§ 2-31-45. Reporting requirements.

(a)

Baseline monitoring reports.

(1)

Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under Rule 62-625.410(2), Florida Administrative Code (F.A.C.), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in paragraph (a)(2) below. At least ninety (90) days prior to 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 director a report which contains the information listed in paragraph (a)(2) 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.

(2)

Users described in paragraph (a)(1) 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 classification(s) of the operation(s) carried out by such user. This description shall include a schematic process diagram which indicates points of discharge into Manatee County's sanitary sewer collection system.

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 specified in Rule 62-625.410 (6), Florida Administrative Code (F.A.C.).

e.

Wastestreams. Regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula specified in Rule 62-625.410(6), Florida Administrative Code (F.A.C.). Verifiable estimates of such streams shall be allowed where justified by cost or feasibility considerations.

f.

Measurement of pollutants.

1.

The categorical pretreatment standards applicable to each regulated process.

2.

The results of sampling and analysis identifying the nature and concentration; and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term 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 this division. Where the pretreatment standard requires compliance with a best management practice or a pollution prevention alternative, the user shall submit the applicable pretreatment standard or other documentation required by the director to determine compliance with the pretreatment standard.

3.

The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of sub-subparagraph (a)(2)f.2. above. 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 shall measure the flows and concentrations necessary to allow use of the combined wastestream formula to evaluate compliance with pretreatment standards. Where an alternate concentration or mass limit has been calculated, such adjusted limit along with supporting data shall be submitted to the director.

4.

Sampling must be performed in accordance with procedures set out in this division and specified in the most recent version of the Department of Environmental Protection Standard Operating Procedures for Field Activities. All activities related to sampling and analysis shall comply with this section and Chapter 62-160, Florida Administrative Code (F.A.C.). If a sampling procedure is not available or none of the approved procedures are appropriate for collecting the samples, the sampling organization, with the approval of the user and the director, shall identify and propose a method for use in accordance with Rule 62-160.220, Florida Administrative Code (F.A.C.).

5.

Analytical tests shall be performed in accordance with applicable test procedures specified in 40 CFR Part 136. If a test for a specific component is not listed in 40 CFR Part 136, or if the test procedure has been determined to be inappropriate for the analyte in question (e.g., insufficient sensitivity), the laboratory, with the approval of the user and the director, shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160.330, Florida Administrative Code (F.A.C.).

6.

The director may allow 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.

7.

The baseline report shall indicate the time, date and place of sampling and methods of analysis, list the test results for each component, and certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

g.

Certification. A statement, reviewed by the user's authorized representative, 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 and requirements.

h.

Compliance schedule. If additional pretreatment and/or additional operation and maintenance (O&M) will be required to meet pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or additional operation and maintenance (O&M). 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 subparagraph must meet the requirements set out in subsection (b) of this section.

i.

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 2-31-43(f) of this division.

(b)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by this division:

(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 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);

(2)

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

(3)

The user shall submit a progress report to the director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as 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

(4)

In no event shall more than nine (9) months elapse between such progress reports to the director.

(c)

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 director 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 Rule 62-625.400(4), Florida Administrative Code (F.A.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 subsection 2-31-43(f) of this division.

(d)

Periodic compliance reports.

(1)

All significant industrial users shall, at a frequency determined by the director 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 treatment standards. This report shall include a record of the measured or estimated average and maximum daily flows for the reporting period; provided, however, the director shall require a more detailed reporting of flows if necessary to comply with the requirements of Rule 62-625.600, Florida Administrative Code (F.A.C.). Where the pretreatment standard requires compliance with a best management practice or a pollution prevention alternative, the significant industrial user shall submit the applicable pretreatment standard or other documentation required by the director to determine compliance with the pretreatment standard. All periodic compliance reports must be signed and certified in accordance with subsection 2-31-43(f) of this division.

(2)

All wastewater samples must be representative of the user's discharge during the period covered by the report. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(3)

If a user subject to the reporting requirement in this subsection monitors any pollutant more frequently than required by the director, using the procedures prescribed in this division, the results of this monitoring shall be included in the report.

(4)

The director may waive the requirement for a user subject to a categorical pretreatment standard to sample a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This waiver is subject to the following conditions:

a.

The waiver may be approved where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

b.

The monitoring waiver is valid only for the duration of the effective period of an individual wastewater discharge permit, but in no case longer than five (5) years, The user must submit a new request for waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

c.

In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

d.

Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

e.

Any approval of the monitoring waiver by the director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the director for three (3) years after the expiration of the waiver.

f.

Upon approval of the monitoring waiver and revision of the user's permit by the director, the user must certify on each report that there has been no increase in the pollutant in its wastestream due to activities of the user with the following statement:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR Part [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 of pollutants] in the wastewater due to the activities at the facility since filing of the last periodic report."

g.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately notify the director and comply with the monitoring requirements of this division or other more frequent monitoring requirements imposed by the director.

h.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standards.

(5)

The director may reduce the requirements for a user to submit periodic compliance reports to no less frequently than one per year, unless required more frequently in the pretreatment standard or by the state, where the user's total categorical wastewater flow does not exceed any of the following:

a.

0.01 per cent of the design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day (gpd), whichever is smaller as measured by a continuous effluent monitoring device unless the user discharges in batches;

b.

0.01 per cent of the design dry-weather organic treatment capacity of the POTW; or

c.

0.01 per cent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with this division.

Reduced reporting is not available to any user that has been in significant noncompliance during the previous two (2) years. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels which vary so significantly that, in the opinion of the director, decreasing the reporting requirement for such user would result in data not representative of conditions occurring during the reporting period.

(e)

Reports of changed conditions.

(1)

Each user must notify the director of any planned significant changes to the operation or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

a.

The director 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 pursuant to this division.

b.

The director may issue a wastewater discharge permit pursuant to this division or modify an existing wastewater discharge permit pursuant to this division in response to changed conditions or anticipated changed conditions.

c.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty-five (25) per cent or greater, and the discharge of any previously unreported pollutants.

(2)

Each significant industrial user must notify the director immediately of any changes at its facility affecting the potential of a slug discharge.

(3)

If the designation of an 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 user, a new written authorization satisfying the requirements of subsection 2-31-40(e) of this division must be submitted to the director prior to or together with any reports to be signed by such authorized representative.

(f)

Reports of potential problems.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a sanitary sewer overflow, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director 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.

(2)

Within five (5) days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to any of Manatee County's wastewater treatment plants, natural resources, or any damage or injury to persons or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this division.

(3)

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (f)(1) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(g)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may reasonably require. A facility determined to be a non-significant categorical industrial user by the director must annually submit the following certification statement signed by an authorized representative of the user:

"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR Part [specify applicable national pretreatment standard part(s)]. I certify that, to the best of my knowledge and belief, during the period from [month, day, year] to [month, day, year], the facility described as [industrial user name] met the definition of a non-significant categorical industrial user as described in Rule 62-625.200(25)(c), F.A.C.: the facility complied with all applicable pretreatment standards and requirements during the reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during the reporting period. This compliance certification is based on the following information: [documentation of basis to continue exemption]."

(h)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the 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 director within thirty (30) days after becoming aware of the violation. If the county performed the sampling and analysis in lieu of the user, the county will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. The user is not required to resample if the county performed the sampling and analysis in lieu of the user, if the director monitors at the user's facility at least once a month, or if the director samples between the user's initial sampling and when the user receives the results of this sampling.

(i)

Notification of the discharge of hazardous waste.

(1)

A user shall notify the director, the EPA regional waste management division director, and the state hazardous waste and pretreatment authorities, in writing, of any discharge into Manatee County's sanitary sewer collection system of a substance which, if otherwise disposed of, would be a hazardous waste under Chapter 62-730, Florida Administrative Code (F.A.C.). Such notification must include the name of the hazardous waste as set forth in Rule 62-625.600(15)(a), Florida Administrative Code (F.A.C.), the EPA hazardous waste number, and type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month into Manatee County's sanitary sewer collection system, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this section. 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 this division.

(2)

Dischargers are exempt from the requirements of paragraph (1) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in Rule 62-625.600(15)(b), Florida Administrative Code (F.A.C.). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Rule 62-625.600(15)(b), Florida Administrative Code (F.A.C.), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(3)

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 director, the EPA regional waste management division director, and the state hazardous waste and pretreatment authorities of the discharge of such hazardous waste within ninety (90) days of the effective date of such regulations.

(4)

In the case of any notification made under this subsection, 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.

(5)

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 techniques prescribed in 40 CFR Part 136 and Chapter 62-160, Florida Administrative Code (F.A.C.), and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 or Chapter 62-160, Florida Administrative Code (F.A.C.), does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the sampling and analytical techniques in 40 CFR Part 136 are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures recommended by the director or other parties approved by EPA.

(k)

Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and data representative of conditions occurring during the reporting period.

(1)

Except as indicated in paragraph (k)(2) below, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. In the event flow proportional sampling is infeasible, the director 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.

(2)

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab sample collection techniques.

(3)

For sampling required in support of baseline monitoring and ninety-day compliance reports required by this section, a minimum of four (4) grab samples must be used for oil and grease, pH, cyanide, total phenols, sulfides, and volatile organic compounds at facilities for which historical sampling data do not exist. The director may authorize a lower minimum of grab samples at facilities for which historical sampling data are available. For the reports required by subsection (d) of this section, the user shall collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards.

(l)

Timing. Written reports will be deemed to have been submitted on the date postmarked, if mailed. For reports which are not mailed, postage prepaid, into 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, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and all documentation associated with best management practices established under subsection 2-31-41(d) of this division. Records shall include the date, exact place, method, and time of sampling, and the name(s) of the person(s) taking the samples; the dates analysis were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the county, or where the user has been specifically notified of a longer retention period by the director.

(Ord. No. 98-28, § 6, 9-1-98; Ord. No. 05-69, §§ 10—12, 10-25-05; Ord. No. 12-21, § 8, 5-22-12; Ord. No. 16-12, § 9, 4-12-16 )