The Legalese-o-Meter

(a) Baseline monitoring reports (BMR). (1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical industrial users discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection 47-192(a)(2) of this Supp. No. 87 3294.14 WATER AND SEWERS § 47-192 subsection. At least 90 days prior to commencement of discharge, new sources, and existing sources that become categorical industrial users after the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection 47-192(a)(2)a, b and e, below. A new source shall report the method of pretreatment it proposes to use in order 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 47-192(a)(1) shall submit the information set forth below to the director. a. All information required in subsections 47-190(e)(1)a1, 47-190(e)(1)b, 47-190(e)(1)c1, and 47-190(e)(1)f of this article. b. Measurement of pollutants. 1. The user shall provide the information required in subsections 47-190(e)(1)g of this article to the director. 2. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this item (2). 3. User shall collect samples immediately downstream from pretreatment facilities if they exist or immediately downstream from the regulated process if no pretreatment facility exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user is required to measure the flows and concentrations necessary to allow use of the combined wastewater formula in 40 C.F.R. § 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. § 403.6(e), the user shall submit this adjusted limit along with supporting data shall to the director. 4. Sampling and analysis shall be performed in accordance with sections 47-192(k) and (l) of this article. 5. The director may allow the submission of a BMR which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. 6. The BMR shall indicate the time, date and place of sampling and methods of analysis, and shall contain a certification indicating that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. c. Compliance certification. User shall submit a statement, reviewed by the user’s authorized representative as defined in section 47-187(d) of this article, 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. d. 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 must be provided. The completion date in this schedule shall not be later than the compliance date Supp. No. 87 3294.15 § 47-192 HOUSTON CODE established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 47-192(b) of this article. e. Signature and report certification. All BMRs must be certified in accordance with section 47-192(o) of this article and signed by an authorized representative of the user as defined in section 47-187(d) of this article. (b) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection 47-192(a)(2)d 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 progress increment referred to in subsection 47-192(b)(1) above shall exceed nine months; (3) The user shall submit a progress report to the director no later than 14 days following each date in the schedule and the final date of compliance including, at a minimum, 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 (4) In no event shall more than nine months elapse between such progress reports to the director. (c) 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 director a report containing, the information described in subsections 47-190(e)(1)f, 47-190(e)(1)g, 47-192(a)(2)b, and 47-192(a)(2)c of this article. For a user subject to equivalent mass or concentration limits established in accordance with the procedures in section 47-188(b) of this article, 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 47-192(o) of this article, and all sampling will be done in conformance with section 47-192(l) of this article. (d) Periodic compliance reports. (1) All SIUs or other users required by the director must, at a frequency determined by the director, submit no less than twice per year reports indicating the nature, 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 BMP or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user. (2) All periodic compliance reports must be signed and certified in accordance with section 47-192(o) of this article. (3) All wastewater samples must be representative of the user’s discharge. Supp. No. 87 3294.16 WATER AND SEWERS § 47-192 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 maintain its monitoring facility shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (4) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures prescribed in sections 47-192(k) and (l) of this article, the results of the monitoring shall be included in the report. (5) Users that send electronic (digital) documents to