D.C. Mun. Regs. tit. 21, r. 21-1508

Current through Register Vol. 71, No. 37, September 13, 2024
Rule 21-1508 - REPORTING
1508.1

General Reporting Requirements. Industrial Users may be required to submit test results from samples collected of their discharged wastewater or other information requested by WASA on a routine and continuing basis. The Industrial User shall bear the costs of such tests and reports.

1508.2

Baseline Monitoring Reports, ninety (90) Day Compliance Reports, and Periodic Compliance Reports (for both Categorical and Non-Categorical Industrial Users), shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report and representative of conditions occurring during the reporting period.

1508.3

Periodic Compliance Reports (applicable to all Industrial Users). The following governs the Periodic Compliance Reports applicable to all Industrial Users:

(a) Any Industrial User that is required to have a discharge permit and performs self-monitoring shall submit Periodic Compliance Reports to WASA at a frequency specified in the discharge permit, indicating the nature and concentration of pollutants in the discharge during that reporting period;
(b) At a minimum, Significant Industrial Users shall sample their discharge and submit Periodic Compliance Reports once every six (6) months, or as WASA requires;
(c) Categorical Industrial Users (except for Non-Significant Categorical Industrial Users) shall submit reports during the months of June and December, unless required more frequently in the Pretreatment Standard or an alternative schedule is established in writing by WASA; and
(d) All Periodic Compliance Reports shall include:
(1) A record of the concentrations (and mass if specified in the discharge permit) of the pollutants listed in the discharge permit that were measured and a record of all flow measurements or the average and maximum daily flow for the reporting period;
(2) Documentation to demonstrate compliance with the Best Management Practices (BMP) or the average and maximum daily flow for the reporting period, in cases where the discharge standards are based on compliance with BMPs;
(3) Flow data, reported on the basis of actual measurement except when WASA may allow for verifiable estimates of these flows if justified by cost or feasibility considerations;
(4) Sampling and analysis data collected at the permitted location when the Industrial User performs sampling and analysis more frequently than is required and follows the sampling and analysis procedures in this chapter; and
(5) The certification statement provided in § 1508.10 signed by an authorized representative in accordance with § 1508.11.
1508.4

Reporting Violations (applicable to all Industrial Users). The following applies to reporting violations applicable to all Industrial Users:

(a) If sampling performed by an Industrial User exceeds an effluent limit, the Industrial User shall notify WASA within twenty-four (24) hours of becoming aware of the exceedance;
(b) The Industrial User shall repeat the sampling and analysis for that parameter and submit the results of the repeat analysis to WASA within thirty (30) days after becoming aware of the violation; and
(c) If WASA performed the sampling and analysis in lieu of the Industrial User and a result exceeds an effluent limit, then WASA shall perform the repeat sampling and analysis for that parameter unless WASA requires the Industrial User to perform the repeat analysis.
1508.5

Baseline Monitoring Reports. All Categorical Industrial Users shall comply with the following requirements for Baseline Monitoring Reports:

(a) Existing Categorical Industrial Users currently discharging to or scheduled to discharge to the District's wastewater system shall be required to submit to WASA a report which contains the information listed in paragraph (c) 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 40 C.F.R. § 403.6(a)(4), whichever is later;
(b) New sources and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable Categorical Pretreatment Standard shall be required to submit to WASA a report which contains the information listed in paragraph (c) at least ninety (90) days prior to commencement of their discharge. A new source shall also be required to report the methods of pretreatment it intends to use to meet applicable Categorical Pretreatment Standards. New sources shall give estimates of anticipated flows and pollutants discharged;
(c) Baseline Monitoring Reports shall include the following:
(1) The name and address of the facility, and the name of the operator and owner;
(2) A list of environmental control permits (including but limited to, hazardous waste generator permit, underground storage tank registration, and pesticide operator license) held by the facility;
(3) A brief description of the nature of the industrial processes or operations, average rate of production, and North American Industrial Classification System or Standard Industrial Classification of the operation(s) carried out by the Industrial User. This description should include a schematic process diagram which indicates points of discharge to the District's wastewater system from the regulated processes;
(4) Measured average daily flow and the maximum daily flow in gallons per day for each of the regulated process streams and any other streams, as necessary, to allow use of the combined waste stream formula set out in 40 C.F.R. § 403.6(e). WASA may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;
(5) The Categorical Pretreatment Standards applicable to each regulated process, if known;
(6) The results of sampling and analysis of at least one (1) representative sample identifying the nature and concentration (and/or mass where required by the Pretreatment Standard or WASA) of regulated pollutants in the discharge from each regulated process, which shall comply with the following:
(A) Both daily maximum and daily average concentrations (or mass, where required) shall be reported; and
(B) The sample shall be representative of daily operations and collected and analyzed in accordance with procedures listed in § 1507.6;
(7) WASA may allow historical data to be used if information is sufficient to determine the need for industrial pretreatment measures. Submitted data shall include:
(A) The time, date, and place of sampling;
(B) Methods of analysis; and
(C) Certification that sampling and analysis is representative of normal work cycles and expected pollutant discharges to the District's wastewater system;
(8) In cases where the Pretreatment Standard requires compliance with a Best Management Practice or pollution prevention alternative, the Industrial User shall submit documentation as required by WASA or the applicable Standards to determine compliance with the Standard;
(9)Certification. A statement reviewed by the Industrial User's authorized representative and certified to 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;
(10)Compliance schedule. If additional pretreatment and/or O&M is 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. A compliance schedule pursuant to this section shall meet the requirements set out in 40 C.F.R. § 403.12(c); and
(11) All baseline monitoring reports shall include the certification statement provided in § 1508.10 and shall be signed by an authorized representative in accordance with § 1508.11.
1508.6

Compliance Schedule Progress Reports (applicable to Industrial Users subject to a compliance schedule). Not later than fourteen (14) days following each date in a schedule and the final date for compliance, the Industrial User shall submit a progress report to WASA including, at a minimum, whether or not the Industrial User complied with the compliance deadlines and, if not, the date on which the Industrial User expects to comply with the compliance deadlines, the reason for delay, and the steps being taken by the Industrial User to return to the established compliance schedule. In no event shall more than nine (9) months elapse between such progress reports to WASA.

1508.7

Ninety (90) Day Compliance Reports shall be submitted under the following conditions:

(a) Final Compliance Reports shall be submitted by existing Industrial Users within ninety (90) days following the date for final compliance with the applicable pretreatment standards in a compliance schedule;
(b) Final Compliance Reports shall be submitted by Categorical Industrial Users within ninety (90) days following the date for final compliance with the applicable Categorical Pretreatment Standards;
(c) Initial Compliance Reports shall be submitted by New Source Categorical Industrial Users within ninety (90) days following commencement of the discharge to the District's wastewater system; and
(d) Both the ninety (90) Day Final and Initial Compliance Reports shall include the information described in § 1508.5(c)(4) - (11).
1508.8

Pretreatment Facilities Operation and Maintenance Certification. In addition to the certification requirements associated with the discharge monitoring reports, WASA may request that Industrial Users submit a list of their pretreatment facilities and a certification stating that their pretreatment facilities are being properly operated and maintained. If WASA makes the request, the following certification statement shall be signed by an authorized representative in accordance with § 1508.11 and submitted to WASA:

Based on my inquiry of the person or persons directly responsible for operating and maintaining the pretreatment facilities, I certify under penalty of law that, to the best of my knowledge and belief that during the period from [specify month, day, year] to [specify month, day, year], the facility described as [specify facility name] located at [provide address] has properly operated and maintained all pretreatment facilities in accordance with manufacturers' recommendations and District and WASA regulations. This certification is based on the following information: [provide supporting documentation that may include, but is not limited to, the following: operating logs; cleaning, inspection, and/or maintenance records; preventive maintenance work orders; equipment calibration records; and equipment repair or replacement records]. I am aware that there are significant penalties for submitting false information, including the possibility of having to pay a fine and imprisonment for knowingly doing so.

1508.9

Annual Certification by Non-Significant Categorical Industrial Users. A facility determined to be a Non-Significant Categorical Industrial User pursuant to 40 C.F.R. § 403.3(v)(2) shall annually submit the following certification statement, signed by an authorized representative in accordance with § 1508.11:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 C.F.R. Parts 405 - 471 [specify applicable section], I certify under penalty of law that, to the best of my knowledge and belief that during the period from [specify month, day, year] to [specify month, day, year]:

(a) The facility described as [specify facility name] located at [provide address] met the definition of a Non-Significant Categorical Industrial User as described in 40 C.F.R. § 403.3(v)(2);
(b) the facility complied with all applicable pretreatment standards and requirements during this period; and
(c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information [provide supporting documentation]. I am aware that there are significant penalties for submitting false information, including the possibility of having to pay a fine and imprisonment for knowingly doing so.
1508.10

General Certification Statement. Industrial Users shall include the following certification statement in the submission of all applications, reports, waiver requests, notices to WASA (except for Pretreatment Facilities Operation and Maintenance Certification, and annual certification by Non-Significant Categorical Industrial Users):

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of having to pay a fine and imprisonment for knowing violations.

1508.11

Signature Requirements. All applications, reports, certifications, and notices shall be signed as follows:

(a) By a responsible corporate officer, if the Industrial User is a corporation;
(b) By a general partner or proprietor if the Industrial User is a partnership or sole proprietorship, respectively;
(c) By a duly authorized representative of the individual designated in paragraphs (a) and (b) of this subsection if:
(1) The authorization is made in writing by the individual described in paragraphs (a) or (b);
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, general manager, facility manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(3) The written authorization is submitted to WASA; and
(d) If an authorization under paragraph (c) of this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (c) of this subsection shall be submitted to WASA prior to or together with any reports to be signed by an authorized representative.
1508.12

A written report or certification received by WASA after a specified due date shall be deemed a late report or certification and the Industrial User shall be subject to enforcement action in accordance with § 1513.

D.C. Mun. Regs. tit. 21, r. 21-1508

Final Rulemaking published at 33 DCR 6194, 6201 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1052 (February 10, 2012)
The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety , including renaming many of the sections. Section 1508 is formerly entitled "Wastewater Monitoring."
Authority: The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).