Fla. Admin. Code Ann. R. 62-625.600 - Reporting Requirements for Control Authorities and Industrial Users
(1) Baseline Report for industrial users upon
effective date of categorical pretreatment standard. Within 180 days after the
effective date of a categorical pretreatment standard, or 180 days after the
final administrative decision made upon a category determination request under
paragraph 62-625.410(2)(d),
F.A.C., whichever is later, existing industrial users subject to such
categorical pretreatment standards and currently discharging to, or scheduled
to discharge to a WWF shall submit to the control authority a report which
contains the information listed in paragraphs (a)-(g), below. At least 90 days
prior to commencement of discharge, new sources, and sources that become
industrial users subsequent to the promulgation of an applicable categorical
pretreatment standard, shall submit to the control authority a report which
contains the information listed in paragraphs (a)-(e), below. New sources shall
include in this report information on the method of pretreatment it intends to
use to meet applicable pretreatment standards. New sources shall give estimates
of the information requested in paragraphs (d) and (e), below.
(a) Identifying information. The industrial
user shall submit the name and address of the facility, including the name of
the operator and owners.
(b)
Permits. The industrial user shall submit a list of any pollution control
permits held by or for the facility.
(c) Description of operations. The industrial
user shall submit a brief description of the nature, average rate of
production, and Standard Industrial Classification (SIC) codes of the
operations carried out by such industrial user. This description shall include
a schematic process diagram which indicates points of discharge to the WWF from
the regulated processes.
(d) Flow
measurement. The industrial user shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the WWF from each
of the following:
1. Regulated process
streams; and,
2. Other streams as
necessary to allow use of the combined waste stream formula of subsection
62-625.410(6),
F.A.C. The control authority shall allow for verifiable estimates of these
flows where justified by cost or feasibility
considerations.
(e)
Measurement of pollutants.
1. The industrial
user shall identify the pretreatment standards applicable to each regulated
process.
2. In addition, the
industrial user shall submit the results of sampling and analysis identifying
the nature and concentration (or mass, where required by the pretreatment
standard or control authority) of regulated pollutants in the discharge from
each regulated process. Both daily maximum and average concentration (or mass,
where required) shall be reported. The sample shall be representative of daily
operations. 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 the control authority or the
applicable standards to determine compliance with the standard.
3. The industrial user shall take a minimum
of one representative sample to demonstrate data is in compliance with these
requirements.
4. Samples shall be
taken immediately downstream from pretreatment facilities, if such exist, or
immediately downstream from the regulated process if no pretreatment exists. If
other wastewaters are mixed with the regulated wastewater prior to
pretreatment, the industrial user shall measure the flows and concentrations
necessary to allow use of the combined waste stream formula of subsection
62-625.410(6),
F.A.C., in order to evaluate compliance with the pretreatment standards. Where
an alternate concentration or mass limit has been calculated in accordance with
subsection 62-625.410(6),
F.A.C., this adjusted limit, along with supporting data, shall be submitted to
the control authority.
5. All
activities related to sampling and analysis shall comply with paragraphs (6)(d)
and (e), and Chapter 62-160, F.A.C.
a.
Sampling activities shall be performed according to procedures specified in
"The Department of Environmental Protection Standard Operating Procedures for
Field Activities, " DEP-SOP-001/01, January 2017, adopted and incorporated by
reference in paragraph
62-160.800(1)(a),
F.A.C. A copy of this document made be obtained from the Department of
Environmental Protection, Water Quality Standards Program, 2600 Blair Stone
Road, Tallahassee, Florida 32399-2400.
b. Analytical tests shall be performed in
accordance with applicable test procedures identified in 40 C.F.R. Part 136, as
of July 1, 2009, hereby adopted and incorporated by reference. If a test for a
specific component is not listed in 40 C.F.R. Part 136, or if the test
procedure has been determined to be inappropriate for the analyte in question
(e.g., insufficient sensitivity) the laboratory, with the approval of the
industrial user and control authority, shall identify and propose a method for
use in accordance with Rules
62-160.300 and
62-160.330, F.A.C.
c. If a sampling procedure is not available
or none of the approved procedures are appropriate for collecting the samples,
the sampling organization, with the approval of the industrial user and control
authority, shall identify and propose a method for use in accordance with Rule
62-160.220,
F.A.C.
6. The industrial
user may submit a baseline report which utilizes only historical data so long
as the data provides information sufficient to determine the need for
industrial pretreatment measures.
7. The baseline report shall indicate the
time, date and place, of sampling; methods of analysis; and test results for
each component and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to the
WWF.
(f) Certification. A
statement, reviewed by an authorized representative of the industrial user
indicating whether pretreatment standards are being met on a consistent basis,
and if not, whether additional operation and maintenance (O & M) or
additional pretreatment is required for the industrial user to meet the
pretreatment standards and requirements.
(g) Compliance schedule. If additional
pretreatment or O & M will be required to meet the pretreatment standards,
the industrial user shall provide such additional pretreatment or O & M as
specified in a compliance schedule. The completion date in this schedule shall
not be later than the compliance date established for the applicable
pretreatment standard.
1. If the categorical
pretreatment standard has been modified by the combined waste stream formula in
accordance with subsection
62-625.410(6),
F.A.C., a removal credit in accordance with Rule
62-625.420, F.A.C., or a
fundamentally different factor variance in accordance with Rule
62-625.700, F.A.C., at the time
the industrial user submits the report required by this subsection, the
information requested in paragraphs (f) and (g), of this subsection, shall
pertain to the modified limits.
2.
If the categorical pretreatment standard is modified by the combined waste
stream formula, a removal credit, or a fundamentally different factor variance
after the industrial user submits the report required by this subsection, any
necessary amendment to the information requested in paragraphs (f) and (g), of
this subsection, shall be submitted by the industrial user to the control
authority within 60 days after the modified limit is
approved.
(2)
Compliance schedule and progress reports for meeting categorical pretreatment
standards. The following conditions shall apply to the compliance schedule
required by paragraph (1)(g), above:
(a) The
schedule shall contain increments of progress 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 industrial user to meet
the applicable categorical pretreatment standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction).
(b) No increment referred to in paragraph
(a), above, shall exceed 9 months.
(c) Within 14 days following each date in the
schedule and the final date for compliance, the industrial user shall submit a
progress report to the control authority including, at a minimum, whether or
not it complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the industrial user to
return the construction to the schedule established. In no event shall more
than 9 months elapse between such progress reports to the control
authority.
(3) Final
report 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 WWF, any industrial user subject to
pretreatment standards and requirements shall submit to the control authority a
report containing the information described in paragraphs (1)(d)-(f), above.
For industrial users subject to equivalent mass or concentration limits
established by the control authority in accordance with the procedures in
subsection 62-625.410(4),
F.A.C., this report shall contain a reasonable measure of the industrial user's
long term production rate. For all other industrial 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 industrial user's actual production during the appropriate
sampling period.
(4) Periodic
reports on continued compliance.
(a) Any
industrial user subject to a categorical pretreatment standard, except a
non-significant categorical industrial user, after the compliance date of such
pretreatment standard, or, in the case of a new source, after commencement of
the discharge into the WWF, shall submit to the control authority during the
months of June and December, unless required more frequently in the
pretreatment standard or by the control authority in accordance with paragraphs
(6)(c), (d), and (e), below, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such categorical
pretreatment standards. In addition, this report shall include a record of
measured or estimated average and maximum daily flows for the reporting period
for the discharge reported in paragraph (1)(d), above, except that the control
authority shall require more detailed reporting of flows if necessary to comply
with the requirements of this rule. In cases where the pretreatment standard
requires compliance with a best management practice or pollution prevention
alternative, the industrial user shall submit documentation required by the
control authority or the pretreatment standard necessary to determine the
compliance status of the industrial user. The industrial user may request
submission of the above reports in months other than June and December if,
based on such factors as local high or low flow rates, holidays, or budget
cycles, the alternate dates more accurately represent actual operating
conditions.
(b) The control
authority may authorize the industrial user subject to a categorical
pretreatment standard to waive sampling of a pollutant regulated by a
categorical pretreatment standard if the industrial user demonstrates the
following through sampling and other technical factors:
1. The pollutant is neither present nor
expected to be present in the discharge, or the pollutant is present only at
background levels from intake water and without any increase in the pollutant
due to activities of the industrial user; and,
2. The 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.
(c) This authorization of the monitoring
waiver is subject to the following conditions and does not supersede
certification processes and requirements established in categorical
pretreatment standards, except as specified in the categorical pretreatment
standard:
1. 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 5 years. The user must
submit a new request for the waiver before the waiver can be granted for each
subsequent control mechanism.
2. 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. 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 method detection limit for that pollutant was used in the
analysis.
3. The request for a
monitoring waiver must be signed in accordance with subsection (11), below, and
include the certification statement found in subparagraph
62-625.410(2)(b)
2., F.A.C.
4. 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 3 years
after expiration of the waiver.
5.
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 C.F.R. [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."
6. 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.
(d) The control authority may reduce the
requirement in paragraph (4)(a), above, to a requirement 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:
1. The industrial
user's total categorical wastewater flow does not:
a. Exceed 0.01 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;
b. Exceed 0.01 percent of the design dry
weather organic treatment capacity of the WWF; and,
c. 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.
2. The industrial
user has not been in significant noncompliance in the past two years; and,
3. 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 pursuant to paragraph (6)(c),
below.
(e) The industrial
user must notify the control authority immediately of any changes at its
facility causing it to no longer meet conditions of subparagraph (4)(d)1. or
(4)(d)2., above. Upon notification, the industrial user must immediately begin
complying with the minimum reporting in paragraph (4)(a), above.
(f) Where the control authority has imposed
mass limitations on industrial users as provided for by subsection
62-625.410(5),
F.A.C., the report required by paragraph (a), above, shall indicate the mass of
pollutants regulated by pretreatment standards in the discharge from the
industrial user.
(g) For industrial
users subject to equivalent mass or concentration limits established by the
control authority in accordance with the procedures in subsection
62-625.410(4),
F.A.C., the report required by paragraph (a), above, shall contain a reasonable
measure of the industrial user's long term production rate. For all other
industrial users subject to categorical pretreatment standards expressed only
in terms of allowable pollutant discharge per unit of production (or other
measure of operation), the report required by paragraph (a), above, shall
include the industrial user's actual average production rate for the reporting
period.
(5) Notice of
potential problems, including slug discharges. All categorical and significant
noncategorical industrial users shall notify the control authority and WWF
immediately of all discharges that could cause problems to the WWF, including
any slug discharges and prohibited discharges, as defined by subsection
62-625.400(2),
F.A.C.
(6) Monitoring and analysis
to demonstrate continued compliance.
(a)
Except in the case of non-significant categorical industrial users, the reports
required in subsections (1), (3), and (4), above, shall contain the results of
sampling and analysis of the discharge, including the flow and the nature and
concentration, or production and mass where requested by the control authority,
of pollutants contained therein which are limited by the applicable
pretreatment standards. This sampling and analysis may be performed by the
control authority in lieu of the industrial user, except when the Department is
acting as the control authority. Where the control authority performs the
required sampling and analysis in lieu of the industrial user, the industrial
user shall not be required to submit the compliance certification required
under paragraph (1)(f) and subsection (3), above. In addition, where the
control authority itself collects all the information required for the report,
including flow data, the industrial user shall not be required to submit the
report. All laboratory analytical reports prepared by the industrial user or
the control authority shall comply with Rule
62-160.340, F.A.C.
(b) If sampling performed by an industrial
user indicates a violation, the industrial user shall notify the control
authority within 24 hours of becoming aware of the violation. The industrial
user shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the control authority within 30 days after becoming aware of
the violation. Where the control authority has performed the sampling and
analysis in lieu of the industrial user, the control authority must perform the
repeat sampling and analysis unless it notifies the user of the violation and
requires the user to perform the repeat analysis. Resampling is not required
if:
1. The control authority performs sampling
at the industrial user at a frequency of at least once per month; or
2. The control authority performs sampling at
the industrial user between the time when the initial sampling was conducted
and the time when the industrial user or the control authority receives the
results of the sampling.
(c) The reports required in subsections (1),
(3), (4) and (7), shall be based upon data obtained through sampling and
analysis performed during the period covered by the report. These data shall be
representative of conditions occurring during the reporting period. The control
authority shall require a frequency of monitoring necessary to assess and
assure compliance by industrial users with applicable pretreatment standards
and requirements.
(d) For all
sampling required by this chapter, grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organic compounds. For all
other pollutants, 24-hour composite samples must be obtained through
flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the control authority.
Where time-proportional composite sampling or grab sampling is authorized by
the control authority, the sample must be representative of the discharge and
the decision to allow the alternative sampling must be documented in the
industrial user file for that facility. Using protocols (including appropriate
preservation) specified in Chapter 62-160, F.A.C., and DEP-SOP-001/01, multiple
grabs collected during a 24-hour period may be composited prior to analysis as
follows:
1. Samples for cyanide, total
phenols, and sulfides may be composited in the laboratory or in the
field;
2. Samples for volatile
organics and oil and grease may be composited in the laboratory; and,
3. Composite samples for other
parameters unaffected by the compositing procedures as allowed in the
Department's approved sampling procedures and laboratory methodologies may be
authorized by the control authority, as appropriate.
(e) Oil and grease samples shall be collected
in accordance with paragraph (6)(d), above, unless the sampling location or
point cannot be physically accessed to perform a direct collection of a grab
sample. In these instances, the sample shall be pumped from the sampling
location or point into the sample container using a peristaltic-type pump. All
pump tubing used for sample collection must be new or pre-cleaned and must be
changed between sample containers and sample points. The pump tubing shall not
be pre-rinsed or flushed with sample prior to collecting the sample. The report
of analysis shall indicate that a peristaltic pump was used to collect the oil
and grease sample.
(f) Sampling
required in support of baseline monitoring and 90-day compliance reports
required in subsections (1) and (3), above, shall be conducted as follows:
1. For industrial users where historical
sampling data do not exist, a minimum of four (4) grab samples must be used for
pH, cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds.
2. For industrial users
where historical sampling data are available, the control authority may
authorize a lower minimum.
(g) For the reports required by subsections
(4) and (7), the control authority shall require the number of grab samples
necessary to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements.
(h) If an industrial user subject to the
reporting requirement in subsection (4) or (7), monitors any regulated
pollutant at the appropriate monitoring location more frequently than required
by the control authority, using the procedures required by paragraph (6)(d),
above, the results of this monitoring shall be included in the
report.
(7) Reporting
requirements for industrial users not subject to categorical pretreatment
standards.
(a) The control authority must
require appropriate reporting from those industrial users with discharges that
are not subject to categorical pretreatment standards. Significant
non-categorical industrial users must submit to the control authority at least
once every six months (on dates specified by the control authority) a
description of the nature, concentration, and flow of the pollutants required
to be reported by the control authority. In cases where a local limit requires
compliance with a best management practice or pollution prevention alternative,
the industrial user must submit documentation required by the control authority
to determine the compliance status of the industrial user.
(b) The reports must be based on sampling and
analysis performed in the period covered by the report, and are subject to the
same requirements specified in paragraphs (6)(d) and (e), above. The sampling
and analysis may be performed by the control authority in lieu of the
significant non-categorical industrial user and is subject to the same
requirements specified in paragraphs (6)(d) and (e), above, except when the
Department is acting as the control authority. Where the control authority
itself collects all the information required for the report, the significant
non-categorical industrial user shall not be required to submit the report. All
laboratory analytical reports prepared by the industrial user or the control
authority shall comply with Rule
62-160.340,
F.A.C.
(8) Annual control
authority reports. Control authorities shall provide the Department with a
report that briefly describes the control authority's program activities,
including activities of all participating agencies if more than one
jurisdiction is involved in the pretreatment program. The report shall be
submitted no later than one year after approval of the pretreatment program,
and at least annually thereafter as specified in the WWF's permit, and shall
include at a minimum, the following:
(a) An
updated list of the WWF's industrial users, including their names and
addresses, or a list of deletions and additions keyed to a previously submitted
list. The control authority shall provide a brief explanation of each deletion.
This list shall identify which industrial users are subject to categorical
pretreatment standards and specify which standards are applicable to each
industrial user. The list shall indicate which industrial users are subject to
local standards that are more stringent than the categorical pretreatment
standards. The control authority shall also list the industrial users that are
subject only to the local requirements. The list must also identify industrial
users subject to categorical pretreatment standards that are subject to reduced
reporting requirements under paragraph (4)(d), above, and identify which
industrial users are non-significant categorical industrial users.
(b) A summary of the status of industrial
user compliance over the reporting period;
(c) A summary of compliance and enforcement
activities (including inspections) conducted by the control authority during
the reporting period;
(d) A summary
of changes to the control authority's pretreatment program that have not been
previously reported to the Department;
(e) A summary of analytical results of the
influent and effluent for each WWF covered by the pretreatment program for
those conventional pollutants that are identified under 40 C.F.R. Part 401.16, as of July 1, 2009, hereby adopted and incorporated by reference, and any
additional parameters that are routinely reported according to each WWF
wastewater permit. The analytical summary shall provide monthly averages for
influent, effluent, and the percent removal for each of the the conventional
pollutants;
(f) A summary of all
analytical results of influent and effluent for each WWF covered by the
pretreatment program for those toxic pollutants that have been identified under
40 C.F.R. Part 122, Appendix D, Tables II and III, as of July 1, 2009, hereby
adopted and incorporated by reference, with the exception of acrolein and
acrylonitrile;
(g) A summary of all
analytical results of biosolids for each WWF covered by the pretreatment
program for those pollutants identified under 40 C.F.R. Part 503.13, ("Land
Application: Pollutant Limits" codified as of July 1, 2020, which is hereby
adopted and incorporated by reference
http://www.flrules.org/Gateway/reference.asp?No=Ref-13622).
A copy of this document may be obtained by contacting the Wastewater Management
Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399; and,
(h) A summary of analytical
results of influent and effluent for each WWF covered by the pretreatment
program for those nonpriority pollutants which the permittee believes may be
causing or contributing to interference, pass though or adversely impacting
biosolids quality.
(9)
Notification of changed discharge. All industrial users shall promptly notify
the control authority, (and the public utility if the public utility is not the
control authority) in advance of any change in the volume or character of
pollutants in their discharge that may result in pass through or interference
at the WWF, including the listed or characteristic hazardous wastes for which
the industrial user has submitted initial notification under subsection (15),
below.
(10) Compliance schedule for
control authorities. The following conditions and reporting requirements shall
apply to the compliance schedule for development of a pretreatment program
required by Rule 62-625.500, F.A.C.:
(a) The schedule shall contain increments of
progress in the form of dates for the commencement and completion of major
events leading to the development and implementation of a pretreatment program
(e.g., acquiring required authority, developing funding mechanisms, acquiring
equipment);
(b) No increment
referred to in paragraph (a) above shall exceed 9 months; and,
(c) Within 14 days following each date in the
schedule and the final date for compliance, the control authority shall submit
a progress report to the Department including, at a minimum, whether or not it
complied with the increment of progress to be met on such date and, if not, the
date on which it expects to comply with this increment of progress, the reason
for delay, and the steps taken by the control authority to return to the
schedule established. In no event shall more than 9 months elapse between such
progress reports to the Department.
(11) Signatory requirements for industrial
user reports. The reports required by subsections (1), (3), (4), and (7),
above, shall include the certification statement as set forth in subparagraph
62-625.410(2)(b)
2., F.A.C., and shall be signed as follows:
(a) By a responsible corporate officer, if
the industrial user submitting the reports required by subsections (1), (3),
(4), and (7), above, is a corporation;
(b) By a general partner or proprietor, if
the industrial user submitting the reports required by subsections (1), (3),
(4), and (7), above, is a partnership or sole proprietorship
respectively;
(c) By a duly
authorized representative of the individual designated in paragraph (a) or (b),
above if:
1. The authorization is made in
writing by the individual described in paragraph (a) or (b), above;
2. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
facility from which the discharge originates, (such as the position of plant
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 the control authority,
(d) If an authorization
under paragraph (c), above, 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), above, must
be submitted to the control authority prior to or together with any reports to
be signed by an authorized representative; or
(e) By a duly authorized municipal official,
if the industrial user submitting the reports required in subsections (1), (3),
(4), and (7), above, is a municipal department.
(12) Signatory requirements for control
authority reports. Reports submitted to the Department by the control authority
in accordance with subsection (8), above, must be signed by a principal
executive officer, ranking elected official, or other duly authorized employee.
The duly authorized employee must be an individual or position having
responsibility for the overall operation of the WWF or the pretreatment
program. This authorization must be made in writing by the principal executive
officer or ranking elected official, and submitted to the Department prior to
or together with the report being submitted.
(13) Provisions governing fraud and false
statements. Any person, including a responsible corporate officer, submitting
or maintaining reports and other documents required under this chapter shall be
subject to the civil and criminal penalties of Section
403.161, F.S., for any
falsification described in that section.
(14) Record-keeping requirements.
(a) Any industrial user and control authority
subject to the reporting requirements established in this chapter shall
maintain records of all information resulting from any monitoring activities
required by this chapter, including documentation associated with best
management practices. All sampling and analysis activities shall be subject to
the record-keeping requirements specified in Chapter 62-160, F.A.C.
(b) Any industrial user or control authority
subject to the reporting requirements established in this chapter, including
documentation associated with best management practices, shall be required to
retain for a minimum of 3 years any records of monitoring activities and
results (whether or not such monitoring activities are required by this
chapter) and shall make such records available for inspection and copying by
the Department (and control authority in the case of an industrial user). This
period of retention shall be extended during the course of any unresolved
litigation regarding the industrial user or control authority.
(c) Any control authority to which reports
are submitted by an industrial user in accordance with subsections (1), (3),
(4) and (7), above, shall retain such reports for a minimum of 3 years and
shall make such reports available for inspection and copying by the Department.
This period of retention shall be extended during the course of any unresolved
litigation regarding the discharge of pollutants by the industrial user or the
operation of the pretreatment program.
(d) The control authority must retain
documentation to support the control authority's determination that a specific
industrial user qualifies for reduced reporting requirements under paragraph
(4)(d), above, for a period of 3 years after the expiration of the term of the
control mechanism.
(15)
Provisions governing hazardous waste.
(a) The
industrial user shall notify the control authority and the Department's
hazardous waste and pretreatment authorities in writing of any discharge into
the WWF of a substance which, if otherwise disposed of, would be hazardous
waste under Chapter 62-730, F.A.C. Such notification must include the name of
the hazardous waste, the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other). If the industrial user discharges more than 100
kilograms of such waste per calendar month to the WWF, the notification shall
also contain the following information to the extent such information is known
and readily available to the industrial user:
1. An identification of the hazardous
constituents contained in the wastes;
2. An estimation of the mass and
concentration of such constituents in the waste stream discharged during that
calendar month; and,
3. An
estimation of the mass of constituents in the waste stream expected to be
discharged during the following 12 months.
Industrial users who commence discharging after the effective date of this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under subsection (9), above. The notification requirement in this subsection does not apply to pollutants already reported under the self-monitoring requirements of subsections (1), (3), and (4), above.
(b)
Discharges are exempt from the requirements of paragraph (a), above, during a
calendar month in which they discharge no more than fifteen kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in
Chapter 62-730, F.A.C. Discharge of more than fifteen kilograms of non-acute
hazardous wastes in a calendar month, or of any quantity of acute hazardous
wastes as specified in Chapter 62-730, F.A.C., requires a one-time
notification. Subsequent months during which the industrial user discharges
more than such quantities of any hazardous waste do not require additional
notification.
(c) In the case of
any new Department regulations identifying additional characteristics of
hazardous waste or listing any additional substance as a hazardous waste, the
industrial user must notify the control authority and the Department's
hazardous waste and pretreatment authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
(d) In the case of any notification made
under this subsection, the industrial user shall certify that it has a program
in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
(16) All control authorities shall provide to
the Department a written technical evaluation regarding the need to revise
local limits. At a minimum, the evaluation shall be provided within 180 days
following permit issuance or reissuance. All control authorities covered under
a permit with a ten year duration shall also provide an evaluation within 180
days of the five year aniversary of the permit issuance or reissuance. The
evaluation shall verify whether existing local limits protect the WWF, and if
not, shall develop new local limits as part of the evaluation. For new local
limits, a plan of study shall be submitted to the Department prior to
initiating sampling required to develop the new local limit.
(17) Annual certification by non-significant
categorical industrial users. An industrial user determined to be a
non-significant categorical industrial user in accordance with paragraph
62-625.200(25)(c),
F.A.C., must annually submit the following certification statement, signed in
accordance with the signatory requirements in subsection (11), above. The
certification must accompany any alternative report required by the control
authority: "Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards under 40
C.F.R. [specify applicable national pretreatment standard part(s)], I certify
that, to the best of my knowledge and belief that during the period from
[month, day, year] to [month, day, year]:
(a)
The facility described as [industrial user name] met the definition of a
non-significant categorical industrial user as described in paragraph
62-625.200(25)(c),
F.A.C.;
(b) The facility complied
with all applicable pretreatment standards and requirements during this
reporting 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 upon the following information: [documentation of basis to continue
exemption]."
Notes
Rulemaking Authority 403.061(7), (31), 403.0885, 403.161 FS. Law Implemented 403.0885 FS.
New 11-29-94, Amended 1-8-97, 5-10-10, 10-20-21.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Baseline Report for industrial users upon effective date of categorical pretreatment standard. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination request under paragraph 62-625.410(2)(d), F.A.C., whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to, or scheduled to discharge to a WWF shall submit to the control authority a report which contains the information listed in paragraphs (a)-(g), below. At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the control authority a report which contains the information listed in paragraphs (a)-(e), below. New sources shall include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in paragraphs (d) and (e), below.
(a) Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.
(b) Permits. The industrial user shall submit a list of any pollution control permits held by or for the facility.
(c) Description of operations. The industrial user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification (SIC) codes of the operations carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge to the WWF from the regulated processes.
(d) Flow measurement. The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the WWF from each of the following:
1. Regulated process streams; and,
2. Other streams as necessary to allow use of the combined waste stream formula of subsection 62-625.410(6), F.A.C. The control authority shall allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(e) Measurement of pollutants.
1. The industrial user shall identify the pretreatment standards applicable to each regulated process.
2. In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the pretreatment standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. 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 the control authority or the applicable standards to determine compliance with the standard.
3. The industrial user shall take a minimum of one representative sample to demonstrate data is in compliance with these requirements.
4. Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of subsection 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with subsection 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the control authority.
5. All activities related to sampling and analysis shall comply with paragraphs (6)(d) and (e), and Chapter 62-160, F.A.C.
a. Sampling activities shall be performed according to procedures specified in "The Department of Environmental Protection Standard Operating Procedures for Field Activities, " DEP-SOP-001/01, January 2017, adopted and incorporated by reference in paragraph 62-160.800(1)(a), F.A.C. A copy of this document made be obtained from the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
b. Analytical tests shall be performed in accordance with applicable test procedures identified in 40 C.F.R. Part 136, as of July 1, 2009, hereby adopted and incorporated by reference. If a test for a specific component is not listed in 40 C.F.R. Part 136, or if the test procedure has been determined to be inappropriate for the analyte in question (e.g., insufficient sensitivity) the laboratory, with the approval of the industrial user and control authority, shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160.330, F.A.C.
c. If a sampling procedure is not available or none of the approved procedures are appropriate for collecting the samples, the sampling organization, with the approval of the industrial user and control authority, shall identify and propose a method for use in accordance with Rule 62-160.220, F.A.C.
6. The industrial user may submit a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
7. The baseline report shall indicate the time, date and place, of sampling; methods of analysis; and test results for each component and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF.
(f) Certification. A statement, reviewed by an authorized representative of the industrial user indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O & M) or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
(g) Compliance schedule. If additional pretreatment or O & M will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or O & M as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
1. If the categorical pretreatment standard has been modified by the combined waste stream formula in accordance with subsection 62-625.410(6), F.A.C., a removal credit in accordance with Rule 62-625.420, F.A.C., or a fundamentally different factor variance in accordance with Rule 62-625.700, F.A.C., at the time the industrial user submits the report required by this subsection, the information requested in paragraphs (f) and (g), of this subsection, shall pertain to the modified limits.
2. If the categorical pretreatment standard is modified by the combined waste stream formula, a removal credit, or a fundamentally different factor variance after the industrial user submits the report required by this subsection, any necessary amendment to the information requested in paragraphs (f) and (g), of this subsection, shall be submitted by the industrial user to the control authority within 60 days after the modified limit is approved.
(2) Compliance schedule and progress reports for meeting categorical pretreatment standards. The following conditions shall apply to the compliance schedule required by paragraph (1)(g), above:
(a) The schedule shall contain increments of progress 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 industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).
(b) No increment referred to in paragraph (a), above, shall exceed 9 months.
(c) Within 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the control authority.
(3) Final report 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 WWF, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in paragraphs (1)(d)-(f), above. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in subsection 62-625.410(4), F.A.C., this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial 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 industrial user's actual production during the appropriate sampling period.
(4) Periodic reports on continued compliance.
(a) Any industrial user subject to a categorical pretreatment standard, except a non-significant categorical industrial user, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the WWF, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority in accordance with paragraphs (6)(c), (d), and (e), below, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in paragraph (1)(d), above, except that the control authority shall require more detailed reporting of flows if necessary to comply with the requirements of this rule. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the industrial user. The industrial user may request submission of the above reports in months other than June and December if, based on such factors as local high or low flow rates, holidays, or budget cycles, the alternate dates more accurately represent actual operating conditions.
(b) The control authority may authorize the industrial user subject to a categorical pretreatment standard to waive sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user demonstrates the following through sampling and other technical factors:
1. The pollutant is neither present nor expected to be present in the discharge, or the pollutant is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user; and,
2. The 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.
(c) This authorization of the monitoring waiver is subject to the following conditions and does not supersede certification processes and requirements established in categorical pretreatment standards, except as specified in the categorical pretreatment standard:
1. 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 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
2. 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. 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 method detection limit for that pollutant was used in the analysis.
3. The request for a monitoring waiver must be signed in accordance with subsection (11), below, and include the certification statement found in subparagraph 62-625.410(2)(b) 2., F.A.C.
4. 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 3 years after expiration of the waiver.
5. 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 C.F.R. [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."
6. 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.
(d) The control authority may reduce the requirement in paragraph (4)(a), above, to a requirement 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:
1. The industrial user's total categorical wastewater flow does not:
a. Exceed 0.01 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;
b. Exceed 0.01 percent of the design dry weather organic treatment capacity of the WWF; and,
c. 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.
2. The industrial user has not been in significant noncompliance in the past two years; and,
3. 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 pursuant to paragraph (6)(c), below.
(e) The industrial user must notify the control authority immediately of any changes at its facility causing it to no longer meet conditions of subparagraph (4)(d)1. or (4)(d)2., above. Upon notification, the industrial user must immediately begin complying with the minimum reporting in paragraph (4)(a), above.
(f) Where the control authority has imposed mass limitations on industrial users as provided for by subsection 62-625.410(5), F.A.C., the report required by paragraph (a), above, shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(g) For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in subsection 62-625.410(4), F.A.C., the report required by paragraph (a), above, shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by paragraph (a), above, shall include the industrial user's actual average production rate for the reporting period.
(5) Notice of potential problems, including slug discharges. All categorical and significant noncategorical industrial users shall notify the control authority and WWF immediately of all discharges that could cause problems to the WWF, including any slug discharges and prohibited discharges, as defined by subsection 62-625.400(2), F.A.C.
(6) Monitoring and analysis to demonstrate continued compliance.
(a) Except in the case of non-significant categorical industrial users, the reports required in subsections (1), (3), and (4), above, shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user, except when the Department is acting as the control authority. Where the control authority performs the required sampling and analysis in lieu of the industrial user, the industrial user shall not be required to submit the compliance certification required under paragraph (1)(f) and subsection (3), above. In addition, where the control authority itself collects all the information required for the report, including flow data, the industrial user shall not be required to submit the report. All laboratory analytical reports prepared by the industrial user or the control authority shall comply with Rule 62-160.340, F.A.C.
(b) If sampling performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:
1. The control authority performs sampling at the industrial user at a frequency of at least once per month; or
2. The control authority performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the control authority receives the results of the sampling.
(c) The reports required in subsections (1), (3), (4) and (7), shall be based upon data obtained through sampling and analysis performed during the period covered by the report. These data shall be representative of conditions occurring during the reporting period. The control authority shall require a frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(d) For all sampling required by this chapter, grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the sample must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility. Using protocols (including appropriate preservation) specified in Chapter 62-160, F.A.C., and DEP-SOP-001/01, multiple grabs collected during a 24-hour period may be composited prior to analysis as follows:
1. Samples for cyanide, total phenols, and sulfides may be composited in the laboratory or in the field;
2. Samples for volatile organics and oil and grease may be composited in the laboratory; and,
3. Composite samples for other parameters unaffected by the compositing procedures as allowed in the Department's approved sampling procedures and laboratory methodologies may be authorized by the control authority, as appropriate.
(e) Oil and grease samples shall be collected in accordance with paragraph (6)(d), above, unless the sampling location or point cannot be physically accessed to perform a direct collection of a grab sample. In these instances, the sample shall be pumped from the sampling location or point into the sample container using a peristaltic-type pump. All pump tubing used for sample collection must be new or pre-cleaned and must be changed between sample containers and sample points. The pump tubing shall not be pre-rinsed or flushed with sample prior to collecting the sample. The report of analysis shall indicate that a peristaltic pump was used to collect the oil and grease sample.
(f) Sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (1) and (3), above, shall be conducted as follows:
1. For industrial users where historical sampling data do not exist, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds.
2. For industrial users where historical sampling data are available, the control authority may authorize a lower minimum.
(g) For the reports required by subsections (4) and (7), the control authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(h) If an industrial user subject to the reporting requirement in subsection (4) or (7), monitors any regulated pollutant at the appropriate monitoring location more frequently than required by the control authority, using the procedures required by paragraph (6)(d), above, the results of this monitoring shall be included in the report.
(7) Reporting requirements for industrial users not subject to categorical pretreatment standards.
(a) The control authority must require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users must submit to the control authority at least once every six months (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the industrial user must submit documentation required by the control authority to determine the compliance status of the industrial user.
(b) The reports must be based on sampling and analysis performed in the period covered by the report, and are subject to the same requirements specified in paragraphs (6)(d) and (e), above. The sampling and analysis may be performed by the control authority in lieu of the significant non-categorical industrial user and is subject to the same requirements specified in paragraphs (6)(d) and (e), above, except when the Department is acting as the control authority. Where the control authority itself collects all the information required for the report, the significant non-categorical industrial user shall not be required to submit the report. All laboratory analytical reports prepared by the industrial user or the control authority shall comply with Rule 62-160.340, F.A.C.
(8) Annual control authority reports. Control authorities shall provide the Department with a report that briefly describes the control authority's program activities, including activities of all participating agencies if more than one jurisdiction is involved in the pretreatment program. The report shall be submitted no later than one year after approval of the pretreatment program, and at least annually thereafter as specified in the WWF's permit, and shall include at a minimum, the following:
(a) An updated list of the WWF's industrial users, including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The control authority shall provide a brief explanation of each deletion. This list shall identify which industrial users are subject to categorical pretreatment standards and specify which standards are applicable to each industrial user. The list shall indicate which industrial users are subject to local standards that are more stringent than the categorical pretreatment standards. The control authority shall also list the industrial users that are subject only to the local requirements. The list must also identify industrial users subject to categorical pretreatment standards that are subject to reduced reporting requirements under paragraph (4)(d), above, and identify which industrial users are non-significant categorical industrial users.
(b) A summary of the status of industrial user compliance over the reporting period;
(c) A summary of compliance and enforcement activities (including inspections) conducted by the control authority during the reporting period;
(d) A summary of changes to the control authority's pretreatment program that have not been previously reported to the Department;
(e) A summary of analytical results of the influent and effluent for each WWF covered by the pretreatment program for those conventional pollutants that are identified under 40 C.F.R. Part 401.16, as of July 1, 2009, hereby adopted and incorporated by reference, and any additional parameters that are routinely reported according to each WWF wastewater permit. The analytical summary shall provide monthly averages for influent, effluent, and the percent removal for each of the the conventional pollutants;
(f) A summary of all analytical results of influent and effluent for each WWF covered by the pretreatment program for those toxic pollutants that have been identified under 40 C.F.R. Part 122, Appendix D, Tables II and III, as of July 1, 2009, hereby adopted and incorporated by reference, with the exception of acrolein and acrylonitrile;
(g) A summary of all analytical results of biosolids for each WWF covered by the pretreatment program for those pollutants identified under 40 C.F.R. Part 503.13, ("Land Application: Pollutant Limits" codified as of July 1, 2020, which is hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13622). A copy of this document may be obtained by contacting the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399; and,
(h) A summary of analytical results of influent and effluent for each WWF covered by the pretreatment program for those nonpriority pollutants which the permittee believes may be causing or contributing to interference, pass though or adversely impacting biosolids quality.
(9) Notification of changed discharge. All industrial users shall promptly notify the control authority, (and the public utility if the public utility is not the control authority) in advance of any change in the volume or character of pollutants in their discharge that may result in pass through or interference at the WWF, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection (15), below.
(10) Compliance schedule for control authorities. The following conditions and reporting requirements shall apply to the compliance schedule for development of a pretreatment program required by Rule 62-625.500, F.A.C.:
(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the development and implementation of a pretreatment program (e.g., acquiring required authority, developing funding mechanisms, acquiring equipment);
(b) No increment referred to in paragraph (a) above shall exceed 9 months; and,
(c) Within 14 days following each date in the schedule and the final date for compliance, the control authority shall submit a progress report to the Department including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps taken by the control authority to return to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Department.
(11) Signatory requirements for industrial user reports. The reports required by subsections (1), (3), (4), and (7), above, shall include the certification statement as set forth in subparagraph 62-625.410(2)(b) 2., F.A.C., and shall be signed as follows:
(a) By a responsible corporate officer, if the industrial user submitting the reports required by subsections (1), (3), (4), and (7), above, is a corporation;
(b) By a general partner or proprietor, if the industrial user submitting the reports required by subsections (1), (3), (4), and (7), above, is a partnership or sole proprietorship respectively;
(c) By a duly authorized representative of the individual designated in paragraph (a) or (b), above if:
1. The authorization is made in writing by the individual described in paragraph (a) or (b), above;
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, (such as the position of plant 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 the control authority,
(d) If an authorization under paragraph (c), above, 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), above, must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative; or
(e) By a duly authorized municipal official, if the industrial user submitting the reports required in subsections (1), (3), (4), and (7), above, is a municipal department.
(12) Signatory requirements for control authority reports. Reports submitted to the Department by the control authority in accordance with subsection (8), above, must be signed by a principal executive officer, ranking elected official, or other duly authorized employee. The duly authorized employee must be an individual or position having responsibility for the overall operation of the WWF or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the Department prior to or together with the report being submitted.
(13) Provisions governing fraud and false statements. Any person, including a responsible corporate officer, submitting or maintaining reports and other documents required under this chapter shall be subject to the civil and criminal penalties of Section 403.161, F.S., for any falsification described in that section.
(14) Record-keeping requirements.
(a) Any industrial user and control authority subject to the reporting requirements established in this chapter shall maintain records of all information resulting from any monitoring activities required by this chapter, including documentation associated with best management practices. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C.
(b) Any industrial user or control authority subject to the reporting requirements established in this chapter, including documentation associated with best management practices, shall be required to retain for a minimum of 3 years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the Department (and control authority in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or control authority.
(c) Any control authority to which reports are submitted by an industrial user in accordance with subsections (1), (3), (4) and (7), above, shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the Department. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the pretreatment program.
(d) The control authority must retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements under paragraph (4)(d), above, for a period of 3 years after the expiration of the term of the control mechanism.
(15) Provisions governing hazardous waste.
(a) The industrial user shall notify the control authority and the Department's hazardous waste and pretreatment authorities in writing of any discharge into the WWF of a substance which, if otherwise disposed of, would be hazardous waste under Chapter 62-730, F.A.C. Such notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the WWF, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:
1. An identification of the hazardous constituents contained in the wastes;
2. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and,
3. An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
Industrial users who commence discharging after the effective date of this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under subsection (9), above. The notification requirement in this subsection does not apply to pollutants already reported under the self-monitoring requirements of subsections (1), (3), and (4), above.
(b) Discharges are exempt from the requirements of paragraph (a), above, during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in Chapter 62-730, F.A.C. Discharge of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Chapter 62-730, F.A.C., requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(c) In the case of any new Department regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the control authority and the Department's hazardous waste and pretreatment authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(d) In the case of any notification made under this subsection, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(16) All control authorities shall provide to the Department a written technical evaluation regarding the need to revise local limits. At a minimum, the evaluation shall be provided within 180 days following permit issuance or reissuance. All control authorities covered under a permit with a ten year duration shall also provide an evaluation within 180 days of the five year aniversary of the permit issuance or reissuance. The evaluation shall verify whether existing local limits protect the WWF, and if not, shall develop new local limits as part of the evaluation. For new local limits, a plan of study shall be submitted to the Department prior to initiating sampling required to develop the new local limit.
(17) Annual certification by non-significant categorical industrial users. An industrial user determined to be a non-significant categorical industrial user in accordance with paragraph 62-625.200(25)(c), F.A.C., must annually submit the following certification statement, signed in accordance with the signatory requirements in subsection (11), above. The certification must accompany any alternative report required by the control authority: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]:
(a) The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as described in paragraph 62-625.200(25)(c), F.A.C.;
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting 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 upon the following information: [documentation of basis to continue exemption]."
Notes
Rulemaking Authority 403.061(7), (31), 403.0885, 403.161 FS. Law Implemented 403.0885 FS.
New 11-29-94, Amended 1-8-97, 5-10-10, 10-20-21.