5 Colo. Code Regs. § 1002-63.13

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-63.13 - INDUSTRIAL USER MONITORING AND REPORTING REQUIREMENTS

This section incorporates 40 CFR 403.8 by reference. This is from the Code of Federal Regulations as of December 12, 2016, and does not include later amendments to, or editions of the incorporated material.

A. Monitoring and Reporting requirements for Significant Industrial Users in non-approved pretreatment programs.

(1) Industrial Users which are identified by the Director to meet those criteria at 63.7(FF) and the POTW to which the Industrial User discharges will be notified of the Industrial User's status as a significant Industrial User by the Director's issuance of a Notice of Discharge Requirements.

(2) Significant non-categorical Industrial Users and/or the POTW's to which the Industrial User discharges may petition the Director pursuant to 63.7(FF)(4) at any time requesting de designation. Upon the Director's finding that an Industrial User meeting the criteria of Section 63.7 has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Director may de designate the Industrial User.

(3) A Notice of Discharge Requirements shall contain, at a minimum;

(a) A statement of prohibitive discharge standards as specified at 40 CFR 403.5(b);

(b) Effluent limits, including Best Management Practices, based on applicable general Pretreatment Standards in 40 CFR 403, categorical Pretreatment Standards, local limits, and any other applicable limits established by the Director;

(c) Self monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and sample type. For sampling and reporting frequency, the minimum frequencies are set forth in the Table below;

(d) A statement of non transferability without, at a minimum, prior notification to the POTW, and provision of a copy of the existing control mechanism to the new owner or operator;

(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule; and

(f) Other requirements as appropriate.

FLOW OF REGULATED PROCESS (GPD)*	REPORTING PERIOD	REPORT DUE DATE
0 - 10,000	January - June	July 31
	July - December	January 31
Over 10,000	January	February 28
	February	March 31
	March	April 30
	April	May 31
	May	June 30
	June	July 31
	July	August 31
	August	September 30
	September	October 31
	October	November 30
	November	December 31
	December	January 31

* Where there are multiple regulated flows, sampling frequency is determined by the sum of all regulated flows.

(g)Sampling Frequencies. The following chart lists the required sampling frequencies:

FLOW OF REGULATED PROCESS (GPD)*	CONVENTIONAL POLLUTANTS**, INORGANICS (METALS INCLUDED), CYANIDE, AND PHENOL	ORGANICS (TT0s)
0 - 10,000	1/quarter	2/year
Over 10,000	12/year	2/year

* Where there are multiple regulated flows, sampling frequency is determined by the sum of all regulated flows.

** This includes pollutants such as BOD₅, TSS, Oil and Grease, and Metals.

(h)TTO. Monitoring for TTO (other than for BMRs and 90 day compliance reports) need only be done when an Industrial User does not certify as allowed in the individual categorical standard, or such certification is not allowed under the industrial category.

(i)Batch Discharges. Industrial Users that batch discharge are to sample when they discharge but need not sample more frequently than specified in paragraph (e).

(j) The Approval Authority may authorize the 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. This authorization is subject to the following conditions:

The Approval Authority may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the Notice of Discharge Requirements 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.

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 any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver must be signed, and include the certification statement in 40 CFR 403.6(a)(2)(ii). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA-approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the Approval Authority must be included as a condition in the 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 Approval Authority for three years after expiration of the waiver.

Upon approval of the monitoring waiver and revision of the User's control mechanism by the Approval Authority, the Industrial User must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User:

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.

In the event that a waived pollutant is found to be present or is expected to be immediately: Comply with the monitoring requirements listed above or other more frequent monitoring requirements imposed by the Approval Authority and notify the Approval Authority.

5 CCR 1002-63.13

40 CR 01, January 10, 2017, effective 3/1/2017