§ 110-157. Reporting requirements.

(a)

Baseline monitoring reports. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 62-625.410, F.A.C., whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the administrator a report which contains the information listed in paragraph (b), below. At least 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 administrator 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)

Information required. 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 which 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 waste stream formula set out in 62-625.410(6), F.A.C.

(5)

Measurement of pollutants.

a.

The user shall provide the information required in section 110-155(e).

b.

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

c.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (k) of this section.

d.

The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the administrator, 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.

e.

The baseline report 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.

f.

Sampling must be performed in accordance with procedures set out in subsection (l) of this section.

(6)

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 (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 subsection (c) of this section.

(8)

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 110-155(f).

(c)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (b)(7) of this section:

(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 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);

(2)

No increment referred to above shall exceed nine months;

(3)

The user shall submit a progress report to the administrator no later than 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 months elapse between such progress reports to the administrator.

(d)

Reports on compliance with categorical pretreatment standard deadline. Within 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 administrator a report containing the information described in subsection (b) of this section. For 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 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 110-155(f).

(e)

Periodic compliance reports.

(1)

All significant industrial users shall, at a frequency determined by the administrator 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. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the administrator or the pretreatment standard necessary to determine the compliance status of the user.

(2)

The county may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial 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 industrial user. See 40 CFR 403.12(e)(2). This authorization of the monitoring waiver is subject to the following conditions and does not supersede certification processes and requirements established in the categorical pretreatment standards, except as specified in the categorical pretreatment standard:

a.

The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

b.

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to and after any treatment present at the facility that is representative of all wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the department approved method from Rule 62-4.246, F.A.C., with the lowest methods detection limits for that pollutant was used in the analyses.

c.

The request for a monitoring waiver must be signed in accordance with subsection 110-155 and include the certification statement found in subparagraph 62-625.410(2)(b)2., F.A.C.

d.

The authorization must be included as a condition in the industrial user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.

e.

Upon approval of the monitoring waiver and revision of the industrial user's control mechanism by the control authority, the industrial user must certify each report with the following statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [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 pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under paragraph 62-625.600(4)(a), F.A.C."

f.

In the event that a waived pollutant is found to be present, or is expected to be present, based on changes that occur in the industrial user's operations, the industrial user must immediately notify the control authority and comply with the monitoring requirements of paragraph (4)a., above, or other more frequent monitoring requirements imposed by the control authority.

(3)

The county may reduce the requirement for periodic compliance reports to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the department, where the industrial user meets all of the following conditions:

a.

The industrial user's total categorical wastewater flow does not:

1.

Exceed 0.01 percent of the percent of the design dry weather hydraulic capacity of the WWF, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

2.

Exceed 0.01 percent of the design dry weather organic treatment capacity of the WWF; and

3.

Exceed 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed for a WWF in accordance with subsection 62-625.400(3), F.A.C.

b.

The industrial user has not been in significant noncompliance in the past two years; and

c.

The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.

(4)

All periodic compliance reports must be signed and certified in accordance with subsection 110-155(f).

(5)

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 facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(6)

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

(f)

Reports of changed conditions. Each user must notify the administrator 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 90 days prior to the change.

(1)

The administrator 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 110-155.

(2)

The administrator may issue a wastewater discharge permit under section 110-155 or modify an existing wastewater discharge permit under subsection 110-156(d) 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 20 percent or greater, and the discharge of any previously unreported pollutants.

(g)

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, that may cause potential problems for the POTW, the user shall immediately telephone and notify the administrator 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 days following such discharge, the user shall, unless waived by the administrator, 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 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 subsection (1), above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(4)

Significant industrial users are required to notify the administrator immediately of any changes at its facility affecting the potential for a slug discharge.

(h)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the administrator as the administrator may require.

(i)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the administrator within 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 administrator within 30 days after becoming aware of the violation. Additional sampling and analyses shall be conducted at the request of the administrator. However, resampling shall not be required if:

(1)

The administrator performs sampling at the industrial user at a frequency of at least once per month; or

(2)

The administrator performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the administrator receives the results of the sampling.

(j)

Notification of discharge of hazardous waste.

(1)

Any user is strictly prohibited from discharging any RCRA characteristic or listed hazardous waste as defined under 40 CFR Part 261 to the POTW at any time.

(2)

Any user who may accidentally spill into the POTW any hazardous waste as defined in 40 CFR Part 261 shall immediately notify the administrator verbally at the time of the accident followed by written notification to the administrator, the EPA Regional Waste Management Division Director, the state hazardous waste authorities, and the state pretreatment authority. All written notifications shall be done within 24 hours of the spill or the accidental discharge of hazardous waste into the POTW. All verbal and written notifications must contain the following information to the extent such information is known and readily available to the user:

a.

An identification of the hazardous constituents contained in the wastes and the name of the hazardous waste as set forth in 40 CFR Part 261;

b.

The EPA hazardous waste number;

c.

The type of discharge (continuous, batch, or other);

d.

An estimation of the mass; and

e.

Concentration of such constituents in the waste stream discharged into the POTW during the accidental discharge or spill.

All verbal and written notifications shall be submitted every time an accident or a spill leads to the discharge of hazardous constituents/hazardous waste into the POTW. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under self-monitoring requirements of this division.

(3)

This section concerning notification of discharge of hazardous waste applies to all users regardless of the amount and concentration of hazardous waste discharged into the POTW and whether or not the waste is just hazardous or the waste is acute hazardous waste as specified in 40 CFR Parts 261.30(d) and 261.33(e).

(4)

In case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall follow the same notification procedures, verbally to the administrator and in writing to all authorities just as indicated herein, upon an accidental discharge or accidental spill into the POTW of such newly identified hazardous waste.

(5)

In the case of any notification made under this section, the user shall certify that he/she have a program, approved by the administrator, in place within 30 days of time of notification to prevent or minimize the chances of additional accidental discharges of hazardous waste into the POTW.

(6)

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.

(7)

The administrator, under this division, may hold the user responsible for all costs incurred by the county due to repairs resulting from discharge to the POTW, cleanup, and any necessary steps taken to protect the operations of the POTW as a result of the discharge of hazardous waste into the system.

(k)

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 40 CFR Part 136 and Rule 62-160, F.A.C., 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 and/or FDEP.

(l)

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 based on data that is representative of conditions occurring during the reporting period.

For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. For periodic compliance reports, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(1)

Except as indicated in subsection (2), below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the administrator may authorize the use of time proportional sampling or a minimum of four 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)

Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:

a.

For cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field;

b.

For volatile organics and oil and grease, the samples may be composited in the laboratory;

c.

Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the county, as appropriate.

(3)

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

(4)

Samples shall be collected and analyzed during the time period covered by the self-monitoring report to be submitted.

(m)

Timing. Written reports will be deemed to have been submitted on the date postmarked. 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.

(n)

Recordkeeping. 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. 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. These records shall remain available for a period of at least three 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 administrator.

(Ord. No. 98-17, § 7, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)