Section 86. - Baseline monitoring reports.

A.

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 403.6(a)(4), 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 B. 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 B. 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.

B.

Users described above shall submit the information set forth below:

1.

Identifying information. The name and address of the facility, including the name of the operator and owner.

2.

Environmental permits. A list of any environmental control permits held by or for the facility.

3.

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 that indicates points of discharge to the POTW from the regulated processes.

4.

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).

5.

Measurement of pollutants.

a.

The categorical pretreatment standards applicable to each regulated process.

b.

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 Section 95 of this resolution and 40 CFR 403.12(b) and (g), including 40 CFR 403.23(g)(4).

c.

Sampling must be performed in accordance with procedures set out in Section 95 of this resolution.

6.

Certification. A statement, reviewed by the current user's authorized representative as defined in Section 2, 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 (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7.

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the 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 pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 87 of this resolution.

8.

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Section 79 E. of this resolution.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 87. - Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by Section 86 B.7. of this resolution:

A.

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);

B.

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

C.

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. Each progress report shall include whether or not the user 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

D.

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

(Res. of 6-9-03(2))

Section 88. - 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 Section 86 B.(4—6) of this resolution. 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 Section 79 E. of this resolution.

(Res. of 6-9-03(2))

Section 89. - Periodic compliance reports.

A.

All industrial users subject to periodic compliance reports shall, at a frequency determined by the permit but no case less than once every six (6) months, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the applicable flows for the reporting period. Sampling and analysis must be performed in accordance with procedures set out in Section 95 of this resolution. All periodic compliance reports must be signed and certified in accordance with Section 79(E) of this resolution.

B.

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director using the procedures prescribed in Section 95 of this resolution, the results of this monitoring shall be included in the report.

(Res. of 6-11-07)

Section 90. - Reports of changed conditions/interruption of operation.

Each user must notify the director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. The permittee shall not begin the changes until receiving written approval from the control authority and/or municipality. See Section 91 for other reporting requirements.

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 an industrial user permit application under Section 79 of this resolution.

B.

The director may issue an industrial user permit under Section 79 of this resolution or modify an existing industrial user permit under Section 81 of this resolution 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 (20) percent or greater, and the discharge of any previously unreported or previously reported but unregulated pollutants.

D.

Significant industrial users shall provide advance notice to the director when normal process operations will be interrupted for twenty-four (24) hours or longer.

(Res. of 6-9-03(2); Res. of 6-11-07; Res. of 11-14-11)

Section 91. - Report of potential problems.

A.

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 as defined in Section 2, 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.

B.

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 the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this resolution.

C.

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 A. above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. If the user has a procedure that is believed to be superior to the one above, that procedure may be submitted to the director for review and may, in the director's discretion, supersede the above requirements for posted notice.

D.

All SIU's are required to notify the director immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in Section 2.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 92. - Reports from unpermitted users.

All users not required to obtain an industrial or commercial user permit shall provide appropriate reports to the director as the director may require.

All users classified as non-significant categorical industrial users under section 2 shall provide appropriate reports to the director as the director may require. At a minimum, this shall include the annual certification of continuing to meet the non-significant categorical industrial user criteria as required under 40 CFR Part 403.12(q).

(Res. of 6-9-03(2); Res. of 11-14-11)

Section 93. - Notice of violation/repeat sampling and reporting.

A.

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 allowed by the director, the user is not required to resample:

1.

If the director monitors at the user's facility at least once a month;

2.

If the user is required to monitor at least once a month; or

3.

If the director samples between the user's initial sampling and when the user receives the results of this sampling.

B.

If the director does not require the user to perform any self-monitoring and the director's sampling results indicate that the user has exceeded an effluent limitation, the director shall repeat and obtain the results of the repeat analysis within thirty (30) days after becoming aware of the violations, unless one (1) of the following occurs:

1.

The director monitors at the user's facility at least once a month; or

2.

The director samples the user between their initial sampling and when the director receives the results of this initial sampling; or

3.

The director requires the user to perform sampling and submit the results to the director within the thirty-day deadline of the director becoming aware of the violation.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 94. - Notification of the discharge of hazardous waste.

Users are prohibited from disposing of hazardous waste except as specifically authorized by the director. Users authorized to dispose of hazardous waste must comply with notification requirements of 40 CFR 403.12(p).

(Res. of 6-9-03(2))

Section 95. - Analytical requirements and sample collection.

A.

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 pollutant analyses shall be performed by a North Carolina Division of Environmental Management Certified Laboratory that is certified in the analysis of the pollutant in wastewater.

B.

Grab and sample collection.

1.

All wastewater samples must be representative of the 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 a user to keep its monitoring facilities in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

2.

Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, volatile organic compounds, and any other pollutant as required by 40 CFR 136. The director shall determine the number of grab samples necessary to be representative of the user's discharge. See 40 CFR 403.12(g)(5) for additional grab sample number requirements for BMR and ninety-day compliance reports. Additionally, the director may allow collection of multiple grabs during a twenty-four-hour period which are composited prior to analysis as allowed under 40 CFR 136.

3.

Composite samples: All wastewater composite samples shall be collected with a minimum of hourly aliquots or grabs for each hour that there is a discharge. All wastewater composite samples shall be collected using flow proportional composite collection techniques, unless time-proportional composite sampling is authorized by the director. When time-proportional composites or grabs are authorized, the samples must be representative and the decision to allow the alternative sampling must be documented.

C.

Surcharges. The result of biochemical oxygen demand and total suspended solids from collected samples will be used as a basis for sewer service surcharges. All users of the POTW are subject to surcharges. A surcharge will be assessed on results that exceed a concentration of 200 mg/l of biochemical oxygen demand and 200 mg/l of total suspended solids. Such surcharge rates shall be established by the utility commission and can be found on file in the utility administration office.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 96. - Record keeping.

Users subject to the reporting requirements of this resolution shall retain, and make available to the commission, state, or EPA for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this resolution and any additional records of information obtained pursuant to monitoring activities undertaken by the user, independent of such requirements. 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. The user shall insure that these records remain available for at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the commission, or where the user has been specifically notified of a longer retention period by the director.

The director may develop procedures for receipt of electronic reports for any reporting requirements of this resolution. Such procedures shall comply with 40 CFR Part 3. These procedures shall be enforceable under article IX.

(Res. of 6-9-03(2); Res. of 6-11-07)