§ 13.12.080. Reporting requirements.

A.

Recordkeeping.

1.

All industrial users shall retain, and make available for inspection and copying, all records, reports, monitoring or other data, applications, permits and all other information and documentation required by this Chapter including documentation associated with Best Management Practices.

2.

Such records shall include for all samples:

a.

The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

b.

The dates analyses were performed;

c.

Who performed the analyses;

d.

The analytical techniques/methods used; and

e.

The results of such analyses.

Industrial users shall retain such records and shall keep such records available for inspection for at least three (3) years. This recordkeeping period shall be extended automatically for the duration of any litigation concerning the industrial user's compliance with any provision of this Chapter, or when the industrial user has been specifically and expressly notified of a longer records retention period by the Director.

B.

Confidential Information—Disclosure of Information and Availability to the Public.

1.

All records, reports, data or other information supplied by any person or industrial user as a result of any disclosure required by this Chapter or information and data from inspections shall be available for public inspection except as otherwise provided in this Section, 40 CFR Section 403.14 and the Montana Open Records Law (Mont. Code Ann. Section 2-6-401 et. seq.).

2.

These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include but shall not be limited to processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the industrial user which is desired to be considered a trade secret shall have the words, "Confidential Business Information," stamped on each page containing such information. The industrial user must demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the industrial user.

Information designated as a trade secret pursuant to this Section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of the City charged with implementing and enforcing the provisions of this Chapter and properly identified representatives of the U.S. Environmental Protection Agency and the Montana Department of Environmental Quality.

Effluent data from any industrial user whether obtained by self-monitoring, monitoring by the City or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection.

C.

Periodic Compliance Reports—All Significant Industrial Users.

1.

Any industrial user subject to a federal, state, or City Pretreatment Standard or Requirement must, at a frequency determined by the City submit no less than once per six (6) months, unless required more frequently in the permit or by the City, reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards 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 periodic compliance reports must be signed and certified in accordance with Section 13.12.080J.

2.

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.

3.

If an industrial user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the methods and procedures prescribed in Section 13.12.070. the results of this monitoring shall be included in the report.

4.

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.

D.

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 b. 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 Standard, shall submit to the City a report which contains the information listed in paragraph D.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 Section 13.12.050F.

b.

Measurement of pollutants.

1)

The industrial user shall take a minimum of one (1) representative sample to compile the data necessary to comply with the requirements of this paragraph.

2)

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 CFR Section 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.

3)

Sampling and analysis shall be performed in accordance with Section 13.12,070

4)

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.

5)

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.

6)

Signature and Report Certification. All baseline monitoring reports must be signed in accordance with Section 13.12.080 J. and signed by an Authorized Representative as defined in 13.12.020

E.

90-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 (90) day Compliance Report shall contain at a minimum the information required in Section 13.12.050 F. subparagraphs 6, 7, 10, 11, and 12.

F.

Twenty-Four-Hour Notice and Thirty-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 violations. The industrial user is not required to resample if 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.

G.

Slug/Spill Plan.

1.

Each industrial user shall provide protection from accidental discharges and slug loads of pollutants regulated under this Chapter. Facilities to prevent the discharge of spills or slug loads shall be provided and maintained at the industrial user's expense.

2.

The City shall evaluate whether each Significant Industrial User needs a Spill Prevention and 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 Plan or take such other action that may be necessary to control spills and slug discharges.

3.

A Slug/Spill 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 13.12.080 H.;

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.

4.

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.

H.

Reports of Potential Problems—Slug and Spills.

1.

In the case of any discharge, including, but not limited to, spills, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or a discharge that may cause potential problems for the POTW, 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 the discharge.

e.

Date and time discharge was halted.

f.

Location of the discharge.

g.

Estimated volume of the discharge.

h.

Estimated concentration of pollutants in the discharge.

i.

Corrective actions taken to halt the discharge.

j.

Method of disposal, if applicable.

2.

Within five (5) working days following such discharge, the industrial user shall, unless waived by the City, 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 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.

I.

Reports for Non-Significant Industrial Users. The City may require any Non-Significant Industrial User of the POTW to submit reports as necessary to carry out the provisions of this Chapter, independent of whether or not the industrial user has applied for or obtained a wastewater discharge permit as specified in 13.12.050 D.

J.

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, 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 provided in the definition of Authorized Representative of the Industrial User (Section 13.12.010) must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

K.

Compliance Schedules. Should any schedule of compliance be established in accordance with the requirements of this Chapter, the following conditions shall apply to such schedule:

1.

The schedule shall contain increments of progress 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 Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);

2.

No increment referred to above shall exceed nine (9) months;

3.

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the City including, at a minimum, 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. In no event shall more than nine (9) months elapse between such progress reports to the City.

L.

Change in Discharge or Operations. Every Significant Industrial User shall file a notification to 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 (20) percent in the mass of a pollutant or volume of flow discharged to the POTW. In addition, this notification shall include changes to:

1.

Adding or removing processing, manufacturing or other production operations.

2.

New substances used which may be discharged.

3.

Changes in the listed or characteristic hazardous waste for which the industrial user has submitted or is required to submit information to the City as required by paragraph M. below, this Chapter and 40 CFR Section 403.12 (p) as amended.

M.

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 Section 13.12.080 paragraphs F, H, and L.

Such notification must include:

a.

The name of the hazardous waste as set forth 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 Section 13.12.080 J.

2.

Any industrial user shall notify the EPA Regional Waste Management Division Director, 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 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 §403.12(p). The industrial user shall copy the City on all notifications made to the State and EPA.

3.

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.

(Ord. 2336 Exh. A (part), 1065. § 13.20.130).

(Ord. No. 3050, § 1, 8-3-2010; Ord. No. 3113, § 1, 9-3-2013)