Sec.
23-32a. Use of Wastewater Facilities
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(a) It shall be unlawful for any person to deposit or discharge, or to
cause to be deposited or discharged, to any Village POTW, any solid, liquid or
gaseous waste unless through a connection approved by the Village.
(b) It shall be unlawful to discharge, without an NPDES
permit to any natural outlet within the POTW, or in an area under its
jurisdiction.
(c) It shall be unlawful to discharge trucked or hauled
pollutants to the POTW except at discharge points designated by the POTW: as
per 40 CFR 403.5(b)(8).
Sec.
23-32b. Prohibitive Discharge Standards
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(a) General Prohibitions. No person shall discharge or cause to be
discharged any stormwater, foundation drainwater, groundwater, roof runoff,
surface drainage, cooling waters, or any other unpolluted water to any
sanitary sewer. No User shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater which will interfere with the
operation or performance of the POTW or will Pass Through the POTW.
(b) Specific Prohibitions. The following specific
prohibitions shall apply to all Users of Village POTW whether or not a User is
subject to National Categorical Pretreatment Standards or any other national,
state or local Pretreatment Standards or Requirements. A User may not
contribute the following substances to Village POTW:
(1) Any liquid, solid, or gaseous pollutants
causing toxic gases, vapors, and/or fumes which by reason of their nature or
quantity are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious or hazardous in any
other way to the POTW or to the operation of the POTW as outlined in 40 CFR
403.5(b)(7) of the Code of Federal Regulations. At no time, shall two
successive readings on a meter capable of reading L.E.L. (lower explosive
limit) at a point at the nearest accessible point to the POTW in a sanitary
sewer, at the point of discharge into the POTW, or at any point in the POTW be
more than five percent (5%) nor any single reading greater than ten percent
(10%). Materials for which discharge is prohibited under this subsection
include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates,
perchlorates, bromates, polychlorinated biphenyls, polybrominated biphenyls,
carbides, hydrides, stoddard solvents, and sulfides.
(2) Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interference with the operation of
the wastewater treatment facilities such as, but not limited to: grease,
garbage with particles greater than one-half (1/2) inch in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent limes, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, waste paper, wood, plastics, tar, asphalt residues from
refining or processing of fuel or lubricating oils, mud or glass grinding or
polishing wastes, or tumbling and de-burring stones.
(3) Any wastewater which will cause corrosive
structural damage to POTW, but in no case wastewater having a pH less than 5.0
or in excess of 12.0 as measured in standard units (SU), as
determined by Grab sample, unless more strictly limited
elsewhere in Chapter 23 and/or Federal Pretreatment Standards.
(4) Any wastewater containing incompatible pollutants in
sufficient quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process, constitute a hazard
to humans or animals, cause a violation of the water quality standards of the
receiving waters of the POTW, exceed limitation set forth in a National
Categorical Pretreatment Standard (when effective) or in Section 23-32d. of
this Chapter 23 or create a public nuisance.
(5) Any noxious or malodorous liquids, gases,
or solids which either singly or by interaction with other wastewaters are
sufficient to create a public nuisance or hazard to life or are sufficient to
prevent entry into sewers for their maintenance and repair.
(6) In no case shall a substance discharged to
the POTW cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of the Act;
any criteria guidelines or regulations affecting sludge use or disposal
developed pursuant to the RCRA, DDS, PIRT, SWDA, the Clean Water Act, the
Toxic Substances Control Act, or State criteria applicable to the sludge
management method being used.
(7) Any substance which will cause the POTW to
violate its NPDES Permit or the receiving water quality standards.
(8) Any wastewater having a temperature at the
point of discharge to the POTW which will inhibit biological activity in the
POTW treatment plant resulting in interference; in no case shall wastewater be
introduced to the POTW which exceeds 65 degrees C (149 degrees F) or which
exceeds 40 degrees C (104 degrees F) at the POTW treatment plant.
(9) Any pollutants, including oxygen demanding
pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant
concentration which will cause Interference to the POTW.
(10) Any wastewater containing an radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by State or
Federal regulations.
(11) Petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin in amounts that will cause interference or
pass through 40CFR403.5(b)(6)
(12) Any wastewater containing BOD, total solids,
suspended solids, or ammonia nitrogen of such character and quantity that
unusual attention or expense is required to handle such materials at the
sewage treatment plant. A User may be permitted by specific, written discharge
permit through the Village in which agreement to discharge such BOD, TSS, or
NH3-N may provided using special charges, payments or provisions
for treatment and analysis.
(13) Any discharge exceeding the standards
established in 34 Ill. Adm. Code 307.
(14) Any slug discharged to the POTW as outlined
in Chapter 23, and/or the Code of Federal Regulations, 40 CFR 403.12(F).
(15) Any discharge of materials with a closed cup
flashpoint of less than 140 degrees F as outlined in 40 CFR 403.5(b) using
test methods specified in 40 CFR 261.21.
(16) Wastewater which imparts color which can not
be removed by the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions, which consequently imparts color to the POTW
Effluent.
(17) Sludges, screenings, or other residues from
the pretreatment of industrial wastes.
(18) Wastewater causing, alone or in conjunction
with other sources, the POTW effluent to fail a TCLP, EP TOX, Chronic, Acute,
or other USEPA approved or recognized toxicity test.
(19) Detergents, surface-active agents, or other
substances, which may cause excessive foaming in the POTW.
(20) For companies not regulated by Categorical
Pretreatment Standards for organics, the Total Toxic Organic standard found in
40CFR433 of 2.13 mg/L shall apply.
(21) Medical Wastes, except as specifically
authorized by the Superintendent in an individual or general wastewater
discharge permit.
Compliance with the
provisions of this Section 23-32b. and/or provisions outlined in 40CFR403.5(a)
and (b) shall be required on the effective date of promulgation of this
Chapter.
Pollutants, substances, or
wastewater prohibited by this section shall not be processed or stored in such
a manner that they could be discharged to the POTW.
Sec.
23-32c. Allocation of Pollutants.
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(A) The total allocation of the pollutants to each existing industry
will be established for the industrial dischargers of each pollutant as the
number of industries is obtained by sampling and analysis, and wastewater
discharge permit applications are received, with specific limitations on
discharges established in the individual or general discharge permits,
consistent with calculated Maximum Allowable Industrial Loads.
(B) The Village will maintain a reserve of 10% to 20% of the maximum
allowable influent limit of each pollutant for new industries or increase with
existing industries. The Village will recalculate the permitted maximum
concentrations every 3-5 years, based on using site-specific data to determine
if permitted limits exceed the Maximum Allowable Industrial Loading (MAIL).
Sec.
23-32d. Local Limits.
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(A) Local Limits for Permitted Sources. Industrial users that apply for
a wastewater discharge permit shall be issued limits that are the most
stringent of Federal, State and Local limitations (by the method of
individual allocation described in Section 23-32 b. above).
(B)
Local Limits for Non-Permitted Sources
The following general discharge standards shall apply to all users (except for
those issued a wastewater discharge permit as stated above). Limitations are
based on a one-day maximum limit unless otherwise noted.
Arsenic 0.04 mg/L
Barium 4.50 mg/L
Cadmium 0.03 mg/L
Chrome
(total) 0.45 mg/L
Copper 0.30 mg/L
Cyanide
(total) 0.05 mg/L*
Iron 4.60 mg/L
Lead 0.10 mg/L
Manganese 2.30 mg/L
Mercury 0.0005 mg/L**
Molybdenum 0.10 mg/L
Nickel 0.17 mg/L
Selenium 0.04 mg/L
Silver 0.03 mg/L
Zinc 0.25 mg/L
BOD 1900 mg/L
Suspended
Solids 2000 mg/L
Ammonia as
N 25 mg/L
Oil and
Grease 240 mg/L*
* Sample must be collected using the grab type method. The
concentration limit is an instantaneous limit.
** The discharge limitation on Mercury shall not exceed a concentration
of 0.0005mg/L, or limits as otherwise established in the Illinois
Environmental Protection Agency Title 35, Subtitle C, Chapter 1, Section
307.1102.
(C) The Superintendent may develop Best Management Practices (BMPs), by
ordinance or in individual wastewater discharge permits, or general permits,
to implement Local Limits and the requirements of Section 23-32b above.
Sec.
23-32e. National Categorical Pretreatment Standards.
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The National Categorical
Pretreatment Standards found at 40CFR Chapter I, Subchapter N, Parts 405
through 471 are hereby incorporated.
(A) Where a categorical Pretreatment Standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater, the
Village of Addison may impose equivalent concentration or mass limits in
accordance with Section 23-32e.(c.) below.
(B) When the limits in a categorical Pretreatment Standard are expressed
only in terms of mass of pollutant per unit of production, the Village of
Addison may convert the limits to equivalent limitations expressed either as
mass of pollutant discharged per day or effluent concentration for purposes of
calculating effluent limitations applicable to individual Industrial Users.
(C) When a categorical Pretreatment Standard is expressed only in terms
of pollutant concentrations, an Industrial User may request that the Village
of Addison convert the limits to equivalent mass limits. The determination to
convert concentration limits to mass limits is within the discretion of the
Superintendent, or his/her designee. The Village of Addison may establish
equivalent mass limits only if the Industrial User meets all the conditions
set forth in Section 23-32(e)(c)(1)(A) through 23-32(e)(c)(1)(E) below.
(1) To be eligible for
equivalent mass limits, the Industrial User must:
(a) Employ, or demonstrate that it will employ, water
conservation methods and technologies that substantially reduce water use
during the term of its individual wastewater discharge permit;
(b) Currently use control and treatment technologies
adequate to achieve compliance with applicable categorical Pretreatment
Standard, and not have used dilution as a substitute for treatment;
(c) Provide sufficient information to establish the
facility’s actual average daily flow rate for all wastestreams, based on data
from a continuous effluent flow monitoring device, as well as the facility’s
long-term average production rate. Both the actual average daily flow rate
and the long-term average production rate must be representative of current
operating conditions;
(d) Not have daily flow rates, production levels, or
pollutant levels that vary so significantly that equivalent mass limits are
not appropriate to control the Discharge; and
(e) Have consistently complied with all applicable
categorical Pretreatment Standards during the period prior to the Industrial
User’s request for equivalent mass limits.
(2) An Industrial User
subject to equivalent mass limits must:
(a) Maintain and effectively operate control and treatment
technologies adequate to achieve compliance with the equivalent mass limits;
(b) Continue to record the facility’s flow rates through
the use of a continuous effluent flow monitoring device;
(c) Continue to record the facility’s production rates and
notify the Superintendent, or his/her designee, whenever production rates are
expected to vary by more than 20% from its baseline production rates
determined in Section 23-32(e)(c)(1)(c). Upon notification of a revised
production rate, the Superintendent, or his/her designee, will reassess the
equivalent mass limit and revise the limit as necessary to reflect changed
conditions at the facility; and
(d) Continue to employ the same or comparable water
conservation methods and technologies as those implemented pursuant to Section
23-32(e)(c)(1)(a). so long as it discharges under an equivalent mass limit.
(3) When developing
equivalent mass limits, the Superintendent, or his/her designee:
(a) Will calculate the equivalent mass limit by multiplying
the actual average daily flow rate of the regulated process(es) of the
Industrial User by the concentration-based Daily Maximum and Monthly Average
Standard for the applicable categorical Pretreatment Standard and the
appropriate unit conversion factor;
(b) Upon notification of a revised production rate, will
reassess the equivalent mass limit and recalculate the limit as necessary to
reflect changed conditions at the facility; and
(c) May retain the same equivalent mass limit in subsequent
individual wastewater discharger permit terms if the Industrial User’s actual
average daily flow rate was reduced solely as a result of the implementation
of water conservation methods and technologies, and the actual average daily
flow rates used in the original calculation of the equivalent mass limit were
not based on the use of dilution as a substitute for treatment pursuant to
Section 23-32g. The Industrial User must also be in compliance with Section
23-34e.3(c)(4)(A).
(d) The Superintendent may convert the mass limits of the
categorical pretreatment standards of 40CFR Parts 414, 419, and 455 to
concentration limits for purposes of calculating limitations applicable to
individual Industrial Users. The conversion is at the discretion of the
Superintendent.
(e) Once included in its permit, the Industrial User must
comply with the equivalent limitations developed in this section in lieu of
the promulgated categorical Standards from which the equivalent limitations
were derived.
(f) Many categorical Pretreatment Standards specify one
limit for calculating maximum daily discharge limitations and a second limit
for calculating maximum Monthly Average, or 4-day Average, limitations. Where
such Standards are being applied, the same production or flow figure shall be
used in calculating both the average and the maximum equivalent limitation.
(g) Any Industrial User operating under a permit
incorporating equivalent mass or concentration limits calculated from a
production-based Standard shall notify the Superintendent within two (2)
business days after the User has a reasonable basis to know that the
production level will significantly change within the next calendar month.
Any User notifying the Superintendent of such anticipated change will be
required to meet the mass or concentration limits in its permit that were
based on the original estimate of the long term average production rate.
Sec.
23-32f. Pretreatment.
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(a) All Industrial Users shall provide necessary wastewater pretreatment
as required to comply with Chapter 23 and shall achieve compliance with all
applicable pretreatment standards within the time limitations as specified by
appropriate statutes, regulations and this Chapter. National Categorical
Pretreatment Standards, as now existing or hereafter amended, shall be
incorporated by reference into this Chapter 23. Any facilities required to
pre-treat wastewater to a level acceptable to the POTW shall be provided,
properly operated and maintained at the User's expense. All Industrial Users
shall obtain all necessary construction operating permits from the IEPA and
Wastewater Discharge Permit from the Village prior to commencing construction
on such facilities. Such pretreatment facilities shall be under the control
and direction of an IEPA Certified Wastewater Treatment Operator.
(b) Any subsequent significant changes in the pretreatment
facilities or method of operation shall be reported to and be accepted by the
POTW prior to the Industrial User's initiation of the changes.
(c) Notification of changed discharge. All Industrial
Users shall promptly notify the POTW in advance of any substantial change in
the volume or character of pollutants in their discharge, as outlined in
Section 23-33(c)(f), including the listed or characteristic hazardous wastes
for which the Industrial User has submitted initial notification under 40 CFR
403.12(p).
Sec.
23-32g. Excessive Discharge - Dilution.
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No User
shall ever increase the use of process water or, in any way, attempt to dilute a
discharge as a partial or complete substitute for adequate pretreatment to
achieve compliance with any limitations contained in the National Categorical
Pretreatment Standards (NCPS) (when effective), or in any other
pollutant-specific limitations developed by the Village and/or as outlined in 40
CFR 403.6(d) in the Code of Federal Regulations.
Sec.
23-32h. Spill Containment - Slug Control.
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(A) (1) The Director of Public Works shall evaluate whether each
Industrial User having the ability to cause Interference with the POTW
treatment plant or to violate the regulatory provisions of this Chapter needs
to provide accidental discharge/slug control plan protection for accidental
discharge to the POTW of prohibited materials or other substances regulated by
this Chapter and/or provisions set forth in 40CFR403.12(f). Facilities to
prevent accidental discharge of prohibited materials shall be provided and
maintained at the owner or User's own cost and expense. The POTW may
incorporate specific, preventative actions directly into the permit conditions
of a Significant Industrial User in lieu of development of a slug control plan
as outlined in 40 CFR 403.8(f)(1)(iii)(B)(6).
(2) All Industrial Users whose wastewater includes or could include
compatible or incompatible pollutants in amounts great enough to cause
interference with the POTW must have detailed plans on file at the Village
showing facilities and operating procedures to provide protection from
accidental discharge. All Industrial Users shall complete construction of
said facilities by January 1, 1987. No User who begins contributing to or
could contribute such pollutants to the POTW shall be permitted to introduce
such pollutants into the POTW until accidental discharge facilities and
procedures, as appropriate, have been approved by the Village and installed by
the Industrial User. Review and approval of such plans and operating
procedures shall not relieve the Industrial User from the responsibility to
modify its facility as necessary to meet the requirements of Chapter 23.
(3) In case of an accidental or deliberate discharge of compatible or
incompatible pollutants which may cause Interference at the POTW or will Pass
Through the POTW or violate requirements of this Chapter and/or 40CFR403.8,
it shall be the responsibility of the Industrial User to notify the Village of
the incident within twenty-four hours of becoming aware of the upset. The
notification shall include name of caller, location and time of discharge,
type of wastewater, concentration and volume.
(4) Within five (5) days following such an accidental or deliberate
discharge the Industrial User shall submit to the Village a detailed written
report describing the cause of the discharge and the measures to be taken by
the User to prevent similar future occurrences. Follow‑up reports may be
required by Village as needed. Such report, or reports, shall not relieve the
Industrial User of any expense, loss, damage or other liability which may be
incurred as a result of damage to the POTW, fish kills, or any other damage to
person or property; nor shall such report relieve the User of any fines, civil
penalties, or other liability which may be imposed by this Chapter or
otherwise. Failure to report accidental or deliberate discharges may, in
addition to any other remedies available to the Village, result in the
revocation of the dischargers Wastewater Discharge Permit.
(5) The Industrial User shall control production or all discharges to
the extent necessary to maintain compliance with all applicable regulations
upon reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost or fails.
(6) A notice in English and the language of common use shall be
permanently posted on the User's bulletin board or other prominent place
advising employees whom to call in the event of a discharge of a prohibitive
material. Employers shall insure that all employees who are in a position to
cause, discover, or observe such accidental discharges are advised of the
emergency notification procedures.
(B) An accidental discharge/slug discharge control plan shall address,
at a minimum, the following:
(1) A description of discharge practices, including nonroutine batch
discharges.
(2) A description for promptly notifying the POTW of slug discharges,
including any discharge that would violate a specific prohibition under 40 CFR
403.5(b), with procedures for follow‑up written notification within five (5)
days.
(3) A description of
stored chemicals.
(4) Any procedure to prevent adverse impact from accidental spills,
including inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site run‑off,
worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants (including solvents), and/or measures and
equipment for emergency response.
(5) Any follow‑up practices to limit the damage suffered by the
treatment plant or the environment.
(C) Notice of potential problems, including slug loading: As outlined
in 40CFR 403.12(f) and 40CFR403.8(f)(2)(vi), all categorical and
non‑categorical IU's shall notify the POTW immediately of all discharges that
could cause problems to the POTW, including any slug loadings, as defined by
40CFR 403.5(b), by the IU. The IU must notify the POTW immediately of changes
that occur at the facility affecting the potential for a Slug Discharge,
thereby allowing the POTW to reevaluate the need for a slug control plan or
actions to prevent such discharges.
Section 23-32i
Hazardous Waste Discharge Notification
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a.) An Industrial User shall notify the POTW, the EPA Regional Waste
Management Division Director, and State hazardous waste authorities in writing
of any discharge into the POTW of a substance, which, if otherwise disposed of
would be a hazardous waste as defined in 40CFR Part 261. The procedure for
notification is as outlined in 40 CFR 403.12(p).
b) All notifications must take place within 180 days of the effective
date of this Chapter, or within 180 days after the commencement of a new
discharge that contains a listed hazardous waste.
c) Discharges are exempt from the requirements above if during a month
an Industrial User discharges no more than fifteen kilograms of hazardous
wastes unless the wastes are acute hazardous wastes as defined in
40CFR261.30(D) and 261.33 (e).
Sec.
23-33a. Prohibition of Discharges Without or Contrary to a Permit.
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a) It shall be
unlawful for any Industrial User to discharge wastewater to the Village POTW
without or contrary to a permit issued by the Village in accordance with the
provisions of Chapter 23.
b) As of February 18, 1997, it has been deemed necessary and
appropriate to place a moratorium prohibiting the issuance of
new wastewater discharge permits to industries performing copper forming,
circuit board manufacturing, inorganic chemical production of specific
chemicals (copper), molding and casting of copper, nonferrous metals forming
and metal powders (copper), nonferrous metals manufacturing for coppers, and
other manufacturing which results in a primary source of copper in the
wastewater discharge within the Village of Addison in excess of the local
limit for copper discharge.
Sec.
23-33b. Procedures for Receipt and Analysis of IUs Reports.
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All
reports and notices submitted to the Village by industrial users in accordance
with Chapter 23 and 40 CFR 403.12 shall be received by the Director of
Environmental Services and referred to the appropriate technical personnel for
review. The Village shall have sixty (60) days from receipt of each industrial
user's submittal to complete its review and make any necessary response.
Sec.
23-33c. Permits.
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a) All Significant Users proposing to connect to,
or to contribute to the POTW (New Sources) shall obtain a Wastewater Discharge
Permit before connecting to or contributing to the POTW. An application for
discharge from Significant Users proposing to connect or contribute to the
POTW must be submitted 90 days before the first day of discharge. All
Significant Users which are Existing Sources connected to or contributing to
the POTW that become a categorical user due to promulgation of a new category
shall apply for a discharge permit within 180 days of the effective date of
the new category. Other existing industrial users that are deemed significant
by the Village of Addison shall submit an application for permit within 90
days of the determination
(The latter includes, but is not limited to,
Industrial Users regulated by a newly promulgated National Categorical
Pretreatment Standard.)
b) Wastewater Discharge Permit Application
1.) Significant Users required to
obtain a Wastewater Discharge Permit shall complete and file with the Village
an application in a form to be prescribed and furnished by the Village, and
accompanied by a fee to be determined by the Village.
2.) If a Significant User does not
submit an application for a Wastewater Discharge Permit as required by Section
23-33c. of Chapter 23, the User shall be considered in significant non
compliance and in violation of this Chapter and subject to enforcement
procedures as set forth in Section 23-34 of Chapter 23.
3.) In support of the application, the
Significant User shall submit, in units and terms appropriate for evaluation,
the following information:
A.) Name, address and
location of the facility including the name of the operator and owner.
B.) SIC number according to
the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as
amended.
C.) Wastewater constituents
and characteristics including, but not limited to, those set forth in Section
23-32 of Chapter 23 as determined by a reliable analytical laboratory using 40
CFR 136 methodology.
D.) Time and duration of
discharge.
E.) Average and maximum
wastewater flow rates, in gallons per day, including monthly and seasonal
variations, if any.
F.) Site plans showing all
pipe sizes, manholes and location of sanitary and storm sewers leaving the
building or premises, together with all connections to lateral sanitary and
storm sewers.
G.) Total number of
employees and hours of operation of a plant.
H.) Proposed or actual
hours of operation of pretreatment system and the name of the IEPA certified
pretreatment operator.
I.) Name of the authorized
representative of the Significant User.
J.) Significant User's
source of intake water together with the types of usage and disposal sources
of water and the estimated volumes in each category.
K.) If additional
Significant User operation and maintenance or pretreatment techniques or
installations will be required to meet pretreatment standards, the shortest
schedule by which the Significant User will provide such additional
pretreatment. The completion date in this schedule shall not be later than
the compliance date established under Section 23-32.
L.) List of any
environmental control permits held by or for the
facility.
M.) Any other information as
may be deemed by the POTW to be necessary to evaluate the permit
application.
In addition to the above requirements, any
Categorical Industrial User shall submit the following information within a
specified time frame, as defined by Village of Addison Industrial Pretreatment
personnel, as a Special Condition to the issuance of any discharge permits:
N.) Information showing the
measured average daily and maximum daily flow, in gallons per day, to the POTW
from each of the following:
i. regulated
process streams, and
ii. Other
streams as necessary to allow use of the combined waste stream formula of 40
CFR 403.6(e).
O.) Significant User shall
identify the National Categorical Pretreatment Standards applicable to each regulated process and shall:
i. Submit
the results of sampling and analysis identifying the nature and concentration
of regulated pollutants in the discharge from each regulated process. Both
daily maximum and average concentration shall be reported. The sample shall
be representative of daily operations.
ii. A minimum
of four (4) grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organic. For all other pollutants, 24‑hour
composite samples must be obtained through flow‑proportional composite
sampling techniques where feasible. The POTW may waive flow‑proportional
composite sampling for any IU that demonstrates that flow‑proportional
sampling is infeasible. In such cases, samples may be obtained through
time‑proportional composite sampling techniques or through a minimum of four
(4) grab samples where the IU demonstrates that this will provide a
representative sample of the effluent being discharged.
iii. Sample
based on the flow of the sampled stream as follows: (composite samples are
required where feasible)
a)
Where the flow of the stream being sampled is less than or equal to
approximately 250,000 gpd, the Significant User shall take a minimum of three
samples within a two‑week period.
b)
Where the flow of the stream being sampled is greater than approximately
250,000 gpd, the Significant User shall take a minimum of six samples within a
two‑week period,
iv. Take the
samples 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, in order to evaluate compliance with the National Categorical
Pretreatment Standards, the
Significant User shall measure the flows and concentrations necessary to allow
use of the combined waste stream formula of 40 CFR Section 403.6(e). Where an
alternate concentration has been calculated in accordance with 40 CFR Section
403.6(e), this adjusted limit along with supporting data shall be submitted to
the POTW.
v. Submit,
only with POTW authorization, information that utilizes only historical data,
so long as the data provides information sufficient to determine the need for
industrial pretreatment measures.
vi. Provide
the time, date and place of sampling, sampling methods and methods of analysis
and certification that such sampling and analysis is representative of normal
work cycles and expected pollutant discharges to the POTW during the period
required by the report.
P.) The Significant User
shall provide a statement, reviewed by an authorized representative of the
Industrial User and certified by a qualified professional indicating whether
National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether
additional operation and maintenance measures (O&M) or additional pretreatment
is required for the Significant User to meet the National Categorical
Pretreatment Standards.
Q.) If additional
pretreatment or O&M will be required to meet the National Categorical
Pretreatment Standards, the
Significant User will provide the shortest schedule which will provide such
additional pretreatment or O&M. The completion date in this schedule will not
be later than the compliance date established for the applicable National
Categorical Pretreatment Standard.
i. Where the
Significant User's National Categorical Pretreatment Standard has been
modified by a removal allowance (40 CFR Section 403.7) or the combined waste
stream formula (40 CFR Section 403.6(e)), or net/gross calculations (40 CFR
Section 403.15), at the time the Significant User submits an application the
information required in Section 23-33c.(b)(4)(P) and (Q) shall pertain to the
modified limits.
ii. If the
National Categorical Pretreatment Standard for the Significant User is
modified after the discharge application is submitted, the Significant User
shall make any necessary amendments to information provided as a response to
Section 23-33c.(b)(4)(P) and (Q) and submit them to the Village within 60 days
after the modified limit is approved.
R.) The following
conditions shall apply to any compliance schedule submitted in
response to Section 23-33c.(b)(3)(Q):
i. 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 User to meet the
applicable National Categorical Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction,
etc.).
ii. No
increment referred to in Section 23-33c.(b)(3)(Q) shall exceed nine
months.
iii. Not later
than 14 days following each date in the schedule and the final date for
compliance, the User shall submit a progress report to the POTW 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 nine months elapse between such progress reports to the
POTW.
S.) Any
requests for a monitoring waiver (or renewal of an approved monitoring waiver)
for a pollutant neither present nor expected to be present in the discharge
shall be based on Section 23-33e.(b)(4) of this Chapter.
c) Review of Wastewater Discharge Permit
Applications
The Village will evaluate the data furnished
by the Significant User and may require additional information. The
evaluation process may, at the discretion of the Village, include the
inspection of the facilities of the applicant. After evaluation of the data
available, the Village may issue a Wastewater Discharge Permit. No temporary
permit will be issued by the Village except as set forth in Section
23-33c.(h)
d) Permit Conditions
Wastewater Discharge Permits shall be
expressly subject to all provisions of this Chapter and all other applicable
regulations, user charges and fees established by the Village. Wastewater
Discharge Permits shall contain the following:
1) The Wastewater Discharge Permit
shall include the limits on daily maximum and average pollutant loadings from
the applicable pretreatment standard (which includes federal, state, local
limits, and Best Management Practices) whichever is more
stringent.
2) Where the National Categorical
Pretreatment Standards are
modified by a removal allowance (40 CFR Section 403.7) or the combined waste
stream formula (40 CFR Section 403.6(e)) or net/gross calculations (40CFR
Section 403.15) or Fundamentally Different Factor Variance for nontoxics (40
CFR Section 403.13), of the General Pretreatment Regulations, the limits as
modified shall be made a part of the Wastewater Discharge Permit and shall be
adjusted consistent with USEPA guidelines and regulations.
3) Limits on maximum and average flow
rate and time of discharge or requirements for flow regulation and
equalization for each separate discharge of a User.
4) Requirements for installation and
operation of inspection, sampling and monitoring facilities.
5) Specifications for monitoring
and/or self monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests and reporting
schedule.
6) Compliance schedule, if necessary
for the installation of technology required to meet applicable Pretreatment
Standards and Requirements as outlined in 40 CFR 403.8(f)(1)(iii).
7) Requirements for submission of
technical reports or discharge reports as outlined in 40CFR 403.8(f)(1)(iii).
8) Requirements to retain for a
minimum of three years any records of monitoring activities and results
relating to wastewater discharge and for affording the POTW access to said
records.
9) Requirements for advance
notification to the POTW of any new introduction of wastewater constituents or
any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater treatment system pursuant to
the terms of Section 23-33c.(e) of Chapter
23.
10) Requirements for implementing
individual slug control measures and notification of slug discharges as
defined in Chapter 23 and as per 40CFR403.5(b).
11) Requirements for reporting
pretreatment sludge disposal practices.
12) The process for seeking a waiver
from monitoring for a pollutant neither present nor expected to be present in
the Discharge in accordance with Section 23-33e.(b)(4).
13) Other conditions as deemed
appropriate by the Village to ensure compliance with this Chapter and
Pretreatment Requirements and Standards.
e) General Permits
1) At the discretion of the
Superintendent, the Superintendent may use general permits to control SIU
discharges to the POTW if the following conditions are met. All facilities to
be covered by a general permit must:
A.) Involve the same or
substantially similar types of operations;
B.) Discharge the same types
of wastes;
C.) Require the same
effluent limitations;
D.) Require the same or
similar monitoring; and
E.) In the opinion of the
Superintendent, are more appropriately controlled under a general permit than
under individual wastewater discharge permits.
2) To be covered by the general
permit, the SIU must file a written request for coverage that identifies its
contact information, production processes, the types of wastes generated, the
location for monitoring all wastes covered by the general permit, any requests
in accordance with Section 23-33e – (b)(4) for a monitoring waiver for a
pollutant neither present nor expected to be present in the discharge, and any
other information the POTW deems appropriate. A monitoring waiver for a
pollutant neither present nor expected to be present in the discharge is not
effective in the general permit until after the Superintendent, or his
designee, has provided written notice to the SIU that such a waiver request
has been granted in accordance with Section 23-33e.
3) The Superintendent
will retain a copy of the general permit, documentation to support the POTW’s
determination that a specific SIU meets the criteria in Section 23-33c(e)1, A
through E and applicable State regulations, and a copy of the User’s written
request for coverage for three (3) years after the expiration of the general
permit.
4) The Superintendent may not control
an SIU through a general permit where the facility is subject to
production-based categorical Pretreatment Standards or categorical
Pretreatment Standards expressed as mass of pollutant discharged per day or
for IU’s whose limits are based on the Combined Wastestream Formula or
Net/Gross calculations.
f) Notification of Violations
In the event an IU's sampling data indicates a
violation, the IU must notify the POTW within 24 hours of becoming aware of
the violation. The IU must then repeat the sampling and analysis and submit
the results to the POTW within 30 days as per
40CFR403.12(g)(2).
g) Change in Conditions
In the event the type, nature, quality or
volume of wastewater from the property for which a Wastewater Discharge Permit
was previously granted is excepted to materially and substantially change as
reasonably determined by the permittee or Village, the permittee previously
granted such must notify the Director of Public Works in writing thirty
(30) days prior to any planned changes to the users operations or system and
shall make application to the Village prior to said change, in the same manner
and form as originally made, provided that information previously submitted
and unchanged need not be resubmitted by permittee. No permittee shall
materially and substantially change the type, nature, quality or volume of its
wastewater beyond that allowed by its permit without prior written approval of
the Village.
h) Duration
Wastewater Discharge Permits shall be issued
for a specified time period, not to exceed five (5) years. The Permittee
shall file an application for renewal of its permit at least 90 days prior to
expiration of the User's permit. The Industrial User shall apply, on a form
provided by the POTW, for re-issuance of the Permit. Upon re-issuance, any
applicable provisions of the Wastewater Discharge Permit shall be incorporated
as conditions of the new Wastewater Discharge Permit. The terms and
conditions of the permit may be subject to modification by the Village during
the term of the permit as limitations or requirements as identified in Part
300 are modified or other just cause exists. The Significant User shall be
informed of any proposed changes in its permit at least 30 days prior to the
effective date of change. Where any changes are made in the Significant
Industrial User's permit, a reasonable time shall be given to achieve
compliance.
i) Transfer
Wastewater Discharge Permits are issued to a
specific Significant User for the process activity specified in the permit. A
Wastewater Discharge Permit shall not be assigned, transferred or sold to a
new owner or new user in different premises or to a new or change operation in
the same or different premises without the approval of the Village. If the
premises are sold or other wise transferred by the permittee to a new owner
who will maintain the operation in the same premises, then the permit held by
the seller shall be reissued by the Village to the new owner as a temporary
permit; provided that the new owner shall immediately apply for a new permit
in accordance with this Chapter and further provided that the temporary permit
shall only be effective for ninety (90) days after the date of sale or
transfer. The Village shall have the same remedies for violation of temporary
permits as it has for violation of other discharge permits.
j) Deadline for Compliance with Categorical
Standards Compliance by existing sources with categorical Pretreatment
Standards shall be within 3 years of the date the Standard is effective unless
a shorter compliance time is specified in the appropriate subpart of 40 CFR
Chapter 1, Subchapter N. Direct dischargers with NPDES permits modified or
reissued to provide a variance pursuant to Section 302(i)(2) of the Act shall
be required to meet compliance dates set in any applicable categorical
Pretreatment Standard. Existing sources which become Industrial Users
subsequent to promulgation of an applicable categorical Pretreatment Standard
shall be considered existing Industrial Users except where such sources meet
the definition of a New Source
as defined in 403.3(k). New Sources shall
install and have in operating condition, and shall "start‑up" all pollution
control equipment required to meet applicable Pretreatment Standards before
beginning to Discharge. Within the shortest feasible time (not to exceed 90
days), New Sources must meet all applicable Pretreatment Standards.
Sec.
23-33d. Denial of Permit and Appeal Procedure.
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a) No discharge permit
shall be issued by the Village to any person whose discharge of material to
sewers, whether shown upon his application or determined after inspection and
testing conducted by the Village, is not in conformity with Village Codes,
Ordinances, Zoning, Regulations, or whose application is incomplete or does
not comply with the requirements of Section 23-33c.(b)(c) as applicable. The
Village shall state the reason or reasons for denial in writing, which shall
be mailed or personally delivered to the applicant within ten (10) days after
denial.
b) If the application
is denied by the Village, the Industrial User may obtain review of the denial
by the Village Board of Trustees, provided that the Industrial User shall give
written notice of this request therefore, within thirty (30) days after
receipt of such denial. The Village Board of Trustees shall review the permit
application, the written denial and such other evidence, written and oral, and
matters as the applicant and the Director of Public Works shall present. The
decision of the Village Board of Trustees shall be
final.
c) Any person,
including the User, may petition the Superintendent to reconsider the terms of
an individual or general permit within 30 days of issuance of the
permit.
1) Failure
to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
2) In its
petition, the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge
permit.
3) The
effectiveness of the wastewater discharge permit shall not be stayed pending
the appeal.
4) If the
Superintendent fails to act within thirty (30) days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a
wastewater discharge permit or not to modify a wastewater discharge permit
shall be considered final administrative actions for purposes of
appeal.
5) If the
request to reconsider or modify a permit is denied by the Superintendent, the
Industrial User may obtain review of the denial by the Village Board of
Trustees, provided that the Industrial User shall give written notice of this
request therefore, within thirty (30) days after receipt of such denial. The
Village Board of Trustees shall review the permit application, the written
denial and such other evidence, written and oral, and matters as the applicant
and the Director of Public Works shall present. The decision of the Village
Board of Trustees shall be final.
Sec.
23-33e. Reporting Requirements for Permittee.
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a) 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 POTW, an
Industrial User subject to Pretreatment Standards and Requirements shall
submit to the Village of Addison control authority a report containing the
information as described paragraphs 1‑3
below.
For Industrial
Users subject to equivalent mass or concentration limits established by the
Village in accordance with the procedures in 403.6(c), this report shall
contain a reasonable measure of the Users 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.
1) Flow
Measurement
The
User shall submit information showing the average measured daily and maximum
daily flow, in gallons per day, to the POTW from each of the
following:
i)
Regulated process streams; and
ii) Other streams as necessary to allow use of the combined
wastestream formula as outlined in 40CFR403.6(e).
The Village of Addison control authority
may allow for verifiable estimates of these flows where justified by cost or
feasibility considerations.
2)
Measurement of pollutants
i)
The user shall identify the Pretreatment Standards applicable to each
regulated process;
ii) In addition, the User shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where required by
the 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;
iii) Sampling of discharge shall be performed as described in Section
33-33c.(b)(3)(O) of this document; with the exception of subparts iii and v.
iv) The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
paragraph;
v) Samples should 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 User should measure the flows and
concentrations necessary to allow use of the combined waste stream formula of
403.6(e) in order to evaluate compliance with the Pretreatment Standards.
Where an alternate concentration or mass limit has been calculated in
accordance 403.6(e) this adjusted limit along with supporting data shall be
submitted to the Village of Addison control authority;
vi) Sampling and analysis shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136 and amendments
thereto. Where 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the Administrator
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be
performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the POTW
or other parties, approved by the
Administrator;
vii) The report shall indicate the time, date and place, of sampling
and methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to the
POTW.
3)
Certification
A
statement, reviewed by an authorized representative of the Industrial User (as
defined in Section 23-33i.) and certified to by an Illinois registered
professional engineer, indicating whether Pretreatment Standards are being met
on a consistent basis, and, if not, whether additional operation and
maintenance (O and M) and/or additional pretreatment is required for the
Industrial User to meet the Pretreatment Standards and
Requirements.
b) Periodic Compliance
Reports
1) Any
User subject to an applicable pretreatment standard, after the compliance date
of such applicable pretreatment standard or, in the case of a New Source,
after discharge of wastewater to the POTW begins, shall submit to the Village
on or before the 15th day of the months of January, April, July, and October
for the preceding calendar quarter, a certified report indicating the nature
and concentration of pollutants in the effluent which are limited by such
applicable pretreatment standards. For User’s subject to semi-annual
monitoring, a report shall be submitted on or before the 15th day
of the months January and July for the preceding six-month period.
In addition, this report may include requirements to record the measured or
estimated average and maximum daily flows for the reporting
period.
Significant Noncategorical Industrial User shall submit to the POTW once
every quarter (on or before the 15th of the months of January, April, July,
and October for the preceding calendar quarter) a description of the nature,
concentration, and flow of the pollutants required to be reported by the
Village of Addison control authority. These reports shall be based on
sampling and analysis performed in the period covered by the report, and
performed in accordance with the techniques described in 40 CFR Part 136 and
amendments thereto.
In cases where the
Pretreatment Standard requires compliance with a Best Management Practice
(BMP) or pollution prevention alternative, the User must submit documentation
required by the Pretreatment Standard and/or Superintendent necessary to
determine the compliance status of the User.
2) Where
40 CFR Part 136 does not contain sampling or analytical techniques for the
pollutant in question, or where the Administrator determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analysis shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures,
including procedures suggested by the POTW or other persons, approved by the
Director. This sampling and analysis may be performed by the POTW in lieu of
the significant non-categorical industrial user. Where the POTW itself
collects all the information required for the report, the non-categorical
significant industrial user will not be required to submit the
report.
3) At the
discretion of the Village, this report shall also include concentrations of
BOD/COD/TSS or other pollutants specified by Village. Permittee shall sample
and analyze its wastewater for BOD/COD/TSS or other pollutants at the
discretion of Village as set forth in the permit issued to permittee or as
outlined and dictated in the Federal Code of Regulation
guidelines.
4) The
Village of Addison may authorize an 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 the intake water and without any increase in the
pollutant due to activities of the Industrial User. This authorization is
subject to the following conditions:
i)
The Waiver may be authorized 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
ii) The monitoring waiver is valid only for the duration of the
effective period of the individual wastewater discharge permit, 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 individual wastewater discharge
permit. See Section 23-33b.(b)(3)(S) of this
Chapter.
iii) 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.
iv) The request for a monitoring waiver must be signed in
accordance with Section 23-33i, and include the certification statement in
23-33i.(D).
v) Non-detectable sample results may be used only as a
demonstration that a pollutant is not present if the EPA approved method from
40 CFR Part 136 with the lowest minimum detection level for that pollutant was
used in the analysis.
vi) Any grant of the monitoring waiver by the Superintendent
must be included as a condition in the User’s permit. The reasons supporting
the waiver and any information submitted by the User in its request for the
waiver must be maintained by the Superintendent for 3 years after expiration
of the waiver.
vii) Upon approval of the monitoring waiver and revision of the
User’s permit by the Superintendent, the Industrial User must certify on each
report with the statement noted 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 40CFR______ (specify applicable National
Pretreatment Standard Part), I certify that, to the best of my knowledge and
belief, there has been no increase in the level of _________________ (list all
pollutants) in the wastewaters due to the activities at the facility since
filing of the last periodic report under the provisions of Section
23-33e.(b)(4).”
viii) In the event that a waived pollutant is found to be
present or is expected to be present because of changes that occur in the
User’s operations, the User must immediately: Notify the Superintendent; and
comply with the monitoring requirements of Section 23-33e.(b)(1) or other more
frequent monitoring requirements imposed by the Superintendent.
ix) This provision does not supersede certification processes
and requirements established in categorical Pretreatment Standards, except as
otherwise specified in the categorical Pretreatment
Standard.
5) If an
IU subject to the reporting requirements in Section 23-33e.(b)(1) or (2) of
this section monitors their effluent for any pollutant more frequently than
required by the POTW, the results of this monitoring shall be included in the
Discharge Monitoring Report for that period.
6) At the
discretion of the Village and in consideration of such factors as a local high
or low flow rates, holidays, budget cycles, or individual company performance,
the Village may agree to alter the months during which the above reports are
submitted.
7) All
wastewater sampling and analysis performed for discharge monitoring must be
representative of the users discharge.
c) All Industrial Users that generate pretreatment hazardous or special
wastes from a facility shall be required to submit a report to the POTW which
will describe the waste disposal methods of the Industrial User. The report
shall state the volume of waste produced on an average daily basis, whether it
is on a dry or wet basis, the ultimate method and location of the sludge
disposal and the Permit Number authorizing the disposal. The report shall be
submitted with the first Periodic Compliance Report unless directed otherwise
by the POTW. The IU shall also submit copies of manifests for sludge hauling,
special wastes, hazardous wastes and/or waste by-products. Copies of the
manifests shall be submitted to the Village as part of the periodic compliance
reports.
d) Reporting requirements for IU's upon effective date of categorical
Pretreatment Standards baseline
report.
Within 180 days
after the final administrative decision made upon a category determination
submission under 40CFR403.6(a)(4), whichever is later, existing Industrial
Users subject to such categorical Pretreatment Standards and currently
discharging to or scheduled to discharge to a POTW shall be required to submit
to the Village of Addison control authority, a report which contains the
information listed in paragraphs 1‑3 of this section and Section 23-33e.(a)(1)
and (2).
Where reports
containing this information already have been submitted to the Director of
Public Works in compliance with the requirement of 40 CFR 126.140(b)(1977),
the Industrial User will not be required to submit this information again. 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 Standard, shall be required to submit to the POTW a report which
contains the information listed in paragraph 1 of this section and Section
23-33e.(a). New sources shall also be required to include in this report
information on the method of pretreatment the source intends to use to meet
applicable pretreatment standards. New Sources shall give estimates of the
information requested in Section 23-33e.(a)(1) and
(2).
1)
Identifying information.
The
User shall submit the name and address of the facility including the name of
the operator and owners;
2)
Permits. The User shall submit list of any environmental control permits
held by or for the facility;
3)
Description of operations.
The
User shall submit a brief description of the nature, average rate of
production, and Standard Industrial Classification of the operation(s) carried
out by such Industrial User. This description should include a schematic
process diagram which indicates points of Discharge to the POTW from the
regulated processes.
Sec.
23-33f. Monitoring Facilities.
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a) All Significant
Users shall provide and operate at the User's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of the building
sewer or internal drainage systems. Such monitoring facilities shall be
provided at the end of a process and/or at the end of the pretreatment as
required for Industrial Users subject to Categorical Standards. Pollutant
concentrations and other prohibitions will be monitored at the end of the
pipe. The monitoring facility will normally be situated on the Users premises
but the Village may, when such a location would be impractical or cause undue
hardship to the User, allow the facility to be constructed in the public
street or sidewalk area and located so that it will not be obstructed by
landscaping, parked vehicles, or other activities of the User. (Also reference
Chapter 20-54)
b) Whenever required
by permit, any Significant Users shall install a large manhole or sampling
chamber for each separate discharge in the building‑sewer in accordance with
plans and specifications approved by the Village installed and maintained at
all times at User's expense, which shall have ample room in each sampling
chamber to permit the Village to take accurate composite samples for
analysis. The chamber shall be safely, easily and independently accessible to
authorized representatives of the Village twenty‑four (24) hours per day,
seven (7) days per week.
1) The IU
may be required to install a Palmer‑Bowlus, Parshall flume or
equivalent in each sampling chamber unless a weir or similar device is
approved by the Village with a recording and totalizing register for
measurement of the liquid quantity or,
2) At the
discretion of the Village the metered water supply to the industrial plant may
be used as the liquid quantity where it is substantiated to the Village that
the metered water supply and waste quantities are approximately the same, or
where a measurable adjustment agreed to by the Village is made in the metered
water supply to determine the liquid waste quantity. Categorical Significant
Industrial Users (SIU’s) shall be required to read and record the incoming
water meter on a daily basis. Non-Categorical SIU’s may be allowed to read
the water meter at the beginning and end of the reporting period to calculate
the daily average flow.
3)
Sampling shall be performed as required by the User's Wastewater Discharge
Permit. The Village shall have the right to perform its own sampling at any
reasonable time.
4) The
sampling chamber, metering device, and documentation of the frequency of
sampling, sampling methods and analyses of samples shall be subject, at any
reasonable time, to inspection and verification by the
Village.
c) All measurements,
tests, and analyses to which reference is made in this Chapter shall be
determined and performed in accordance with 40 CFR Section 403.12(g), as
amended from time to time where sampling and analytical techniques are not
contained in said Federal Register reference, or are inappropriate for a
pollutant, sampling and analyses should be performed using validated
analytical methods as approved by the
Village.
d) All pollutant
analyses, including sampling techniques, shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures approved
by EPA.
Sec.
23-33g. Inspection, Sampling and Records Keeping.
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a) The Village may
inspect the facilities of all Industrial Users and/or require the completion
of an industrial survey form provided by the Village to ascertain whether the
purposes of Chapter 23 are being met and if all requirements of Chapter 23 are
being complied with. Persons or occupants of premises in which a discharge
source or treatment system is located or in which records are kept shall allow
the Village or its representative ready access upon presentation of
credentials to all parts of said premises for the purposes of inspection,
sampling, examination and photocopying of records required to be kept by
Chapter 23, and in the performance of any of their duties. The Village shall
have the right to set up on the User's property such devices as are necessary
to conduct sampling, monitoring and metering operations of wastewater and
sludges. Where a User has security measures in force which would require
suitable identification necessary arrangements with their security guards so
that upon presentation of suitable identification, personnel from the Village
shall be permitted to enter immediately for the purposes of performing their
specific responsibilities. Such arrangements shall be made by Users with
their security guards within 30 days of the enactment of Chapter 23.
b) The Village and
Industrial Users shall maintain records of all information resulting from any
monitoring activities required by this Chapter and, in the case of Industrial
Users, shall include:
1) The
date, exact place, method, and time of sampling and the names of the person or
persons taking the samples;
2) The
dates analyses were performed;
3) Who
performed the analyses;
4) The
analytical techniques/methods use;
and
5) The
results of such analyses.
c) The Village and
Industrial Users shall maintain such records for a minimum of three (3)
years. This period of retention shall be extended during the course of any
unresolved litigation regarding the discharge of pollutants by the Industrial
User or operation of Village pretreatment program or when requested by the
USEPA Regional Administrator or the
Director of IEPA.
Sec.
23-33h. Confidential Information.
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A) Information and data
relating to an Industrial User obtained from reports, questionnaires, permit
applications, permits and monitoring programs and from inspections shall be
available to the public or other governmental agencies without restriction
unless the User specifically requests, and is able to demonstrate to the
satisfaction of the Village, that the release of such information would
divulge information, processes or methods of production entitled to protection
as trade secrets of the User. All effluent data shall be available to the
public without restriction.
B) When requested by
the person furnishing a report, and until such time as the Village determines
that the requested information is not entitled to confidential treatment, the
portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses related to
this Chapter, the National Pollutant Discharge Elimination System (NPDES)
Permit, and for use by the State or any state agency in judicial review or
enforcement proceedings involving the person furnishing the report.
C) Information and data
provided to the Village which is effluent data shall be available to the
public without restriction.
D Information accepted
by the Village as confidential shall not be transmitted to the general public
by the Village until and unless a thirty‑day notification is given to the
User.
E) The Village shall
implement measures to prevent the negligent release of confidential
information; however, neither the Village nor its employees shall be held
legally responsible for release of information.
Sec.
23-33i. Signatory Requirements for IU Reports.
[back to top]
The reports required by
Section 23-33c., 23-33e.(a), and 23-33e. shall include the certification
statement as set forth in 40CFR403.6(a)(2)(ii), and shall be signed as
follows:
A) By a responsible
corporate officer, if the Industrial User submitting the reports required by
Section 23-33c. of this document is a corporation. For the purpose of this
paragraph, a responsible corporate officer means:
i) a
president, secretary, treasurer, or vice‑president of the corporation in
charge of a principal business function, or any other person who performs
similar policy‑ or decision‑making functions for the corporation, or
ii) the
manager of one or more manufacturing, production, or operation facilities
provided the manager is authorized to make management decisions that 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 individual or general wastewater discharge permit
requirements; where authority to sign documents has been
assigned or delegated to the manger in accordance with corporate procedures.
B) By a general partner
or proprietor if the Industrial User submitting the reports required by
Section 400.115(A) of this document is a partnership or sole proprietorship
respectively.
C) By a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee,
if the User is a Federal, State, or local government.
D) By a duly authorized representative of the individual designated in
paragraph (A), (B), or (C) of this section if:
i) The
authorization is made in writing by the individual described in paragraph (A),
(B), or (C);
ii) 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 manger,
operator of a well, or well field superintendent, or a position of equivalent
responsibility, or having overall responsibility for environmental matters for
the company.
E) All wastewater
discharge permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification statement:
"I certify under
the penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing
violations."
Sec.
23-34a. Publishing Lists of IU's with Significant Violations. [back
to top]
General
Pretreatment Regulations require the Village of Addison to publish, at least
annually, in the largest daily newspaper within the Village of Addison, a list
of industrial users which were significantly violating applicable pretreatment
standards and requirements during the previous twelve months as outlined in 40
CFR 403.8(f)(2)(vii)(A)-(H).
Section
23-34b. General Description of Enforcement Management System (EMS). [back
to top]
The
purpose of the Village of Addison POTW Enforcement Management System (EMS) is to
provide guidance for Addison's staff in all phases of enforcement related to
Addison's Industrial Pretreatment (IPT) Program. General guidance has been
provided by the Village of Addison Board of Trustees by Chapter 23, but specific
application of that general guidance to the range of possible enforcement
actions is needed. The EMS and Enforcement Response Guide (ERG) are intended to
implement portions of Chapter 23 and/or PIRT requirements as per 40 CFR
403.8(f)(5).
Sec.
23-34c. Enforcement Management System. [back
to top]
Chapter
23 implements Addison's Pretreatment Program mandated by the Clean Water Act and
the General Pretreatment Regulations. It provides local limitations on
discharges in Section 23-32, permits for categorical and significant industrial
users in Section 23-33, describes enforcement actions and enforcement response
in Section 23-34, and describes penalties and costs in Section 23-35. The
enforcement philosophy is progressive; that is, problems are intended to be
addressed at the lowest level and with the least formality possible consistent
with the specific problem. No enforcement procedure is contingent upon the
completion of any less formal procedure. For particularly severe violations
as defined, Formal Enforcement Compliance Actions may be initiated immediately
without the use of Letters of Violation, Compliance Meeting, Compliance
Schedules and/or Compliance Directives.
Section
23-33 of Chapter 23 requires that all categorical, or significant industrial
users obtain a wastewater discharge permit as a condition of discharge. Permits
may be for a period as along as five years, and may limit wastewater
constituents and flows, may require installation and operation of sampling and
monitoring facilities, establish compliance schedules and require submission of
periodic reports and notices as needed. The wastewater discharge permit
represents Addison's first means of controlling the wastewater discharge by
categorical, or significant industrial users. The IPT permit also represents a
major enforcement tool for Addison's use against industrial users violating
Addison's IPT Chapter.
Sec.
23-34d. Department
of Public Works:
General Responsibilities [back
to top]
Sec.
23-34d.1. General.
The Enforcement Management
System is administered by the Superintendent, Public Works Department, under
the general supervision of the Public Works Department Director. The Public
Works Superintendent may delegate tasks to his subordinates. The
Superintendent shall maintain complete, accurate records of activities
conducted as part of the Enforcement Management System and render periodic
reports to the Village of Addison Board of Trustees at such frequency and in
such detail as the Board shall determine. Specific responsibilities are set
forth in succeeding sections of this document.
Sec.
23-34d.2. Collection and Dissemination of Information.
For each industrial user, the Superintendent, or
his/her designee, shall determine what data is required or needed to
determine compliance with applicable pretreatment standards as well as when,
how, and in what time frame it can be obtained. The Superintendent, or
his/her designee, shall specify reporting requirements for each industrial
user in its permit as required by United States Environmental Protection
Agency and shall then track the submission of reports. If information
submitted is deficient or late, the industrial user shall be notified
(within 30 days) and required to complete the submission as detailed in the
appropriate enforcement response.
Baseline monitoring reports, 90 day compliance reports,
reports required by the compliance directives and continuing compliance
reports as received shall be retained for at least three years under the
provisions of 40CFR403.112(n).
The Superintendent, or his/her designee, shall notify
significant industrial users of applicable pretreatment standards and any
RCRA requirements as described in 40 CFR, Part 403.8(f)(2)(iii). By
reporting the results of Village of Addison sampling and analysis to
industrial users, the Superintendent, or his/her designee, will provide
feedback to users on compliance status and inform industrial users of their
compliance with Addison's enforcement requirements and Addison's general
responses to instances of noncompliance.
Sec.
23-34d.3. Sampling and Inspection of Industrial Users.
The Superintendent shall
prepare and continually update an inspection plan for field investigations
including sample collection, facility inspections and flow monitoring.
Field investigations shall be used to verify compliance status, to monitor
industrial user self‑monitoring activities, to collect samples, to initiate
emergency or remedial action and to gather additional information. Village
of Addison personnel may conduct routine compliance monitoring or special
monitoring in response to violations, technical problems or support for
permit modifications. The Superintendent shall further develop such
checklists, procedures, and frequencies for routine inspections and sampling
as are necessary to assure that the results of each visit are documented and
notify industrial users of any deficiencies found during any inspection
and/or inspection POTW sampling and inspections of all SIU's shall be in as
outlined in 40CFR403.8(f)(2)(v). Investigation and/or sampling collection
follow-up reports shall be mailed to the IU within 30 days following the
inspection and/or sample collection results. The Superintendent shall
advise Region V of the Environmental Protection Agency and the Illinois
Environmental Protection Agency of its routine and special field
investigation activities each year. Joint investigations of industrial
users with the Environmental Protection Agencies may be conducted by mutual
agreement.
Sec.
23-34d.4. Compliance Screening.
Using all available information, the Superintendent, or
his/her designee, shall conduct an initial compliance review or screening
process to determine and assess compliance with schedules, reporting
requirements and applicable pretreatment standards within five (5) working
days. Such screening shall be undertaken at quarterly Discharge Monitoring
Report (DMR) Submittal Review. Reviews completed under this section are
designed to identify apparent violations rather than determining an
appropriate enforcement response to such apparent violations.
During the screening process, the reviewer shall verify
that any required reports are submitted on schedule, that they cover the
proper time period, include all information required in the particular
report and are properly signed. As part of this process, the reviewer will
compare the information supplied with the requirements in the industrial
user's permit. Discrepancies between information provided and information
required by Chapter 23 and/or the Industrial Users Permit shall be
considered to be a violation of the ENVIRONMENTAL MANAGEMENT SYSTEM. To the
extent possible, the industrial user will be required to correct such
discrepancies immediately upon their discovery.
Sec.
23-34e. Enforcement Procedures. [back
to top]
Sec.
23-34e.1. Enforcement Evaluation.
Violations and
discrepancies identified during the compliance screening process will be
reviewed by the Superintendent, or his/her designee, within five (5) working
days to evaluate the type of enforcement response required. The enforcement
response guide will be used for this determination, however, enforcement
shall be initiated within 30 days, unless the violation threatens health,
property, or the environment, which in those cases, the violations shall
receive immediate response.
The Public Works
Superintendent, or his/her designee, will set deadlines for industrial users
to respond to letters of violation. If contacts and commitments are oral,
they will be confirmed in writing to preserve the record.
Sec.
23-34e.2. Significant Noncompliance (SNC).
After completion of the
compliance screening, violations will be characterized and a determination
made as to whether the user is in Significant Noncompliance (SNC). Certain
instances of noncompliance are not of sufficient impact to justify extensive
enforcement actions. However, certain violations or patterns of violations
are significant and must be identified as such. Such Significant
Noncompliance (SNC) may be on an individual or long‑term basis of
occurrence. Categorization of industrial users as being in Significant
Noncompliance (SNC) allows Addison to establish priorities for enforcement
action and provides a means for reporting on the significant industrial user
performance summary. Instances of SNC are industrial user violations which
meet one or more of the following criteria and/or criteria as set forth in
40CFR403.8(f)(2)(vii):
a) Violations of Wastewater Discharge Limits.
1)
Chronic Violations. A pattern of
significantly violating applicable pretreatment standards and/or
requirements set forth in Village of Addison, Chapter 23, or IPT Permit,
indicated by sixty‑six percent (66%) or more of all the measurements taken
for the same pollutant parameter taken during a six- (6-) month period
exceed (by any magnitude) a numeric Pretreatment Standard or Requirement,
including Instantaneous Limits as defined,
or
2)
Technical Review Criteria (TRC) Violations.
Equal to or greater than thirty‑three percent (33%) of the measurements
exceed the same daily maximum limit or the same average limit, including
Instantaneous Limits as defined, by more than the TRC in a six month
period. The Technical Review Criteria (TRC) for BOD, TSS and Oil and Grease
is 1.4 X limit. All other pollutants are 1.2 X limit except pH, or
3) Any
other violation or violations of an effluent limit (daily maximum,
Instantaneous Limit, or longer-term average) that has or have caused, alone
or in combination with other discharges, interference (e.g. slug loads or
contamination of sludge) or pass‑through as defined in Chapter 23; or
endangered the health of Village of Addison personnel or the public, or
4) Any
discharge of a pollutant which has caused imminent endangerment to human
health/welfare or to the environment and resulted in the Village of Addison
exercise of its emergency authority to halt or prevent such a discharge.
5)
Violations of compliance schedule milestones, contained in compliance
directive or plan approved following a Compliance Directive, for starting
construction, completing construction, and attaining final compliance by 90
days more after the schedule date, unless due to good and valid cause.
6)
Failure to provide reports for compliance schedules, self-monitoring data,
or categorical standards (baseline monitoring reports, 90‑day compliance
reports, and periodic reports), within 45 calendar days from the due date.
When Addison returns such reports to a permittee because they are
incomplete, inaccurate or improper, failure to resubmit corrected reports
within 45 days to the Village of Addison.
7)
Failure to accurately report
8)
Reporting false information
9)
Failure to install monitoring
facilities.
10)
Discharging without permit or approval or when such discharge causes, alone
or in combination with other discharges, interference or pass‑through
including endangerment to the health of POTW personnel or the general
public.
11)
Refusal by significant industrial user to allow access by Addison POTW
personnel to its premises with proper ID.
12)
Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining final
compliance.
13) Any
other violation(s), which may include a violation of Best Management
Practices, which the Director of Public Works determines will
adversely affect the operation or implementation of the industrial
pretreatment program.
14) Any
other a violation or group of violations of similar nature to those set
forth in Paragraphs A(1)‑(14) which the Village of Addison considers to be
significant.
When an industrial user is
in Significant Noncompliance (SNC), the Village of Addison shall (1) report
such information to the Environmental Protection Agency Region V part of the
Pretreatment Annual Report; (2) list the industrial user in the Village of
Addison newspaper in accordance with 40CFR403.8(f)(2)(viii) as having
significant violations; and (3) address the Significant Noncompliance (SNC)
through appropriate enforcement action.
Section 23-34e.3. -
Affirmative Defenses to Discharge Violations
a) Upset
1) For
the purposes of this section, upset means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical
Pretreatment Standards because of factors beyond the reasonable control of
the user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or
improper operation.
2) An upset shall constitute an affirmative defense to an action
brought for noncompliance with categorical pretreatment standards if the
requirements of paragraph (3), below, are met.
3) A user who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
A. An upset occurred and the user can identify the
cause(s) of the upset;
B. The facility was at the time being operated in a
prudent and workman-like manner and in compliance with applicable operation
and maintenance procedures; and
C. The user has submitted the following information to
the Superintendent, or his/her designee, within twenty-four (24) hours of
becoming aware of the upset (if this information is provided orally, a
written submission must be provided within five (5) days):
i. A description of the indirect discharge
and cause of noncompliance;
ii The period of noncompliance, including
exact dates and times or, if not corrected, the anticipated time the
noncompliance is expected to continue; and
iii Steps being taken and/or planned to
reduce, eliminate, and prevent recurrence of the noncompliance.
4) In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
5) Users will have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
6) Users shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment standards
upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost, or
fails.
b) Prohibitive
Discharge Standards
1) A
user shall have an affirmative defense to an enforcement action brought
against it for noncompliance with the general prohibitions in Section
23-32b.(a) of this Chapter or the specific prohibitions in Section
23-32b.(b) through Section 23-32(e) [not including 23-32b.(b)(1) and
23-32b.(b)(3)] of this Chapter if it can prove that it did not know, or have
reason to know, that its discharge, alone or in conjunction with discharges
from other sources, would cause pass through or interference and that
either:
A. A local limit exists for each
pollutant discharged and the user was in compliance with each limit directly
prior to, and during, the pass through or interference; or
B. No local limit exists, but the
discharge did not change substantially in nature or
constituents from the
user’s prior discharge when the Village of Addison was regularly in
compliance with its NPDES permit, and in the case of interference, was in
compliance with applicable sludge use or disposal requirements.
c)
Bypass
1) For
Purposes of this Section,
A. Bypass means the intentional diversion of wastestreams from any
portion of a User’s treatment facility.
B. Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
2) A
user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not
subject to the provision of paragraph (3) and (4) of this section.
3) Bypass Notifications
A. If a user knows in advance of the need for a bypass,
it shall submit prior notice to the Superintendent, or his/her designee, at
least ten (10) days before the date of the bypass, if possible.
B. A user shall submit oral notice to the
Superintendent, or his/her designee, of an unanticipated bypass that exceeds
applicable pretreatment standards within twenty-four (24) hours from the
time it becomes aware of the bypass. A written submission shall also be
provided within five (5) days of the time the user becomes aware of the
bypass. The written submission shall contain a description of the bypass
and its cause; the duration of the bypass, including exact dates and times,
and, if the bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the bypass. The Superintendent, or his/her
designee, may waive the written report on a case-by-case basis if the oral
report has been received within twenty-four (24) hours.
4) Bypass
A. Bypass is prohibited, and the Superintendent, or
his/her designee, may take enforcement action against a User for a bypass,
unless
i. Bypass was
unavoidable to prevent loss of life, personal injury, or severe property
damage;
ii. There were no
feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
back-up equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
iii. The user submitted
notices as required under paragraph (3) of this section.
B. The Superintendent, or his/her
designee, may approve an anticipated bypass, after considering its adverse
effects, if the Superintendent determines that it will meet the three
conditions listed in paragraph (4)(A.) of this section.
Sec.
23-34f. Enforcement Actions. [back
to top]
INFORMAL AND FORMAL MEANS OF
ENFORCEMENT
Means of enforcement available to the Village of Addison
are:
Informal Actions
- Informal Notice to Industrial User, including
verbal warnings by telephone or in person.
- Compliance Inquiry Letter
- Informal Review Meetings
- Other informal actions as deemed necessary by
Addison POTW
Formal Actions
- Notice of Violation
- Pre‑enforcement Compliance Meeting
- Compliance Directives
- Enforcement Compliance Monitoring
- Administrative Penalties
- Civil Penalties
- Revocation of Permit
Procedures
- Order to Show Cause Regarding Disconnection and
Appeal Procedure
- Termination of Service
- Civil Suit for Injunctive Relief
- Other Formal Actions as deemed necessary by
Addison POTW
Description of Enforcement Activities / POTW Officials
Who Are Responsible For Enforcement Response Initiation
The categories of enforcement activities are described in
the succeeding paragraphs. No enforcement procedure outlined within this
section, or the Enforcement Response Guide is contingent upon the completion
of any less informal or formal procedure. For particularly severe
violations as defined, Formal Enforcement Compliance Actions may be initiated
immediately without the use of Letters of Violation, Compliance Meeting,
Compliance Schedules and/or Compliance Directives. The POTW
Officials who shall be responsible for the initiation of enforcement
procedures shall be the Public Works Director, Superintendent of Public Works,
the Environmental Compliance Coordinator, or the Industrial Pretreatment
Inspector.
The Environmental Compliance Coordinator and Pretreatment
Inspector shall be responsible for the inspection of all facilities, review of
records, and determination of compliance with reporting requirements and
effluent standards. The Environmental Compliance Coordinator shall determine
the appropriate level of enforcement, and carry out all informal actions, and
formal actions up to and including Civil Penalties.
The Director or Superintendent of Public Works shall
carry out all enforcement action above Civil Penalties, to include Revocation
of Permit, Show Cause Hearing, Termination of Service, and Injunctive Relief.
Sec.
23-34f.1. Informal Actions.
Informal
Notice to Industrial User. Informal notice consists of personal contact,
telephone calls or reminder letters to an appropriate official of an industrial
user. The Environmental Services Superintendent may use such a call or letter
to notify industrial user of a minor violation and to seek an explanation,
suggest the exercise of more due care or notify the violator that subsequent
violation of the same type may be dealt with more severely. Such informal
notice may be used to correct minor inadvertent noncompliance and to demonstrate
that the Village will note and follow up on all instances of noncompliance.
Instances of informal notice shall be reduced to writing to preserve the record.
Sec.
23-34f.1.a. Compliance Inquiry Letter (CIL)
A
Compliance Inquiry Letter (CIL) is a written notice to the industrial user that
the Addison POTW has observed a violation of pretreatment standards or
requirements and expects the noncompliance to be corrected and explained
together with a statement that additional enforcement action may be pursued if
corrections are not accomplished in a timely manner. A Compliance Inquiry
Letter (CIL) shall also state that an explanation of the violation does not
excuse it or any previous violations. Compliance Inquiry Letter (CIL) may be
sent to certified mail, return receipt requested, with copies maintained in the
industrial user's file.
Sec.
23-34f.1.b. Informal Review Meetings.
Where
violations of Village of Addison Chapters have occurred, or appear to have
occurred, the user may be notified by the Superintendent, in writing, as to the
particulars of the violation and call for a voluntary meeting with the
industrial user. The meeting held shall be called an Informal Review Meeting.
Informal Review Meetings are intended to provide a voluntary means of preventing
future violations of Addison's Pretreatment Program.
Sec.
23-34f.2. Formal Actions.
Sec.
23-34f.2.a. Pre-Enforcement Compliance Meeting.
In cases
where, following a review meeting, continued violations occur or where
violations of themselves are either of significant magnitude of duration, a user
may be required through a "Notice of Violation" (NOV) to attend a
"Pre-Enforcement Compliance Meeting"(PEC). The Notice of Violation (NOV) shall
contain the particulars of such violation(s) and set a time and place for the
Pre-Enforcement Compliance Meeting. Attendance is mandatory by the industrial
user and failure to comply with such a notice may result in an order for Show
Cause Hearing or suit for fines or penalties or such other remedies as are
provided by Village Chapter 23. The Pre-Enforcement Compliance Meeting (PECM)
shall establish procedures, investigations, studies and compliance measures as
the Village deems necessary and desirable to control and prevent violation of
this Chapter 23. The industrial user shall cooperate fully with the Village in
making such investigations and studies. Following the completion of the PEC
Meeting, as described in Section 23-34f., the Village may issue compliance
directive(s), or enter into a consent order, specifying actions to be
undertaken. Actions may include studies to identify and solve the problem,
installation of pretreatment, and/or other actions deemed necessary. Time
tables may be established to complete any such actions as are required. Failure
to comply with Compliance Directive(s) from the Village of Addison shall be
deemed a violation of the provisions of this Chapter and may be grounds for
Enforcement Compliance Monitoring, revocations of the Industrial Users
Wastewater Discharge Permit, and/or grounds for such other action as may be
authorized for violation of Chapter 23.
Sec.
23-34f.2.b. Issuance of Citations.
Issuance
of Citations for violations of the Terms and Conditions of this Chapter.
Issuance of citations is as outlined in Section 23-35a.
Sec.
23-34f.2.c. Order To Show Cause Regarding Disconnection and Appeal Procedure.
The Village may order any user who causes or allows
an unauthorized discharge or violates Addison’s pretreatment program to
show cause before the Village of Addison Board of Trustees why the Village
of Addison Board of Trustees or its designee, should not revoke the user's
wastewater discharge permit or take such other enforcement action as is
dictated by the facts of the case. The Public Works Director, or
designee, shall issue such Orders for Show Cause Hearings and they shall
be served upon the user specifying the time and place of a hearing to be
held by the Board of Trustees, or its designee, of the Village of Addison
regarding the violations, the reasons why the action is to be taken, the
proposed enforcement action and shall direct the user to show cause before
the Board why such action should not be taken. The notice of hearing
shall be served personally or by certified or registered mail. Service
may be made on any agent or officer of a corporation or agent of a
partnership. Show Cause Hearings shall be conducted by the Board of
Trustees, or its designee, as specified in Village Chapter 23.
Subpoenas shall be issued by the Mayor of the Village
of Addison, or designee, upon request of any party to compel attendance of
witnesses at such hearing. All testimony shall be under oath in
accordance with rules of procedure and evidence developed by Addison's
Board of Trustees for the conduct to show cause hearings.
Following such hearing, Addison's Board of Trustees
may take such action as it deems appropriate in the circumstances,
including, but not limited to/seeking injunctive relief, revocation of
permit, direction that discharge be ceased immediately or after a
specified period of time, that suit be instituted against the industrial
user to collect fines and penalties or to terminate service or for such
other purposes as directed by Addison Board of Trustees. A formal notice
of the hearing results shall be sent, by certified or registered mail, to
the Industrial User.
In the event a User is dissatisfied with the final
hearing decision, the User shall file a written protest to the Village of
Addison, Board of Trustees within 10 days of receipt of the notice. An
Arbitration Board
shall be formed by the Public Works
Director, or his designee, comprised of one attorney appointed by the
Village of Addison, one attorney appointed by the User, and one selected
and agreed to by the two appointees. The final ruling by a majority of the
Arbitration Board shall be binding to both parties, and the costs for
services of the Arbitration Board shall be shared equally by both parties.
Sec.
23-34f.2.d. Revocation of Permit.
a) Conditions for
Revocation
Any User who
violates Chapter 23, its permit, the Illinois Environmental Protection Act
or the Federal Act, or regulations promulgated under either act, or any of
the following, is subject to having its permit revoked in accordance with
the procedures of this Section 23-34f.2.d.
1)
Failure of a User to factually report the wastewater constituents and
characteristics of its discharge as determined by the User's or Village
analysis;
2)
Failure of the User to report significant changes in process activity or
wastewater constituents and characteristics;
3)
Refusal of reasonable access to the User's premises by Village
representatives for the purpose of inspection or monitoring; or
4)
Tampering with, disrupting, or destroying Village equipment.
5)
Failure to report an accidental discharge of a pollutant.
6)
Failure to report an upset of User's treatment facilities.
7)
Violations of conditions of the permit.
8)
Failure to comply with Compliance Directives as outlined in Section
23-34f.2.
b) Procedures for
Revocation
1) The
Village may order any User who causes or allows any action which is
subject to revocation under Section 23-34f. above to show cause before the
Village of Addison Board of Trustees, or its designee why its permit
should not be revoked. A notice shall be served on the User specifying
the time and place of hearing to be held by the Village of Addison Board
of Trustees or its designee regarding the violation, the reasons why the
action is to be taken, the proposed action, and directing the User to show
cause before the Village of Addison Board of Trustees or its designee why
its wastewater discharge permit should not be revoked. The notice of the
hearing shall be served personally or by registered or certified mail,
return receipt requested, at least ten (10) days prior to the hearing.
Service may be made on any agent or office of a corporation.
2) The
Village of Addison Board of Trustees or its designee may conduct the
hearing and take the evidence, and may:
A) Issue notices of hearing requesting the attendance and
testimony of witnesses and the production of evidence relevant to any
matter involved in such hearing;
B) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Village of Addison Board of Trustees or its designee for action thereon.
3) At
any hearing held pursuant to this Chapter, testimony taken must be under
oath and recorded steno-graphically. The transcript, so recorded, will be
made available to any member of the public or any party to the hearing
upon payment of the usual copying charges therefore.
4)
After the Village of Addison Board of Trustees or its designated hearing
officer(s) has reviewed the evidence, it may issue an order to the User
responsible for the discharge directing either
A) that the discharge permit be revoked and the service be
disconnected or
B) that following a specified time the permit shall be revoked and
sewer service discontinued unless adequate treatment facilities, devices
or other related appurtenances have been installed and operated properly
to comply with the discharge permit or
C) direct the User to cease the unauthorized discharged effective
after a specified period of time or
D) that such other relief as deemed necessary by the Village of
Addison Board of Trustees or its designated hearing officer(s) to abate
the discharge be granted. Further orders and directives as are necessary
may be issued.
5)
Following an order of revocation, the User shall cease discharging to the
Village POTW. Failure to do so shall be evidence of continuing harm to
Village and provide grounds for the granting of injunctive relief or
temporary restraining orders.
c) Appeal
Procedure
1) The
Appeal Procedure for the Industrial User shall be as outlined in Section
23-34f.2.c
Sec.
23-34f.2.e. Immediate Disconnection of Service.
a) Conditions for Immediate Disconnection of Service
Any User is
subject to immediate disconnection of service under either of the
following conditions:
1)
Whenever immediate disconnection is required to halt or prevent any
discharge of pollutants to the POTW which reasonably appears to the
Village to present an imminent endangerment to the health or welfare of
persons; or
2)
Whenever the User's Wastewater Discharge Permit is revoked.
b) Procedures for
Immediate Disconnection
1) Not
withstanding Sections 23-34f.(2), 23-34f.(2)(c) or 23-34f. (2)(d), the
Public Works Director shall have the authority, after informal notice to
the User, to immediately and effectively halt or prevent any discharge of
pollutants to the POTW that reasonably appears to present an imminent
endangerment to the health or welfare of persons. When the Director of
Public Works determines that such an emergency situation exists, he shall
issue a verbal order (followed by a written order) to the User stating the
problem and requiring immediate cessation and desist of the discharge.
The Director actions may include disconnection of wastewater collection
service. The Director shall obtain the concurrence of the Village
Attorney before initiating action. Methods of informal notice shall
include, but not be limited to, any of the following: personal
conversation between User and Village employees, telephone calls, letters,
hand delivered messages or notices posted at the User's premises or point
of discharge.
Sec.
23-34f.2.f. Elimination of Discharge/Reinstatement.
Any user notified of a
disconnection of wastewater treatment service under Sections 23-34f.(2) or
23-34f.(2)(e) and/or revocation of its Wastewater Discharge Permit shall
immediately stop or eliminate the discharge. In the event of a failure of
the User to comply voluntarily with the disconnection or revocation order,
the Village shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the
POTW system or danger to any individuals. The Public Works Director shall
reinstate the Discharge Permit and/or the wastewater treatment service
upon proof of the elimination of the non‑complying discharge.
Sec.
23-34f.2.g. Injunctive Relief.
The
Village may institute a civil action for an injunction to restrain continuing
violations of Chapter 23.
Sec.
23-34g. Additional Remedies. [back
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a) In addition to
remedies available to Village set forth elsewhere in Chapter 23, if the
Village is fined by the State of Illinois or USEPA for violation of the
Village NPDES Permit or violation of water quality standards as the result of
a discharge of pollutants, then the fine, including all Village legal,
sampling, analytical testing costs and any other related costs shall be
charged to the responsible User. Such charge shall be in addition to, and not
in lieu of, any other remedies Village may have under Chapter 23, statutes,
regulations, at law or in equity.
b) If the discharge
from any User causes a deposit, obstruction, or damage to any of the Village
wastewater facilities, the Director of Public Works shall cause the deposit or
obstruction to be promptly removed or cause the damage to be promptly
repaired. The cost for such work, including materials, labor, and
supervision, shall be borne by the person causing such deposit, obstruction,
or damage.
c) The remedies
provided in Chapter 23 shall not be exclusive and the Village may seek
whatever other remedies are authorized by statute, at law or in equity against
any person violating the provisions of Chapter 23.
d) In addition to any
fine levied under Section 23-35, the Village may, where the circumstances of
the particular case so dictate, seek injunctive relief to prohibit the User
from discharging into the sanitary sewer system, or to provide such other
affirmative relief as may be appropriate.
