1. Each categorical industrial user shall submit a complete baseline monitoring report to the control authority.

a. The baseline monitoring report shall be submitted on the appropriate baseline monitoring reporting form, in accordance with 40 CFR 403.12(b).

In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine with the standard.

Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority.

b. For existing industrial users, the report shall be due one hundred eighty days after the effective date of the applicable categorical pretreatment standard or the final administrative decision made upon a category determination submission, whichever is later.

c. For new sources and sources that become industrial users after the promulgation of an applicable categorical pretreatment standard, the report shall be due ninety days prior to the commencement of the indirect discharge.

2. If a baseline monitoring report contains a compliance schedule for meeting categorical pretreatment standards, the industrial user shall submit compliance schedule progress reports to the control authority. 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, etc.). No increment of the compliance schedule shall exceed nine months.

a. Each compliance schedule progress report shall be due fourteen days after the applicable progress date in the compliance schedule.

b. Each compliance schedule progress report shall include:

(1) A statement whether the user achieved the scheduled action on the applicable date; and

(2) If the user has not achieved the scheduled action, the date on which the user expects to achieve the action, the reason for delay, and the steps being taken to return the construction to the established schedule.

c. In no case shall more than nine months elapse between compliance schedule progress report submittals.

3. Each categorical industrial user shall submit to the control authority a complete ninety-day compliance report for each applicable pretreatment standard, in accordance with 40 CFR 403.12(d). For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the 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 user's actual production during the appropriate sampling period.

a. For facilities covered when the department is the control authority, each ninety-day compliance report shall be submitted on a ninety-day compliance reporting form, which can be obtained from the department.

b. For existing industrial users, each report shall be due ninety days after the date for final compliance with the applicable categorical pretreatment standard.

c. For new sources and sources that become industrial users after the date for final compliance with the applicable categorical pretreatment standard, each report shall be due thirty days after commencement of the indirect discharge.

4. Each categorical industrial user shall submit complete periodic compliance reports to the control authority.

a. Periodic compliance reports submitted to the department shall be submitted on a periodic compliance reporting form, which will be supplied to the user by the department. If the publicly owned treatment works is the control authority, periodic compliance reports shall require, at a minimum, the data listed in 40 CFR part 403.12(e) and part 403.12(g).

(1) In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance of the user.

(2) The control authority may authorize the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be

present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

1. (a) The control authority may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
2. (b) 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 five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
3. (c) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance with subsection 12 and include the certification statement in 40 CFR 403.6(a)(2)(ii). Nondetectable sample results may only be used as a demonstration that a pollutant is not present if the environmental protection agency-approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

1. (d) Any grant of the monitoring waiver by the control authority must be included as a condition in the user's control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.
2. (e) Upon approval of the monitoring waiver and revision of the user's control mechanism by the control authority, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard 40 CFR _____ [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1).

1. (f) 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 user's operations, the user must immediately comply with the monitoring requirements of this subdivision or other more frequent monitoring requirements imposed by the control authority and notify the control authority.
2. (g) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard. (3) The control authority may reduce the requirement in this subdivision to a requirement to report no less frequently than once a year, unless required more

frequently in the pretreatment standard or by the approval authority, where the industrial user meets all of the following conditions:

1. (a) The industrial user's total categorical wastewater flow does not exceed any of the following:
2. [1] 0.01 percent of the design dry weather hydraulic capacity of the publicly owned treatment works, or five thousand gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
3. [2] 0.01 percent of the design dry weather organic treatment capacity of the publicly owned treatment works; and
4. [3] 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 by a publicly owned treatment works in accordance with subsections 1 through 5 of section 33.1-16-01.1-03;
5. (b) The industrial user has not been in significant noncompliance, as defined in appendix A procedure 7, for any time in the past two years;
6. (c) 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 this subdivision;
7. (d) The industrial user must notify the control authority immediately of any changes at its facility causing it to no longer meet conditions of subparagraph a or b of this paragraph. Upon notification, the industrial user must immediately begin complying with the minimum reporting in this subdivision; and
8. (e) The control authority must retain documentation to support the control authority's determination that a specific industrial user qualifies for reduced reporting requirements under this paragraph for a period of three years after the expiration of the term of the control mechanism.(4) For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c), the report required by this subdivision must contain a reasonable measure of the 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 this subdivision must include the user's actual average production rate for the reporting period.- b. Periodic compliance reports shall be submitted in accordance with a reporting schedule prescribed by the control authority. Reporting schedules shall be consistent with any applicable pretreatment standard requirements. In no case shall the reporting frequency be less than twice per year.5. Each industrial user shall notify the publicly owned treatment works immediately of all discharges that could cause problems to the publicly owned treatment works, including any slug loadings.

6. 40 CFR 403.12(p), which concerns hazardous waste notification, is incorporated into this chapter by reference.

7. All industrial users shall promptly notify the control authority and the publicly owned treatment works in advance of any substantial change in the volume or characteristic of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under subsection 6.

8. The indirect discharge from each industrial user shall be sampled and analyzed in accordance with a monitoring schedule prescribed by the control authority. The monitoring schedule shall be adequate to allow assessment of the indirect discharge. All analyses shall be performed in accordance with the procedures contained in 40 CFR 136 or with any other test procedure approved by the administrator of the environmental protection agency.

9. Each noncategorical significant industrial user of a publicly owned treatment works which administers an approved pretreatment program shall submit to the publicly owned treatment works, at least semiannually, on dates specified by the publicly owned treatment works, a description of the discharge, including self-monitoring results as required by the publicly owned treatment works. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the control authority to determine the compliance status of the user.

10. Annual certification by nonsignificant categorical industrial users. A facility determined to be a nonsignificant categorical industrial user pursuant to 40 CFR 403.3(v)(2) must annually submit the following certification statement, signed in accordance with the signatory requirements in subsection 12. This 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 CFR _, I certify that, to the best of my knowledge and belief that during the period from _ to ____ [months, days, year]:

a. The facility described as [facility name] met the definition of a nonsignificant categorical industrial user as described in 40 CFR 403.3(v)(2); b. The facility complied with all applicable pretreatment standards and requirements during this reporting period; and c. The facility never discharged more than one hundred gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based upon the following information: [Insert the information].

11. The control authority that chooses to receive electronic documents must satisfy the requirements of 40 CFR part 3 (electronic reporting).

12. Signatory requirements for industrial user reports. The reports required in this chapter must include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and must be signed as follows: a. By a responsible corporate officer, if the industrial user submitting the reports is a corporation, including a limited liability company. A responsible corporate officer means:

(1) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policymaking or decisionmaking functions for the corporation; or

(2) The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b. By a general partner or proprietor if the user submitting the reports is a partnership, or sole proprietorship respectively.

c. By a duly authorized representative of the individual designated in subdivision a or b if:

(1) The authorization is made in writing by the authorized representative defined in this section;

(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, 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 of this section is no longer accurate because a different individual or position has responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.

History: Effective January 1, 2019.

General Authority: NDCC 61-28-04, 61-28-05; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 61-28-04