/or practices to identify and resolve conditions in their operation which have resulted in noncompliance. The user shall notify the control authority within five (5) working days from the initial compliance schedule meeting, stating whether or not they will enter into a compliance schedule. Within fifteen (15) working days of the initial compliance schedule meeting, the user shall submit a proposed compliance schedule to the control authority for review. No enforcement action will be taken against the user for instances of noncompliance which occur during an approved compliance schedule. Such instances of noncompliance may be the subject of enforcement at a later date should the user commit violations after the expiration of the applicable compliance schedule. Users must remain compliant for a minimum of one calendar year from the expiration date of the schedule. The CA may issue an extension to the user, if the user can document progress toward meeting the compliance schedule and the request for additional time is valid and reasonable;
(2) 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);
(3) No increment referred to above shall exceed nine (9) months; however, the duration of the compliance schedule and any individual increment shall be determined at the discretion of the control authority;
(4) The user shall submit a progress report to the control authority no later than fourteen (14) days following each date in the schedule and the final date of compliance including, at 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; and
(5) In no event shall more than nine (9) months elapse between such progress reports to the control authority.
(d) Reports on compliance with categorical pretreatment standard deadline. 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 control authority a report containing the information described in this division. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 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 this division.
(e) Periodic compliance reports.
(1) All categorical industrial users shall, at a frequency determined by the control authority, but in no case less than twice per year (in June and December), submit 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. All periodic compliance reports must be signed and certified in accordance with section 34-474(3) of this division. In cases where the Pretreatment Standard requires compliance with a BMP or P2 alternative, the User must submit documentation required by the Control Authority or the Pretreatment Standard necessary to determine the compliance status of the User.
(2) All wastewater samples must be representative of the user's discharge.
(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in section 34-478(j) of this division, the results of this monitoring shall be included in the report.
(4) All significant industrial users shall submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards that are taken from any permitted sample point and analyzed as outlined in 34-478(j). The SIU must submit documentation required by the CA within forty-five (45) days of the analysis.
(f) Notification of changed conditions. Each user must notify the control authority promptly, in writing, of any planned substantial or significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater, including a change in the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 (p).
(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 wastewater discharge permit application under section 34-474(2) of this division.
(2) The control authority may issue a wastewater discharge permit under section 34-475 of this division or modify an existing wastewater discharge permit under section 34-475(3) of this division in response to changed conditions or anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent or greater, and the discharge of any previously unreported pollutants.
(g) Notification of potential problems. 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 load, the user shall immediately telephone and notify the control authority and the appropriate wastewater treatment plant 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. Within five (5) days following such discharge, the user shall submit a detailed written report describing the items as referenced in sections 34-473(4) and 34-473(5) of this division.
(h) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Control Authority 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 Control Authority within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Control Authority monitors at the user's facility at least once a month, or if the Control Authority samples between the user's initial sampling and when the user receives the results of this sampling. All sampling and notification performed by the user under this section shall comply with the requirements of 40 CFR 403.12(g).
(i) Notification of the discharge of hazardous waste. Unless otherwise permitted by this division, the discharge of hazardous waste into the POTW is strictly prohibited and constitutes a violation of this division. Should a user discharge hazardous waste, said user must comply with the following provisions:
(1) Any user who commences the discharge of hazardous waste shall notify the control authority, the POTW, the EPA regional waste management division director, and the TCEQ, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). All SIU's who commence discharging after the effective date of this rule shall provide notification no later than one hundred and eighty (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. 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 sections 34-478(a), 34-478(c) and 34-478(d) of this division.
(2) 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 control authority, the EPA regional waste management division director, and the TCEQ of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(3) 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 practical.
(4) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.
(j) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. All analytical results submitted to the control authority shall include supporting quality assurance/quality control documentation.
(k) Sample collection. All sample collection should be performed pursuant to the applicable requirements of 40 CFR 403.12 and by appropriate EPA guidance, including preservation and compositing techniques.
(1) Except as indicated in subparagraph (b), the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not infeasible, the control authority may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. IU facilities that discharge batch discharges or have discharge that are less than twenty-four (24) hours in duration must have sampling collection techniques documented in the IU discharge permit. Self-monitoring samples collected must still provide a representative sample of normal daily regulated processes and activities.
(2) Samples for compliance monitoring for oil and grease, temperature, pH, cyanide, phenols, sulfides, total residual chlorine and volatile organic compounds must be obtained using grab collection techniques and follow preservation and compositing techniques as outlined in the 40 CFR § 403.12 and 40 CFR § 136.
(3) Any change to the permitted sampling locations requires prior notification and approval by the control authority.
(4) For sampling required in support of BMR and ninety-day reports required in 40 CFR 403.12 a minimum of four (4) grab samples are required for pH, cyanide, total phenols, O&G, sulfide and VOCs for new IUs, existing IUs that make changes or install new treatment, for existing IUs for which historical sampling data does not exist or in cases where the existing data does not represent the current discharge and could not be used to justify a lower number of minimum grab samples.
(l) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not transmitted through or by a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(m) Record keeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division 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 subsection 34-472(4)(c). 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. Documentation shall include all necessary data and reports necessary to show compliance with the narrative BMP as described in the IU Permit. These records shall remain available for a period of at least three (3) years by both the IU and CA. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority.
For DIUs the maintenance records shall include the following documentation:
• The date;
• Person conducting the inspection;
• Results of the inspection of each amalgam separator;
• A summary of any action or repairs needed;
• The type of amalgam retaining container or equivalent;
• The dates that amalgam is collected or shipped for proper disposal in accordance with 40 CFR § 261.5(g)(3);
• The name of the treatment, storage and disposal facility receiving the containers;
• Repair or replacement of the device including the date, person making the repair or replacement and a description of the repair or replacement to include the make and model.
A copy of the manufactures operating manual shall be available onsite for the current device. These records shall remain available for a period of at least three (3) years by both the IU and the control authority. This period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority.
(n) DIU one-time compliance reporting. Existing DIU established prior to July 14, 2017 must install compliant amalgam separators by July 14, 2020 and complete a one-time compliance report as described in 40 CFR § 411 by October 12, 2020 or ninety (90) days after transfer of ownership. New DIU established on or after July 14, 2017 must install complaint amalgam separators prior to any discharge to the POTW and complete a one-time compliance report as outlined in 40 CFR § 411 no later than ninety (90) days following the introduction of wastewater into the POTW. The DIU shall submit a copy of the one-time compliance report either online or by mail to the control authority as required.
(o) Existing or new industrial users having a pretreatment standard or permit requirement implemented with or met by a BMP requirement shall report information as may be necessary to determine compliance with the standard, including, but not limited to, baseline monitoring reports, ninety-day compliance reports, semi-annual reports and compliance milestone reports or other reports as may be required by individual permits or BMP programs.
(Ord. No. 81771, § 2(App. I), 3-2-95; Ord. No. 85765, § 1, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04; Ord. No. 2014-06-19-0472, § 1(Exh. A), 6-19-14; Ord. No. 2019-02-14-0123, § 1(Att. I), 2-14-19; Ord. No. 2021-04-29-0283, § 1(Att. I), 4-29-21)
Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH34WASE_ARTVSETRTRDI_DIV3INWA_S34-478REREFetched: 10/27/2026