Section 310.605 Periodic Reports on Compliance

Section 310

Section 310.605  Periodic

Reports on Compliance

a)         After the compliance date of a pretreatment standard, or, in

the case of a new source, after commencement of the discharge into the POTW, any

industrial user subject to a categorical pretreatment standard (except a

non-significant categorical user, as defined in Section 310.110) must submit to

the Control Authority a report indicating the nature and concentration of

pollutants in the effluent that are limited by the categorical pretreatment

standards.  The industrial user must submit the report in June and December

unless the Control Authority or the pretreatment standard requires more frequent

reporting.  In addition, this report must include a record of measured or

estimated average and maximum daily flows for the reporting period for the

discharge reported in Section 310.602(d), except that the Control Authority may

require more detailed reporting of flows.  If the pretreatment standard

requires compliance with a best management practice (or pollution prevention

alternative), the industrial user must submit documentation required by the

Control Authority or the pretreatment standard necessary to determine the

compliance status of the industrial user.  In consideration of such factors as

local high or low flow rates, holidays, budget cycles, etc., the Control

Authority may alter the months during which the reports required by this

subsection (a) are to be submitted.  For an industrial user for which USEPA or

the Agency is the Control Authority, as of December 21, 2025 or a

USEPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all reports

submitted in compliance with this Subpart F must be submitted electronically by

the industrial user to the Control Authority or initial recipient, as defined

in Section 310.106(b)(2), in compliance with this Subpart F and Section

310.106

which USEPA or

the Agency is the Control Authority, as of December 21, 2025 or a

USEPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all reports

submitted in compliance with this Subpart F must be submitted electronically by

the industrial user to the Control Authority or initial recipient, as defined

in Section 310.106(b)(2), in compliance with this Subpart F and Section

310.106.

b)         The

Control Authority must authorize the industrial user subject to a categorical

pretreatment standard to forego sampling of a pollutant regulated by a categorical

pretreatment standard if it determines that 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 that 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.  This

authorization is subject to the following conditions:

1)         The

Control Authority may authorize a waiver only if it determines that a pollutant

is present solely due to sanitary wastewater discharged from the facility, the

sanitary wastewater is not regulated by an applicable categorical standard, and

the sanitary wastewater otherwise includes no process wastewater;

2)         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 industrial user must submit a new request for the waiver

before the waiver can be granted for each subsequent control mechanism;

3)         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

ser must submit a new request for the waiver

before the waiver can be granted for each subsequent control mechanism;

3)         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 Section 310.631 and include

the certification statement in Section 310.221(b)(2).  Non-detectable sample

results may only be used as a demonstration that a pollutant is not present

only if the USEPA-approved method from 40 CFR 136, incorporated by reference in

Section 310.107, with the lowest minimum detection level for that pollutant was

used in the analysis;

4)         Any

grant of a monitoring waiver by the Control Authority must be included as a

condition in the industrial user's control mechanism.  The reasons supporting

the waiver and any information submitted by the industrial user in its request

for the waiver must be maintained by the Control Authority for three years

after the 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 on each

report with the statement below, that there has been no increase in the

pollutant in its wastestream due to activities of the industrial user:

Based on my inquiry of the person

or persons directly responsible for managing compliance with the pretreatment

standard for Subpart [Subpart number of the applicable national pretreatment

standard] of 35 Ill. Adm. Code 307, I certify that, to the best of my knowledge

and belief, there has been no increase in the level of [list pollutants] in the

wastewaters due to the activities at the facility since filing of the last

periodic report under 35 Ill. Adm

ble for managing compliance with the pretreatment

standard for Subpart [Subpart number of the applicable national pretreatment

standard] of 35 Ill. Adm. Code 307, I certify that, to the best of my knowledge

and belief, there has been no increase in the level of [list pollutants] in the

wastewaters due to the activities at the facility since filing of the last

periodic report under 35 Ill. Adm. Code 310.605(a);

6)         If 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 comply with the monitoring requirements of subsection (a) or

other more frequent monitoring requirements imposed by the Control Authority,

and the industrial user must notify the Control Authority; and

7)         This subsection

(b) does not supersede certification processes and requirements established in

categorical pretreatment standards, except as otherwise specified in the

categorical pretreatment standard.

c)         If the Control Authority has imposed mass limitations on

industrial users as provided by Section 310.232, the report required by

subsection (a) must indicate the mass of pollutants regulated by pretreatment

standards in the discharge from the industrial user.

d)         For industrial users subject to equivalent mass or

concentration limits established by the Control Authority in accordance with

the procedures in Section 310.230, the report required by subsection (a) 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 another

measure of operation), the report required by subsection (a) must include the

user's actual average production rate for the reporting period.

BOARD NOTE:

Derived from 40 CFR 403.12(e).