Guidance for Submitting a 90-Day Compliance Report
This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.

Form #: 19-010 Guidance Documents Revised: 7/17/19

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 a publicly owned treatment works (POTW), any Industrial User subject to Pretreatment Standards and Requirements shall submit to the Department a report containing the information listed below as specified in 40 CFR Part 403.12(d).
  1. The name and address of the Industrial User;
  2. A description of the location of the Industrial User’s treatment system and the point of entrance into the POTW;
  3. A description of the Industrial User’s existing water pollution control facility;
  4. A schematic flow diagram of the Industrial user’s water system including water supply, process wastewater systems, and points of discharge;
  5. A list of any environmental control permits held by or for the facility;
  6. A description of the operations carried out by the Industrial User, the average rate of production, and Standard Industrial Classification of the operation carried out by such Industrial User;
  7. The measured average and maximum flow of the discharge from such Industrial User to the POTW in gallons per day, or the average and maximum flow of the discharge as estimated by verifiable techniques;
  8. The nature, concentration, and mass of pollutants in the discharge from each regulated process from the Industrial User and identification of the applicable Categorical Standards and Requirements. The concentration and mass shall be reported as a maximum or average level as provided for in the applicable Categorical Standard. If an equivalent concentration limit has been calculated in accordance with Chapter 26, this adjusted concentration limit shall also be submitted;
  9. If a permittee is sampling for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds, a minimum of four (4) grab samples is required in order to quantify results;
  10. Report the existence of any technical evaluation concerning the facilities wastewater treatment, along with the name and location of similar plants of which the facility has knowledge;
  11. Any optional information the permittee wished to have considered;
  12. A statement, reviewed by an authorized representative of the Industrial User and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operations and maintenance and/or additional pretreatment is required for the Industrial User to meet the pretreatment standards and requirements;
  13. The report must have the signature of certifying official following the requirements in NDEE Title 119, Chapter 13.