§ 37-747. Reporting requirements.

(a)

Baseline monitoring reports.

(1)

Within either one hundred eighty (180) days after the effective date of a federal categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR Part 403.6, Chapter I, Subchapter N and Chapter 62-625.410(2)(d), F.A.C., or as amended, whichever is later, existing SIU and categorical users currently discharging to or scheduled to discharge to the county WWF shall submit to the director a report which contains the information listed in paragraph (2) below. At least ninety (90) days prior to commencement of their discharge, new and existing SIU sources, and sources that become categorical users subsequent to the promulgation of an application categorical standard, shall submit to the director a report which contains the information listed in paragraph (2), below. A new SIU source shall report the method of pretreatment it intends to meet county local limits as identified and established by county resolution. A new categorical source shall report the method of pretreatment it intends to use to meet applicable categorical standards. All new sources shall provide an estimate of its anticipated flow and quantity of pollutants to be discharged.

(2)

Users described in paragraph (1) above shall submit, but not be limited to, the information set forth below:

a.

Identifying information. The names and titles of the authorized representative(s) and contact person(s), physical and mailing (if different) addresses for the facility, including the name of the facility operator and owner, telephone and facsimile numbers, and e-mail address.

b.

Environmental permits. A list of any federal, state and local 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 code(s) of the operation(s) carried out by the user. This description should include a site plan and a schematic process diagram which indicates the points of discharge to the county wastewater system from the regulated processes.

d.

Flow measurements. Information showing the measured average and maximum daily flows, in gallons per day, to the county WWF from regulated process streams and other wastestreams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR Part 403.6, Chapter I, Subchapter N and Chapter 62-625, F.A.C.

e.

Measurements of pollutants.

1.

The categorical pretreatment standards applicable to each regulated process.

2.

The results of all sampling and analysis identifying the nature, characteristics, concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process (where applicable) and unregulated process shall be reported by SIUs. 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 37-747(j) and section 37-747(k) of this article, 40 CFR Part 403.12, Chapter I, Subchapter N and Chapter 62-625.600, F.A.C. Additionally, all categorical industrial users (CIUs) shall collect samples in compliance with the number of grab samples specified by the control authority as needed to assess and ensure compliance with the categorical pretreatment standards and requirements.

f.

Sample collection. Sampling shall be performed in accordance with procedures set out in section 37-747(j) of this article, 40 CFR Part 403.12, Chapter I, Subchapter N and Chapter 62-625.600, F.A.C.

g.

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.

h.

Compliance schedule. If additional pretreatment, O&M, BMPs and/or BMPPs will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment, O&M, BMPs and/or BMPPs necessary to bring the facility into compliance with the pretreatment requirements and this article. The completion date in the compliance 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 37-747(b) of this article.

i.

Signature and certification. All baseline monitoring reports and BMPP compliance status reports (where applicable) must be signed and certified in accordance with section 37-745(g) of this article.

(b)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by section 37-747(a)(2)(h) of this article:

(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 in the compliance schedule 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. The progress report shall include, at 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 any such progress reports being submitted to the director.

(c)

Reports on compliance with categorical pretreatment standards 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 discharge into the county WWF, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information as described in section 37-747(a)(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Part 403.6, Chapter I, Subchapter N and Chapter 62-625, F.A.C., or as amended, 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 37-745(g) of this article.

(d)

Periodic compliance reports. All SIUs, and other users as designated by the director, shall submit a periodic compliance report to the control authority to demonstrate compliance with the pretreatment standards and other requirements set forth in this article. The following conditions shall apply:

(1)

All SIUs 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 pretreatment standards; the measured or estimated average and maximum daily flows for the reporting period; and the BMPP compliance status that includes the reporting on compliance with BMP-based categorical pretreatment standards or county local limits. All periodic compliance reports must be signed and certified in accordance with section 37-745(g) of this article.

(2)

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, 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 the sample results are not representative of their discharge.

(3)

If a user subject to the reporting requirements in this section monitors any pollutant more frequently than required by the director using the procedures prescribed in section 37-747(k) of this article, then the results of this/these monitoring event(s) shall be included in the periodic compliance report for that reporting period.

(e)

Reports of changed conditions.

(1)

Each user shall notify the director of any planned significant changes to the user's operations or production system which might alter the nature, characteristics, quality, or volume of its wastewater at least thirty (30) days before the change.

(2)

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 wastewater discharge permit application pursuant to section 37-745 of this article.

(3)

The director may issue an industrial wastewater discharge permit under section 37-746 of this article; or modify an existing industrial wastewater discharge permit pursuant to section 37-746(d) of this article in response to changed conditions or anticipated changed conditions.

(4)

For purposes of this requirement, significant changes include, but are not limited to, considerations such as:

a.

Changes to the sampling outfall(s);

b.

Increase of twenty (20) percent or more of the monthly average daily flow;

c.

Increase of ten (10) percent or more of the annual average daily flow;

d.

Discharge of any previously unreported pollutants;

e.

Changes to the BMP or BMPP as needed to comply with a pretreatment standard, county local limits or pretreatment requirement; or

f.

Changes that occur at the facility affecting the potential for a slug discharge.

(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, that may cause potential problems for the county WWF, the user shall immediately telephone and notify the director or designee of the incident. This notification shall include the location of the discharge, type of wastes, concentration and volume of the discharge, if known, and corrective actions taken by the user. The telephone notification shall be confirmed, signed and certified by the authorized representative, either in writing or by email within twenty-four (24) hours.

(2)

Within five (5) days following such discharge, the user shall, unless such requirement is 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 county wastewater system, natural resources, or any other damage to person(s) or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article, other county ordinances or state and federal laws. The written report shall be signed and certified by the authorized representative.

(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 (1) above. The user shall ensure that all employees, who may cause such a discharge to occur, or are responsible for the clean-up, are advised of the emergency notification procedures, including telephone numbers.

(g)

Reports from unpermitted users. All nonresidential users not required to obtain an industrial wastewater discharge permit shall provide appropriate reports to the director as the director may require and in accordance with the requirements set forth in this article, 40 CFR Part 403, Chapter I, Subchapter N and Chapter 62-625, F.A.C.

(h)

Notice of violation/repeat sampling and reporting. If sampling of the user's industrial discharge indicates a violation of this article or county local limits as specified and established by county resolution, 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. The user is not required to resample if the director monitors (collects samples from) the user's facility at least once a month, or if the director samples between the user's initial sampling event and when the user receives the results of that sampling event. However, if the violation is the result of a sample collected for analysis by the director, then the director will be responsible for notifying and informing the user of the parameter exceedence and the user shall be responsible for collecting the resample within thirty (30) days of becoming aware of the exceedence.

(i)

Notification of the discharge of hazardous waste.

(1)

Any user who commences the discharge of hazardous waste shall provide written confirmation to the director, the EPA regional waste management division director, the FDEP hazardous waste section, and other applicable federal, state and local delegated authorities, of any discharge into the county WWF of a substance which, if otherwise disposed of, would be designated as a hazardous waste pursuant to 40 CFR Part 261, Chapter I, Subchapter I. Such notification shall include the name of the hazardous waste as set forth in 40 CFR Part 261, Chapter I, Subchapter I, the EPA hazardous waste number, the type of discharge (continuous, batch, or other), identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream being discharged, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. Notifications shall be provided by the twenty-eighth of the following calendar month of such discharges. Any notification pursuant to this paragraph shall be submitted at least once for each hazardous waste discharged. Notifications of changed conditions shall be submitted in accordance section 37-747(e) of this article. The notification requirement in this section does not apply to those pollutants already reported by users subject to federal categorical pretreatment standards under the self-monitoring requirements of sections 37-747(a) and 37-747(d) of this article.

(2)

Dischargers are exempt from the requirements of paragraph (1), above, during a calendar month in which they discharge hazardous wastes for any given event or calendar day in a calendar month of no more than one (1) kilogram. However, acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) in any quantity during a calendar month shall be subject to the requirements in paragraph (1) above.

(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 shall provide written notification to the director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities, including FDEP, of the discharge of such substance within thirty (30) days of the effective date of such regulations.

(4)

In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of their hazardous wastes generated to the degree the director has determined to be economically practical. Furthermore, the director may require the user to develop and implement a pollution prevention plan, an accidental slug discharge and spill containment plan or a best management plan.

(5)

Section 37-747(i) does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal and state law.

(j)

Sample collection.

(1)

Except as indicated in (2), below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the director may authorize the use of time proportional sampling or a minimum of four (4) grab samples at appropriate intervals where the user demonstrates that this method will provide a representative sample of the wastestream being discharged to the county wastewater system.

(2)

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques and shall be composited together for analysis in accordance with 40 CFR 136. A minimum of four (4) grab samples shall be collected.

(3)

Measurements, tests and analysis of the characteristics and quality of waters and wastes to which reference is made in this article shall be performed in accordance with 40 CFR Part 136, Chapter I, Subchapter D, 40 CFR 403, Chapter I, Subchapter N, Chapter 62-160, F.A.C., and Chapter 62-625.600(1)(e)(6), F.A.C., or as amended; and shall be determined at the control manhole for the user, or upon suitable samples taken at the control manhole. In the event that no control manhole is available, the control manhole shall be considered, and designated as such, to be the nearest downstream manhole in the county's collection system to the point at which the building sewer lateral for the user is connected to the county WWF. Sampling shall be carried out to reflect the effect of constituents upon the county WWF and to determine the existence of hazards to health, safety and welfare.

(k)

Sample analysis.

(1)

All analysis of pollutants, including protocols and detection limits used for characterization of wastewater and wastes or for determining the water quality of the discharge to the county WWF, shall be performed in accordance with the techniques and requirements set forth in 40 CFR Part 136, Chapter I, Subchapter D, Chapter 62-160, F.A.C., and Chapter 62-625.600(1)(e)(6), F.A.C., or as amended, unless otherwise specified in an applicable categorical pretreatment standard. If the references cited herein do not contain applicable analytical protocols for the pollutant in question, the analysis shall be performed in accordance with procedures approved by EPA or FDEP. The director shall be given written notice of the analytical protocols employed by the industrial user to demonstrate compliance with the permit conditions and provisions of this article.

(2)

Annual costs for activities required pursuant to section 37-748 shall be recovered, at the option of the county, through fees charged to the respective nonresidential users. Fees may be assessed for each scheduled, unscheduled, or demand monitoring visits. Direct costs that are incurred by the county or its authorized agent for sampling, inspecting, and laboratory analysis, adjusted to reflect administrative, legal and other indirect costs, necessary for implementation and enforcement of the provisions of this article may be billed to the respective user. All self-monitoring costs incurred by any user, including, but not limited to, the cost of sampling, laboratory analysis, and reporting, shall be borne solely by the respective user.

(l)

Electronic reporting. The director may allow or require reports, including monitoring information, to be submitted on electronic media or electronically using the Internet. In such cases, the user shall acquire the necessary software as approved by the director, at their own expense. The director may require an original report, signed and certified, using conventional methods in addition to the electronic format.

(m)

Submittal date. Written reports will be deemed to have been submitted on the date postmarked by the United States Postal Service. 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 by the director shall govern. Reports submitted electronically via the Internet shall be the date of receipt by the director.

(n)

Recordkeeping.

(1)

Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance 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 the analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

(2)

Records shall be retained, preserved and available at the user's facility for a period of at least three (3) years. This period shall be automatically extended for the duration of any unresolved litigation or enforcement activity concerning the user or the county, or where the user has been specifically notified of a longer retention period by the director.

(3)

All records pertaining to matters which are the subject of any enforcement or litigation activities brought by the county pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals shall have expired.

(4)

The director shall have the right to inspect the records and related documents. The records shall be made available by the user, subject to the provisions of this article, for inspection by the director.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)