§ 21-62. Reporting requirements.  

Effective on Tuesday, November 1, 2022
  • (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 category determination under 62-625.410(2)(d) F.A.C., whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the WWTP, shall be required to submit to the city a report which contains the information listed in paragraph (2) below. At least ninety (90) days prior to commencement of their 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 a report which contains the information listed in paragraph (2) below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. 
    (2) The industrial user shall submit the information required by this section including: 

    a. Identifying information. The name and address of the facility including the name and operator and owners. 
    b. Wastewater discharge permit. A list of any environmental control wastewater discharge 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 industrial user. This description should include a schematic process diagram which indicates points of discharge to the WWTP from the regulated process. 
    d. Flow management. Information showing the measured average daily and maximum daily flow, in gallons per day, to the WWTP from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 62-625.410(6) F.A.C. 
    e. Measurement of pollutants.

    1. Identify the categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources. 
    2. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) 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 21-63(l). 
    3. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. 
    4. The sample shall be representative of the daily operations and shall be analyzed in accordance with the procedures set out in section 21-63(l) of this ordinance. Where the standard requires compliance with a bmp or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or applicable standards to determine compliance with the standard. 
    5. Sampling must be performed in accordance with procedures set out in section 21-63(k). 

    f. Certification. A statement reviewed by the industrial 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 (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. 
    g. Compliance schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment 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 pretreatment standard. 
    h. Signed and certified reports. All baseline monitoring reports must be signed and certified in accordance with section 21-61(g). 

    (b) Compliance schedule progress report. The following conditions shall apply to the schedule required by 21-63(a)(2)g. 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine (9) months. The industrial user shall submit a progress report to the Superintendent 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 industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Superintendent. 
    (c) Report 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 WWTP, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in section 21-63(a)(2)d.—f. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 62-625.410(4) F.A.C., this report shall contain a reasonable measure of the industrial user's long-term production rate. For all other industrial 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 industrial user's actual production during the appropriate sampling period. All compliance reports must be signed in accordance with section 21-61(g). 
    (d) Periodic compliance reports.

    (1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Superintendent 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 such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management plan (BMP) or pollution prevention alternative, the user must submit documentation required by the Superintendent or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with section 21-61(g). 
    (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 sample results are unrepresentative of its discharge. 
    (3) If an industrial user subject to the reporting requirements in and of this section monitors any pollutant more frequently than required by the WWTP, using the procedures prescribed in section 21-63(m) of this ordinance the results of this monitoring shall be included in the report. 

    (e) Report of changed conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least ninety (90) days before the change. 

    (1) The Superintendent may require the industrial 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 21-61(f). 
    (2) The Superintendent may issue a wastewater discharge permit under section 21-61(i) or modify an existing wastewater discharge permit under section 21-62(d). 
    (3) No industrial user shall implement the planned changed conditions(s) until and unless the Superintendent has responded to the industrial user's notice. 
    (4) For purposes of this requirement flow increases of ten (10) percent or greater, and the discharge of any previously unreported pollutants shall be deemed significant. 

    (f) Reports of potential problems.

    (1) 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 which may cause potential problems for the WWTP (including a violation of the prohibited discharge standards in section 21-59(a) of this ordinance), it is the responsibility of the industrial user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user. 
    (2) Within five (5) days following such discharge, the industrial user shall, unless waived by the Superintendent, 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 may be incurred as a result of damage to the WWTP, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this ordinance. 
    (3) Failure to notify the city of potential problem discharges shall be deemed a separate violation of this ordinance. 
    (4) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (1) above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. 

    (g) Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the Superintendent may require. 
    (h) Signatory requirements for industrial user reports. All required reports shall have a signed certification statement as required in section 21-61(g). Reports shall be signed as follows: 

    (1) By a responsible corporate officer, if the industry is a corporation. 
    (2) By a general partner or proprietor, if the industry is a partnership or sole proprietorship respectively. 
    (3) By a duly authorized representative of the individual designated in paragraph (1) or (2) above. 
    (4) The authorization is made in writing by the individual described in paragraph (1) or (2) above. 

    (i) Notice of violation/repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must 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 violation. Where the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Re-sampling is not required if: 

    (1) The city performs sampling at the industrial user at a frequency of at least once per month; or 
    (2) The city performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the city receives the results of the sampling. 

    (j) Notification of the discharge of hazardous waste.

    (1) Any industrial user who commences the discharge of hazardous waste shall notify the WWTP, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the WWTP of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 Subpart C. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261 Subpart C, the EPA hazardous waste number, and the type of discharge {continuous batch, or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the WWTP, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharge during that calendar month, and an estimation of the mass of constituents in the waste stream 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 discharges must be submitted under section 21-63(e) above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of sections 21-63(a), 21-63(c) and 21-63(d), above. 
    (2) Dischargers are exempt from the requirements of paragraph (1) of this section 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 Chapter 62-730, 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 Chapter 62-730, F.A.C. requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. 
    (3) In the case of any new department regulations identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the industrial user must notify the city and the department's hazardous waste and pretreatment authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. 
    (4) In the case of any notification made under this subsection, the industrial 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. 

    (k) Annual certification by non-significant categorical industrial users. An industrial user determined to be a non-significant categorical industrial user in accordance with section 21-58(d)(21), must annually submit the following certification statement, signed in accordance with the signatory requirements in (h) above. The certification must accompany any alternative report required by the city: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable national pretreatment standard part(s)]. I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]: 

    (1) The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as described in section 21-58(d)(21). 
    (2) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and 
    (3) The facility never discharged more than one hundred (100) gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption]." 

    (l) Analytical requirements. All pollutant analysis, 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 136 and amendments thereto, 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 or where the EPA 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 Superintendent or other parties approved by EPA. 
    (m) Sample collection.

    (1) Except as indicated in section (2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is unfeasible, the Superintendent may authorize the use of time proportional sampling 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. In addition, grab samples may be required to show compliance with instantaneous discharge limits. For industrial users where historical sampling data do not exist, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. All sampling activities shall be performed according to the procedures specified in "The Department of Environmental Protection Standard Operating Procedures for Field Activities," DEP-SOP-001/01, March 31, 2008. 
    (2) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. 

    (n) Determination of noncompliance. The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards. 
    (o) Recordkeeping. Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this ordinance. These records shall remain available for the term of the permit plus a period of three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by the Superintendent. 

(Ord. No. 2022-49, § 1, 11-01-22)