HomeMy WebLinkAboutORDINANCE - 2777 - 9/12/2000 - SEWERS & WASTEWATER TREATMENTORDINANCE NO. 2777
AN ORDINANCE ADOPTING ORDINANCE NO 69-99 OF THE VILLAGE OF
BENSENVILLE AND THE RULES AND REGULATIONS CONTAINED THEREIN
CONCERNING SEWERS AND WASTEWATER TREATMENT AND THE GENERAL
PRETREATMENT PROGRAM ASSOCIATED THEREWITH
BE IT ORDAINED, by the President and Board of Trustees of
the Village of Elk Grove Village, Counties of Cook and DuPage
Illinois as follows:
Section 1: That Section 7-4-1 of Chapter 4, Wastewater
Pretreatment for DuPage County property of Title 7 of the Village
Code of the Village of Elk Grove Village be in the same is hereby
amended to read as follows:
SECTION 7-4-1 PRETREATMENT REGULATIONS: Bensenville Service
Area: There is hereby adopted as and for regulations with
respect to the general pretreatment program regulating use
of sewers for property located in Elk Grove Village within
DuPage County and which property is serviced by the Village
of Bensenville's treatment facility, the ordinance and
regulations duly adopted by the Village of Bensenville on
December 7, 1999, entitled An Ordinance Amending Village
Code Title 8, Public Ways and Property Chapter 6, Sewers
and Wastewater Treatment Article 8, General Pretreatment
Program, three (3) copies of which are on file in the
Office of the Village Clerk of Elk Grove Village. Elk
Grove Village hereby designates the Village of Bensenville
as the primary enforcement authority with respect to the
regulations and provisions as set forth in the ordinance
above adopted.
Section 2: All Ordinances in conflict herewith are hereby
repealed to the extent of said conflict.
Section 3: That the Village Clerk is authorized to publish
this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication
according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT:_
PASSED this 12th day of September 2000.
APPROVED this 12thday of September 2000.
APPROVED:
Craig B. .Johnson
Village President
ATTEST:
Ann I. Walsh
Village Clerk
PUBLISHED this 15th day of September , 2000 in Pamphlet Form.
ORDINANCE # 69 -99
AMENDING VILLAGE CODE
TITLE 8, PUBLIC WAYS AND PROPERTY
CHAPTER 6, SEWERS AND WASTEWATER TREATMENT
ARTICLE A, GENERAL PRETREATMENT PROGRAM
BE IT ORDAINED by the President and Board of Trustees of the Village of
Bensenville, Canities of DuPage and Cook, l] mis, as follows:
SECTION ONE: That the Bensenville Village Code, Title 8, Public Ways and Property,
Chapter 6, Sewers and Wastewater Treatment, Article A, General Prat Program is
hereby repealed and replaced in its entirety with a new Title 8, Chapter 6, Article A, a copy of
which is attached hereto and made a part hereof.
SECTION TWO: All ordinances in conflict herewith are repealed to the extent of said
conflict.
This ordinance is in full force and effect from and after passage and publication
according to law.
PASSED AND APPROVED by the President and Board of Trustees at the Village of
Bensenville, this 7th day of December 1 1999.
John C.
Village
ATTEST:
Lynn D. Hutcherson
Deputy Village Clerk
AYES: Basso, Kervin, Strandt, Tralewski, Walberg, Wanzung
NAYS: None
ABSENT: None
Chapter 6
Sewer and Wastewater Treatment
® Article A. General Pretreatment Program
® TABLE OF CONTENTS
Section Page
8-6A-1: GENERAL PROVISIONS
1.1 Enforcement.............................................................................................................4
1.2 Purpose and Policy ...............................................................4
1.3 Administration.........................................................................................................5
1.4 Jurisdiction...............................................................................................................5
1.5 Funding....................................................................................................................5
1.6 Abbreviations...........................................................................................................6
1.7 Definitions ................................................................................................................7
8-6A-2: GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards.............................................................................17
2.2 National Categorical Pretreatment Standards........................................................20
2.3 Local Limits...........................................................................................................21
2.4 Right of Revision...................................................................................................22
2.5 Sampling Facilities.................................................................................................22
8-6A-3: PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities............................................................................................23
p^ 3.2 Additional Pretreatment Measures.........................................................................23
3.3 Accidental Discharge/Slug Control Plans..............................................................24
3.4 Hauled Wastewater................................................................................................25
8-6A-4:
WASTEWATER DISCHARGE PERMIT APPLICATION
4.1
Wastewater Analysis..............................................................................................26
4.2
Wastewater Discharge Permit Requirement..........................................................26
4.3
Wastewater Discharge Permitting: Existing Connections.....................................26
4.4
Wastewater Discharge Permitting: New Connections...........................................27
4.5
Wastewater Discharge Permit Application Contents.............................................27
4.6
Application Signatories and Certification.......:......................................................28
4.7
Wastewater Discharge Permit Decisions...............................................................28
8-6A-5:
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1
Wastewater Discharge Permit Duration.................................................................28
5.2
Wastewater Discharge Permit Contents.................................................................29
5.3
Wastewater Discharge Permit Appeals..................................................................30
5.4
Wastewater Discharge Permit Modification..........................................................31
5.5
Wastewater Discharge Permit Transfer.................................................................31
5.6
Wastewater Discharge Permit Revocation... - - . ............ ......................................
32
5.7
Wastewater Discharge Permit Reissuance.............................................................33
5.8
Regulation of Waste Received from Other Jurisdictions.......................................33
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
TABLE OF CONTENTS (Continued)
Section Pace
8-6A-6:
REPORTING REQUIREMENTS
6.1
Baseline Monitoring Reports.................................................................................34
6.2
Compliance Schedule Progress Reports................................................................36
45
6.3
Reports on Compliance with Categorical Pretreatment Standard Deadline
.......... 37
6.4
Periodic Compliance Reports................................................................................37
6.5
Reports of Changed Conditions.............................................................................38
6.6
Reports of Potential Problems...............................................................................38
6.7
Reports from Unpermitted Users...........................................................................39
6.8
Notice of Violation/Repeat Sampling and Reporting............................................39
6.9
Notification of the Discharge of hazardous Waste...............................................39
6.10
Analytical Requirements........................................................................................40
6.11
Sample Collection..................................................................................................41
6.12
Timing....................................................................................................................41
6.13
Record Keeping.....................................................................................................41
8-6A-7: COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling..
7.2 Search Warrants ........................................
8-6A-8: CONFIDENTIAL INFORMATION.........
...................................42
...................................43
....................................43
8-6A-9: PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE .................. 44
8-6A-10:
ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1
Notification of Violation........................................................................................45
10.2
Consent Orders... ............ .................................... ..................................................
45
10.3
Show Cause Order.................................................................................................46
10.4
Compliance Orders................................................................................................46
10.5
Cease and Desist Orders........................................................................................47
10.6
Emergency Suspensions.........................................................................................47
10.7
Termination of Discharge......................................................................................48
8-6A-1 l: JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief .........................................
11.2 Civil Penalties .............................................
11.3 Remedies Nonexclusive ..............................
if
......49
......49
......50
H
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
TABLE OF CONTENTS (Continued)
Section
8-6A-12: SUPPLEMENTAL ENFORCEMENT ACTION
Page
12.1
Performance Bonds................................................................................................51
12.2
Liability Insurance.................................................................................................51
12.3
Water Supply Severance
........................................................................................51
12.4
Public Nuisances....................................................................................................52
12.5
Contractor Listing..................................................................................................52
8-6A-13: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset......................................................................................................................52
13.2 Bypass....................................................................................................................54
8-6A-14: MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees.......
15.2 Severability .....................................
8-6A-15: EFFECTIVEDATE .........................
......................................55
......................................................55
.......56
Chapter 6 '
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-1: GENERAL PROVISIONS is
8-6A-1.1 Enactment
Pursuant to the requirements of Title I of the Clear Water Act Amendments and
regulations promulgated thereunder, the Illinois Environmental Protection Act of 1970, as
amended, and in accordance with Illinois Municipal Code, this Article is hereby enacted by the
Board of Trustees.
8-6A-1.2 Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publicly Owned
Treatment Works for the Village of Bensenville and enables the Village of Bensenville to
comply with all applicable State and Federal laws, including the Clean Water Act (33 United
States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal
Regulations Part 403). The objectives of this ordinance are; `
A. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will pass through the Publicly Owned Treatment Works, inadequately
treated, into receiving waters, or otherwise be incompatible with the Publicly
Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who may be affected
by wastewater and sludge in the course of their employment and the general
public;
D. To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works;
E. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works; and
4
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
F. To enable the Village to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other
Federal or State laws to which the Publicly Owned Treatment Works is subject.
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The
ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the'equitable distribution of costs resulting
from the program established herein.
8-6A-1.3 Administration
Except as otherwise provided herein, the Supervisor/Pretreatment Coordinator shall
administer, implement, and enforce the provisions of this ordinance. Any powers granted to or
duties imposed upon the Supervisor/Pretreatment Coordinator may be delegated by the
Supervisor/Pretreatment Coordinator to other Village personnel.
8-6A-1.4 Jurisdiction
This Article shall apply to the Village of Bensenville and to persons outside the Village
who are, by contract or agreement with the Village, users of the Village POTW, including all
dischargers located within the Elk Grove service area, as defined by the Joint Wastewater
Service Agreement of 1999 entered into by and between the Village of Bensenville and Elk
Grove Village.
8-6A-1.5 Funding
It is the intent of the Village to pass all costs of the program to industrial users. The
charges following shall apply to those dischargers subject to the pretreatment program and are
based on water usage:
9
Monthly Water Usage (gallons)
0 - 1,000
1,000 - Infinity
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
►swJ
Monthly Charge
$5.60
Addition $0.60 per 1,000 gallon
Billing shall be based on the billing cycle for water and sewer and shall be added on to
the water and sewer bill. The rates or charges for pretreatment service shall be payable
monthly. The owner of the premises, the occupant thereof, and the user of the service
shall be jointly and severally liable to pay for the service to such premises and the service
is furnished to the premises by the Village only upon the condition that the owner of the
premises, occupant and user of the service are jointly and severally liable therefore to the
Village,
If the charge for such services is not paid within twenty (20) days after billing date, the
account will be charged a ten percent (10%) penalty. If a partial payment is made, the
penalty is also to the unpaid delinquent balance. If the account remains delinquent after
an additional thirty (30) days which includes the final notice period, such services shall
be discontinued and shall not be reinstated until all unpaid charges and a one hundred
($100.00) tum -on fee have been paid in full, either in U.S. currency or by a certified
negotiable instrument.
8-6A-/.6 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
BOD
- Biochemical Oxygen Demand
CFR
- Code of Federal Regulations
COD
- Chemical Oxygen Demand
EPA
- U.S. Environmental Protection Agency
gpd
- gallons per day
mg/I
- milligrams per liter
NPDES
- National Pollutant Discharge Elimination System
POTW
- Publicly Owned Treatment Works
RCRA
- Resource Conservation and Recovery Act
SIC
- Standard Industrial Classification
TSS
- Total Suspended Solids
U.S.C.
- United States Code
2
Chapter 6
` Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-1.7 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in
this ordinance, shall have the meanings hereinafter designated.
A as in "Cyanide -A": Amenable to alkaline chlorination.
,Pet or "the Act." The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Authorized Representative of the User.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a 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
(b) The manager of one or more manufacturing, production, or
operation facilities employing more than two hundred fifty (250)
persons or having gross annual sales or expenditures exceeding
twenty-five (25) million dollars (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively.
(3) If the user is a Federal, State, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate
another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the company,
and the written authorization is submitted to the Village of Bensenville.
Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
i biochemical oxidation of organic matter under standard laboratory procedures for
five (5) days at 20' centigrade, usually expressed as a concentration (e.g., mg/1).
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
BYPASS: The intentional diversion of waste streams
from any portion of an industrial user's
treatment facility.
CATEGORICAL
Any regulation containing pollutant
PRETREATMENT
discharge limits promulgated by. EPA in
STANDARD OR
accordance with Sections 307(6) and (c) of
CATEGORICAL
the Act (33 U.S.C. § 1317) which apply to
STANDARD:
a specific category of users rrith a
Categorical Pretreatment Standard
Deadline.
CHEMICAL OXYGEN
oxidant (standard potassium dichromate
DEMAND (COD):
solution) under standard laboratory
procedures as described m standard
methods.
COMBINED WASTE
The formula set forth in 40 CFR section
STREAM FORMULA:
403.6(e).
t COMPATIBLE
Biochemical oxygen demand, chemical
POLLUTANT:
oxygen demand, FOG, suspended solids,
ph and fecal coliform, bacteria.
COMPOSITE SAMPLE:
CONSISTENT POTW
TREATMENT WORKS
REMOVAL, POLLUTION
REMOVAL OR REMOVAL:
A sample of wastewater based on a flow
proportional or time proportional method.
Reduction in the amount of pollutant or
alteration of the nature of concentration of
a pollutant in the influent of the POTW to a
less incompatible or concentrated state in
the effluent. Consistent Village removal
efficiency shall be the difference between
the average concentration of the pollutant
in the influent of the treatment plant and
the average concentration of the pollutant
in the effluent of the treatment plant
divided by the average concentration of the
pollutant in the influent.
COOLING WATER: The water discharged from any use such as
air conditioning, cooling or refrigeration, to
which the only pollutant added is heat.
0
7
EXISTING SOURCE:
FATS, OIL, OR GREASE
(FOG):
FECAL COLIFORM:
FLOW:
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Any building, structure, facility or
installation from which there is or may be a
discharge, which is not a new source.
Any hydrocarbons, fatty acids, soaps, fats,
waxes, oils and any other material that is
extracted by trichlorotrifluoroethane
solvent or other method approved by the
USEPA.
Any number of organisms common to the
intestinal tract of man and animals whose
presence in sanitary sewage is an indicator
of pollution.
Volume of wastewater per unit of time.
GARBAGE: Solid wastes from the domestic and
commercial preparation, cooling and
dispensing of food, and from the
commercial handling, storage and sale of
produce.
GRAB SAMPLE: A sample which is taken from a waste
stream on a one-time basis without regard
to the flow in the waste stream and without
consideration of time.
INCOMPATIBLE
POLLUTANT:
INDIRECT DISCHARGE OR
DISCHARGE:
INDUSTRIAL USER:
M
All pollutants other than compatible
pollutants, as defined in this Chapter.
The introduction of pollutants into a
POTW from any non-domestic source
regulated under section 307(b),(c) or (d) of
the Act.
A source of indirect discharge, including
but not limited to, a manufacturing or
processing facility, or other facility
engaged in the purchase or sale of goods,
transaction of business or rendering of
services to the public.
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
INTERFERENCE: A discharge by any industrial user which
alone or in conjunction with discharges by
other sources, inhibits or disrupts the
POTW, its treatment processes or
operations, or its sludge processes, use of
disposal and which is a cause of a violation
of any requirement of the POTW's NPDES
permit (including an increase in the
magnitude or duration of a violation) or of
the prevention of sewage or sludge use or
disposal by the POTW in accordance with
the following statutory provisions and
regulations or permits issued thereunder (or
more stringent State or local regulations):
section 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA)
(including title U, more commonly referred
to as the Resource Conservation and
Recovery Act [RCRA] and including State
regulations contained in any State sludge
management plan prepared pursuant to
subtitle D or SWDA) the Clean Air Act,
the Toxic Substance Control Act, and the
Marine Protection Research and
Sanctuaries Act.
NATIONAL CATEGORICAL Any regulation containing pollutant
PRETREATMENT discharge limits promulgated by the
STANDARD: USEPA in accordance with section 307(b)
and (c) of the Act (33 USC 1347) that
applies to a specific category of industrial
users.
NATIONAL POLLUTANT A permit issued under the national
DISCHARGE ELIMINATION pollutant discharge of elimination system
SYSTEM PERMIT (NPDES for discharge of wastewaters to the
PERMIT): navigable waters of the United States
pursuant to the Act.
NEW SOURCE: Any building, structure, facility,
remodeling (if that remodeling could result
in the assigning by the Village of the new
standard industrial classification code) or
l0
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
installation from which there is or may be a
discharge. The construction of which
commenced after the publication of
proposed pretreatment standards under
section 307(c) of the Act which will be
applicable to such source if such standards
are thereafter promulgated in accordance
with that section.
PASS THROUGH: The discharge of pollutants through the
POTW into navigable waters in quantities
or concentrations, which alone or in
conjunction with discharges from other
sources, is a cause of a violation of any
requirement of the POTW's NPDES permit
(including an increase in the magnitude or
duration of a violation).
PERMITTED A vehicle used for hauling wastewater,
WASTEWATER HAULER which has been granted a permit under the
VEHICLE: requirements of this Chapter.
J
PERSON: Any individual, firm, company,
association, society, corporation group,
partnership or municipality.
pH: The acidity or basicity of a solution,
calculated by taking the logarithm of the
reciprocal of the hydrogen ion
concentration.
POLLUTANT: Any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage, sludge,
munitions, chemical waste, biological
materials, radioactive materials, heat,
(wrecked or discharged equipment), rock,
sand, cellar dirt or industrial, Municipal, or
agricultural waste contained in or
discharged into water.
POTW TREATMENT The Village facilities designed to provide
PLANT: treatment to wastewater.
PRETRE XTMENT: The reduction of the amount of pollutants,
the elimination of pollutants, or the
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
alteration of the nature of pollutant
properties in wastewater to a less harmful
state prior to or in lieu of discharging or
otherwise introducing such pollutants into
the POTW.
PRETREATMENT Any substantive or procedural requirement
REQUIREMENTS: related to pretreatment, other than a
pretreatment standard, imposed on an
industrial user.
PRETREATMENT For any specified pollutant, Village
STANDARDS: prohibitive discharge standards as set forth
in section 300.105, Village specific
limitations on discharge as set forth in
section 300.110, State of Illinois
Pretreatment Standards, or the National
Categorical Pretreatment Standards,
whichever standard is most stringent.
PUBLICLY -OWNED
The "treatment works", as defined by
TREATMENT WORKS
section 212 of the Act, owned by the
(POTW):
Village and any devices and systems used
in the conveyance, storage, treatment,
recycling or reclamation of Municipal
sewage or industrial wastes of a liquid
nature that are connected to the
Bensenville POTW regardless of
ownership, but does not include sewers,
pipes, and other conveyances not
connected to the Village POTW treatment
plant. POTW includes conveyance devices
and systems owned or operated by the
Village of Elk Grove and connected to
conveyance devices and systems owned or
operated by the Village.
REGIONAL USEPA The Regional Administrator for Region V.
ADMINISTRATOR:
SANITARY SEWER: A sewer which is designed to carry sanitary
and industrial wastewater, and to which
storm, surface and ground water are not
intentionally admitted.
12
I
1_.
E
SHALUMAY:
SIGNIFICANT
NONCOMPLIANCE (SNC)
13
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Shall is mandatorv; may is permissive.
A. Chronic violations of wastewater
discharge limits, defined here as those
in which sixty-six percent (66%) or
more of all of the measurements taken
during a six (6) month period exceed
(by the magnitude) the daily
maximum limit or the average limit
for the same pollutant parameter.
B. Technical review criteria (TRC)
violations, defined here as those in
which thirty-three percent (33%) or
more of all of the measurements for
each pollutant parameter taken during
a six (6) month period equal or exceed
the product of the daily maximum
limit or the average limit multiplied
by the applicable TRC (TRC -1.4 for
BOD, TSS, fats, oil, and grease, and
1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment
effluent limit (daily maximum or
longer-term average) that the Village
determines has caused, alone or in
combination with other discharges,
interference or pass through
(including endangering the health of
POTW personnel or the general
public).
D. Any discharge of a pollutant that has
caused imminent endangerment to
human health, welfare or to the
environment or has resulted in the
POTW's exercise of its emergency
authority under 40 CFR
403.8(f)(1)(vi)(B) to halt or prevent
such a discharge.
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
E. Failure to meet, within ninety (90)
days after the schedule date, a
compliance schedule milestone
contained in a local control
mechanism or enforcement order for
starting construction, completing
construction, or attaining final
compliance.
F. Failure to provide, within thirty (30)
days after the due date, required
reports such as baseline monitoring
reports, periodic self-monitoring
reports, and reports on compliance
with compliance schedules.
G. Failure to report noncompliance
accurately.
H. Any other violation or group of
violations which the Village
determines will adversely affect the
operation or implementation of the
local pretreatment program.
SIGNIFICANT USER: Any industrial user of the POTW who:
A. Is subject to any national categorical
pretreatment standard.
B. Has an average process wastewater
discharge flow of twenty-five thousand
(25,000) gallons (excluding sanitary,
non -contact cooling and boiler blow
down wastewater) or more per work
day; or
C. Has a discharge flow of process
wastewater greater than five percent
(5%) or more of the average dry
weather hydraulic or organic capacity
of the POTW treatment plant; or
14
I
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
D. Is designated as such by the Village, as
defined in 40CFR 403.12(a) on the
basis that the industrial user has a
reasonable potential for adversely
affecting the POTW's operation or for
violating any pretreatment standard or
requirement (in accordance with 40
CFR 403.8 (f) (6)).
SLUDGE: The settleable solids , separated from the
liquids during the wastewater treatment
processes.
SLUG: Any discharge of water or wastewater
which is non -routine, episodic nature,
including but not limited to an accidental
spill or a non -customary batch discharge.
SUPERINTENDENT OF The director of the POTW.
WASTEWATER:
T AS IN CYANIDE -T: Total.
TOTAL METALS: The sum of the concentration of metals in
Section 8-6A-23.
TOTAL SOLIDS: The sum of suspended and dissolved
solids.
TOTAL SUSPENDED Total suspended matter, expressed in
SOLIDS (TSS): milligrams per liter, that either floats on the
surface of, or is in suspension in water,
wastewater or other liquids and is
removable by laboratory filtration, as
prescribed by standard methods.
TOTAL TOXIC ORGANICS: The summation of all quantified values
greater than 0.01 milligrams per liter for
the toxic organics specified in the
application regulation.
UNPOLLUTED WATER: Water of quality equal to or better than the
effluent criteria set forth in 35 Illinois
15
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Administrative Code part 304 or water that
would not cause violation of receiving
water quality standards benefited by
discharge to the sanitary sewers and
wastewater treatment facilities provided.
UPSET: An exceptional incident in which there is
unintentional and temporary
noncompliance with pretreatment standards
because of factors beyond the reasonable
control of the industrial 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.
USER: Any person who contributes, causes or
permits the contribution of wastewater into
the POTW.
VILLAGE:
The Village of Bensenville.
WASTEWATER: The combination of the liquid and water
carried wastes from residences,
commercial buildings, industrial plants and
institutions including polluted cooling
water.
A. Sanitary wastewater means the
combination of liquid and water
carried wastes discharged from toilets
and other sanitary plumbing facilities.
B. Industrial wastewater means a
combination of liquid and water
carried wastes discharged from any
industrial user, including the
wastewater from pretreatment
facilities and polluted cooling water.
WASTEWATER The document or documents issued to a
DISCHARGE'PERMIT' user by the Village pursuant to Section 8-
16
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
6A-5 of this Article.
WASTEWATER HAULER: Any person engaged in transporting
sanitary wastewater as a commercial
venture.
WATERS OF THE STATE All streams, lakes, ponds, marshes, water
OF ILLINOIS: courses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems,
drainage systems and all other bodies or
accumulations of water, surface or
underground, natural or artificial, public or
private, which are contained within, flow
through, or bonder upon the State of Illinois
or any portion thereof (Ord. 36-92, 12-1-
92)
8-6A-2: GENERAL SEWER USE REQUIREMENTS
8-6A-2.1 Prohibited Discharge Standards
It shall be unlawful to discharge or intend to discharge to any facility served by the
Village, without having first complied with the terms of this Ordinance.
Requirements and limitations of Federal pretreatment standards as established by 40 CFR
Chapter N, Subpart 1, State standards or Individual Industrial User Discharge Permits which are
more stringent than the limitations as set forth in this Ordinance must be met by all dischargers at
all times. Said users shall provide the necessary wastewater treatment to achieve compliance
with all National Categorical Pretreatment standards within the time limitations as specified by
the Federal Pretreatment Regulations, and with any other pretreatment standards including local
limits, by applicable deadlines.
No discharger shall contribute or cause to be contributed, directly or indirectly to the
District sewage works, airy pollutant or wastewater contaminant which will pass through, cause
interference with, inhibition of, or upset to the operation of the POTW.
17
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
No discharger shall contribute, or cause to be discharged, either directly or indirectly, any
of the following described substances into the wastewater collection and treatment system, or
otherwise to the facilities of the Village.
a. No dischargers shall increase the use of potable or process water in any way, nor
mix separate wastestreams for the sole purpose of diluting a discharge as a partial
or complete substitute for adequate treatment, in order to achieve compliance with
standards as set forth in this Ordinance.
b. Any unpolluted water including, but not limited to, uncontaminated non -contact
cooling water, storm water, surface and groundwaters, roof tun -off, spill
contaminant area run-off, footing drains or construction drainage except as
specifically permitted by the Supervisor/Pretreatment Coordinator.
C. Any solids, solid wastes, liquids or gases which by reason of their nature or
quantity, are or may be sufficient, either alone or by interaction, to cause safety
hazards, fire or explosion or be injurious in any other way to the facilities or
personnel of the Village, or to the operation of Village facilities.
Materials considered in this regard include, but are not limited to: gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any
wastestreants with a closed cup flashpoint of less than 140° F. or 60° C. using the
test methods specified in 40 CFR 261.21.
d. Any solid, solid waste or viscous substance which shall or may cause obstruction
to the flow in a sewer, or other interference to the operation of the wastewater
system. Prohibited materials include but are not limited to: grease, grease trap
wastes, garbage with particles greater than one-half (1/2') in any direction, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole
blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent grains or hops, paper, wood,
plastics, residues from gas, tar or asphalt, residues from refining or processing of
fuel or lubricating oils, mud or glass grinding or polishing waste, fatty acids or
esters of fatty acids, or any material which can be disposed of as trash.
e. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass-through.
f Any wastewater containing noxious or malodorous solids, liquids, or gases, which
either singly or by their interaction are capable of creating a public nuisance or
hazardous to life, or are in sufficient quantities to interfere with, inhibit or upset
18
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
any operation of Village facilities, including but not limited to, prevention of
entry into sewers for their maintenance and repair.
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the
Village facilities in a quantity that may cause acute worker health and safety
problems or which necessitates the Village taking special measures to counteract
and/or alleviate the impact of the pollutant(s).
h. Any wastewater having a temperature which shall inhibit biological activity in the
Village's facilities, but in no case heat in such a quantity that the influent
temperature at the sewage treatment plant to which the user discharges will
exceed 40° C. (104° F.).
i. Any substance or combination of substances which shall cause the Village
facilities to be in violation of its NPDES and/or other disposal systems permits, or
to cause the Village's facilities to violate receiving stream water quality and/or
general effluent discharge standards.
j. Any substance with objectionable color which is not removed in the treatment
processes, such as, but not limited to: dye waste, ink waste and vegetable tanning
solutions.
k. Any wastewater having a pH less than 5.0 or higher than 10.0 or having any other
contusive property capable of causing damage or hazard to structures, equipment
or personnel in the system. The pH limits shall be met at all times, and are not
subject to averaging.
1. Any wastewater containing toxic pollutants in sufficient quantity, either singly or
by interaction, to injure, interfere with or upset any wastewater treatment
processes or facilities, constitute a hazard to humans or animals, or to exceed
limitation as set forth in the existing Act, or the Act as it may be amended.
M. Any substance which may cause the Village's treatment facilities effluents or
sludges, to be unsuitable for reclamation and re -use, or interfere with the
reclamation processes. In no case shall a substance discharged to the Village's
facilities cause the Village to be in noncompliance with any sludge use or disposal
regulations developed under Section 4.05 of the Act; or any regulations affecting
sludge use or disposal developed pursuant to the Resource Conservation and
Recovery Act, Solids Waste Disposal Act, Toxic Substance Control Act, or any
State or local standards applicable to any sludge management methods either
being used, or considered by the Village.
n. Any pollutant, including oxygen demanding pollutants, release in a discharge at a
flow rate and/or concentration (including any slug load), which may interfere
R9
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
with, inhibit, or upset Village operations.
o. Any wastewater containing any radioactive wastes or isotopes, except in
accordance with Village, State and Federal rules goveming such discharges.
P. Any wastewater containing any organism, including viruses, considered
pathogenic and/or detrimental to process organisms other than by direct
excrement and any other wastes defined as medical waste.
q. Any leachate, groundwater remediation or waste material, originating within the
Village service area, which does not meet discharge limitations as set forth in this
Ordinance or determined by this Ordinance. Such waste shall be evaluated by the
Village and limits determined if the pollutant contained in the waste does not have
discharge limits specified in this Ordinance.
r. All trucked or hauled wastes except at the Village designated discharge points.
All such wastes are to be individually approved and permitted by the Village as
set forth in this Ordinance prior to discharge.
S. Any sludges, screenings or other residues from the pretreatment of non-residential
wastes. ,
t. Any wastewater causing the treatment plant's effluent to fail a toxicity test.
U. Any wastes containing detergents, surface active agents or other substances which
may cause excessive foaming in the POTW.
Wastes prohibited in this section shall not be processed or stored in such a manner
that they could be discharged to the Village sewer system.
8-6A-2.2 National Categorical Pretreatment Standards
The pretreatment requirement shall apply to all non-residential discharges subject to
National Categorical Pretreatment Standards, promulgated by the USEPA in accordance with
Section 307(b) and (c) of the Act, currently discharging or scheduled to discharge to the Village.
The National Categorical Pretreatment Standards, found in 40 CFR Chapter 1, Subchapter N,
Parts 405 — 471 are hereby incorporated into this ordinance.
20
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Compliance with National Categorical Pretreatment Standards is mandatory. However,
the non-residential discharger may request a net gross adjustment to a categorical pretreatment
standard in accordance with 40 CFR 403.15. Said discharger may also request a variance from
USEPA based on fundamentally different factors. The request must comply with the procedural
and substantive provisions in 40 CFR 403.13.
The non-residential discharger shall comply with the State of Illinois or Village
requirements and standards in the event that such requirements and standards are more stringent
than the categorical standard. All non-residential dischargers that are subject to National
Categorical Pretreatment Standards are required to file reports as required in this Ordinance,
signed by an Authorized Representative. These reports shall include all information that the
Village deems necessary to make compliance determinations.
8-6A-2.3 Local Limits
No person shall discharge any wastewater concentrations greater than the limitations as
set forth below into any sewers that connect either directly or indirectly with any Village facility.
21
Concentrations
Concentrations
Concentrations
Effective Until
Effective From
Effective From
Parameter
4-30-96 mall
5-1-96 to 5-30-01 mg/1
5-1-01 mel(
Arsenic
0.82
0.82
0.82
Barium
10.00
10.00
10.00
Cadmium
0.07
0.03
0.002
Chromium, Hex.
2.99
2.99
2.99
Chromium, Tri.
26.00
26.00
26.00
Chromium, Total
26.00
26.00
26.00
Copper
2.23
0.91
0.24
Cyanide
0.72
0.72
0.72
Fats, oils, grease
100.00
100.00
100.00
Iron, Total
40.00
40.00
40.00
Lead
1.37
1.37
1.37
Manganese
4.70
4.70
4.70
21
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Mercury
0.82
0.82
0.82
Nickel
2.51
1.22
0.54
Selenium
5.00
5.00
5.00
Silver
2.27
2.27
2.27
Total Toxic Organics
2.13
2.13
2.13
Zinc
0.60
0.60
0.18
8-6A-2.4 Right of Revision
The Village reserves the right to establish by ordinance more stringent limitations or
requirements on discharges to the POTW.
8-6A-2.5 Sampling Facilities
Whenever required by a wastewater discharge permit, a significant user 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. Such facilities will be
installed and maintained at all times at the user's expense. The chamber shall be easily
accessible to authorized representatives of the Village twenty-four (24) hours per day, seven (7)
days per week.
1. Each sampling chamber shall contain a Palmer-Bowlus Parshall flume or
equivalent unless a weir or similar device is approved by the Village with a
recording and totalizing register. Metered water supply may be used to determine
wastewater flow if it is substantial to the Village that the metered water supply
and waste quantities are approximately the same, or where an adjustment agreed
to by the Village is made in the metered water supply to determine wastewater
flow.
2. Sampling shall be performed as required by significant user's wastewater
discharge permits. All significant users must sample their effluent and report the
results to the POTW twice yearly. The Village shall have the right to perform its
own sampling at any time.
3. The sampling chamber, metering device, and documentation of the frequency of
sampling, sampling methods and analysis of samples shall be subject, at any
reasonable time, to inspection by the Village.
22
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-3: PRETREATMENT OF WASTEWATER
8-6A-3.1 Pretreatment Facilities
Pretreatment Facilities. User shall provide wastewater treatment as necessary to comply
with this ordinance and shall achieve compliance with all categorical pretreatment standards,
local limits, and the prohibitions set out in Section 8-6A-2.2 of this ordinance within the time
limitations specified by EPA, the State, or the Supervisor/Prehvatment Coordinator, whichever is
more stringent. Any facilities necessary for compliance shall be provided, operated, and
maintained at the user's expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the SupeMsor/Pretreatment Coordinator for review, and shall
be acceptable to the Supervisor/Pretreatment Coordinator before such facilities are constructed
r The review of such plans and operating procedures shall in no way relieve the user for the
responsibility of modifying such facilities as necessary to produce a discharge acceptable to the
Village under the provisions of this ordinance.
8-6A-3.1 Additional Pretreatment Measures
Whenever deemed necessary, the Supervisor/Pretreatment Coordinator may
require users to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate and/or
consolidate points of discharge, separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be necessary to protect the
POTW and determine the user's compliance with the requirements of this
ordinance.
2. The Supervisor/Pretreatment Coordinator may require any person discharging into
the POTW to install and maintain, on their property and at their expense, a
suitable storage and flow -control facility to ensure equalization of flow. A
wastewater discharge permit may be issued solely for flow equalization.
23
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Supervisor/Pretreatment Coordinator, they are necessary for the proper handling
of wastewater containing excessive amounts of &tease and oil, or sand; except that
such interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the Supervisor/Pretreatment
Coordinator and shall be so located to be easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned, and repaired regularly,
as needed, by the user at their expense.
4. Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
8-6A-3.3 Accidental Discharge/Slug Control Plans.
At least once every two (2) years the Supervisor/Pretreatment Coordinator shall evaluate
whether each significant industrial user needs an accidental dischargelslug control plan. The
Supervisor/Pretreatment Coordinator may require any user to develop, submit for approval, and
implement such a plan. Alternatively, the Supervisor/Pretreatment Coordinator may develop
such a plan for any user. An accidental dischargetslug control plan shall address, at a minimum,
the following:
Description of discharge practices, including nonroutine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the Supervisor/Pretreatment Coordinator of
any accidental or slug discharge, as required by Section 8-6A-6.6 of this
ordinance; and
4. Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for emergency response.
24
M
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6d-3.4 Hauled Wastewater
A. Septic tank waste may be introduced into the POTW as established by the
Supervisor/Pretreatment Coordinator. Such waste shall not violate Section 8-6A-
2 of this ordinance or any other requirements established by the Village. The
Supervisor/Pretreatment Coordinator may require septic tank waste haulers to
obtain wastewater discharge permits.
B. The Supervisor/Pretreatment Coordinator shall require haulers of industrial waste
to obtain wastewater discharge permits. The Supervisor/Pretreatment Coordinator
may require generators of hauled industrial waste to obtain wastewater discharge
permits. The Supervisor/Pretreatment Coordinator also may prohibit the disposal
of hauled industrial waste. The discharge of hauled industrial waste is subject to
all other requirements of this ordinance.
C. Industrial waste haulers may discharge loads only at locations designated by the
Supervisor/Pretreatment Coordinator. No load may be discharged without prior
consent of the Supervisor/Pretreatment Coordinator. The Supervisor/Pretreatment
Coordinator may collect samples of each hauled load to ensure compliance with
applicable standards. The Supervisor/Pretreatment Coordinator may require the
industrial waste hauler to provide a waste analysis of any load prior to discharge.
D. Industrial waste haulers must provide a waste -tracking fort for every load. This
form shall include, at a minimum, the name and address of the industrial waste
hauler, permit number, truck identification, names and addresses of sources of
waste, and volume and characteristics of waste. The form shall identify the type
of industry, known or suspected waste constituents, and whether any wastes are
RCRA hazardous wastes.
E. Each wastewater hauling vehicle shall meet the following conditions before
permits will be issued under subsection B of this Section:
Until the Village provides scales for weighing wastewater hauling
vehicles, each truck tank shall have a sight glass calibrated in one hundred
(100) gallon increments.
2. Each vehicle shall be equipped to use the truck to disconnect couplers at
the wastewater hauler dumping station.
25
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A4: WASTEWATER DISCHARGE PERMIT APPLICATION
8-6A-4.1 Wastewater Analysis
When requested by the Supervisor/Pretreatment Coordinator, a user must submit information
on the nature and characteristics of its wastewater within thirty (30) days of the request. The
Supervisor/Pretreatment Coordinator is authorized to prepare a form for this purpose and may
periodically require users to update this information.
8-6A-4.2 Wastewater Discharge Permit Requirement
1. No significant industrial user shall discharge wastewater into the POTW without
first obtaining a wastewater discharge permit from the Supervisor/Pretreatment
Coordinator except that a significant industrial user that has filed a timely
application purstiant to this ordinance may continue to discharge for the time
period specified therein.
2. The Supervisor/Pretreatment Coordinator may require other users to obtain
wastewater discharge permits as necessary to carry out the purposes of this
ordinance.
3. Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this ordinance and subject the wastewater discharge
permittee to the sanctions set out in Section 8-6A-10 of this ordinance. Obtaining
a wastewater discharge permit does not relieve a permittee of its obligation to
comply with all Federal and State pretreatment standards or requirements or with
any other requirements of Federal, State, and local law.
8-6A-4.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this ordinance and who wishes to
continue such discharges in the future, shall, within forty five (45) days after said date, apply to
the Supervisor/Pretreatment Coordinator for a wastewater discharge permit in accordance with
Section 8-6A-4.3 of this ordinance, and shall not cause or allow discharges to the POTW to
continue after ninety (90) days of the effective date of this ordinance except in accordance with a
26
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
wastewater discharge permit by the Supervisor/Pretreatment Coordinator.
8-6A-4.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning or
recommencing of such discharge. An application for this wastewater discharge permit, in
accordance with Section 8-6A-4.5 of this ordinance, must be filed at least ninety (90) days prior
to the date upon which any discharge will begin or recommence.
8-6A-4.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit
application. The Supervisor/Pretreatment Coordinator may require all users to submit as part of
an application the following information:
I. All information required by Section 8-6A-6.1 of this ordinance;
2. Description of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemicals used or stored at the facility which are, or
could accidentally or intentionally be, discharged to the POTW;
3. Number and type of employees, hours of operation, and proposed or actual hours
of operation;
4. Each product produced by type, amount, process or processes, and rate of
production;
5. . Type and amount of raw materials processed (average and maximum per day);
6. Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location and elevation, and all
points of discharge;
7. Time and duration of discharges; and
3. Any other information as may be deemed necessary by the
Supervisor/Pretreatment Coordinator to evaluate the wastewater discharge permit
application.
27
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
Incomplete or inaccurate applications will not be processed and will be returned to the
user for revision.
8-6A-4.6 Application Signatories and Certification
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 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."
8-6A-4.7 Wastewater Discharge Permit Decisions
The Supervisor/Pretreatment Coordinator will evaluate the data famished by the user and
may require additional information. Within thirty (30) days of receipt of a complete wastewater
discharge permit application, the Supervisor/Pretreatment Coordinator will determine whether or
not to issue a wastewater discharge permit. The Supervisor/Pretreatment Coordinator may deny
any application for a wastewater discharge permit.
8-6A-5: WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
8-6A-5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to exceed
two (2) years from the effective date of the permit. A wastewater discharge permit may be
issued for a period less than two (2) years, at the discretion of the Supervisor/Pretreatment
Coordinator. Each wastewater discharge permit will indicate a specific date upon which it will
expire.
M
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Supervisor/Pretreatment Coordinator to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant's effluent, protect worker
health and safety, facilitate sludge management and disposal, and protect against damage to the
POTW.
1. Wastewater discharge permits must contain:
a. A statement that indicates wastewater discharge permit duration, which in
no event shall exceed two (2) years;
b. A statement that the wastewater discharge permit is nontransferable
without prior notification to the Village in accordance with Section 8-6A-
5.5 of this ordinance, and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
C. Effluent limits based on applicable pretreatment standards;
d. Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law; and
C. A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable Federal, State, or local law.
2 Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
a. Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
b. Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
29
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
C. Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
d. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
e. The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
f. Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
g. A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards, including those which
become effective during the term of the wastewater discharge permit; and
h. Other conditions as deemed appropriate by the Supervisor/Pretreatment
Coordinator to ensure compliance with this ordinance, and State. and
Federal laws, rules, and regulations.
8-6A-5.3 Wastewater Discharge Permit Appeals
The Supervisor/Pretreatment Coordinator shall provide public notice of the issuance of a
wastewater discharge permit. Any person, including the user, may petition the
Supervisor/Pretreatment Coordinator to reconsider the terms of a wastewater discharge permit
within thirty (30) days of notice of its issuance.
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.
30
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
4. If the Supervisor/Pretreatment Coordinator 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, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered final
administrative actions for purposes of judicial review.
5. Aggrieved parties seeking judicial review of the fatal administrative wastewater
discharge permit decision must do so by filing a complaint with the Circuit Court
for DuPage County within sixty (60) days.
8 -6A -S.4 Wastewater Discharge Permit Modification
The Supervisor/Pretreatment Coordinator may modify a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
1. To incorporate any new or revised Federal, State, or local pretreatment standards
or requirements;
2. To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of wastewater discharge permit
issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the Village's
POTW, Village personnel, or the receiving waters;
5. Violation of any terms or condition of the wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
7. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
8. To correct typographical or other errors in the wastewater discharge permit; or
9. To reflect a transfer of the facility ownership or operation to a new owner
8-6A-5.5 Was 0tt9waMbischarge Permit Transfer
Wastewater discharge permits shall not be transferred, assigned, or sold to a new owner
r' or new user in different premises or to a new or different operation in the same or different
31
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
premises without the approval of the Village. if the premises sold or otherwise 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
Article; 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.
8-6A-5.6 Wastewater Discharge Permit Revocation
The Supervisor/Pretreatment Coordinator may revoke a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
1. Failure to notify the Supervisor/Pretreatment Coordinator of significant changes
to the wastewater prior to the changed discharge; 11
2. Failure to provide prior notification to the Supervisor/Pretreatment Coordinator of
changed conditions pursuant to Section 8-6A-6.5 of this ordinance;
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
4. Falsifying self-monitoring reports;
5. Tampering with monitoring equipment;
6. Refusing to allow the Supervisor/Pretreatment Coordinator timely access to the
facility premises and records;
7. Failure to meet effluent limitations;
8. Failure to pay fines;
9. Failure to pay sewer charges;
10. Failure to meet compliance schedules;
32
Chapter 6
- Sewer and Wastewater Treatment
Article A. General Pretreatment Program
11. Failure to complete a wastewater survey or the wastewater discharge permit
application;
12. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
13. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer
of business ownership. All wastewater discharge permits issued to a particular user are
void upon the issuance of a new wastewater discharge permit to that user.
8-6A-5.7 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater discharge
permit reissuance by submitting a complete permit application, in accordance with Section 8-6A-
5.2 of this ordinance, a minimum of ninety (90) days prior to the expiration of the user's existing
wastewater discharge permit.
8-6A-5.8 Regulation of Waste Received from Other Jurisdictions
1. If another municipality, or user located within another municipality, contributes
wastewater to the POTW, the Supervisor/Pretreatment Coordinator shall enter
into an intermunicipal agreement with the contributing municipality.
2. Prior to entering into an agreement required by paragraph 1, above, the
Supervisor/Pretreatment Coordinator shall request the following information from
the contributing municipality:
a. A description of the quality and volume of wastewater discharge to the
POTW by the contributing municipality;
b. An inventory of all users located within the contributing municipality that
are discharging to the POTW; and
C. Such other information as the Supervisor/Pretreatment Coordinator may
deem necessary.
3. An intermunicipal agreement, as required by paragraph 1, above, shall contain the
following conditions:
33
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
a. A requirement for the contributing municipality to adopt a sewer use
ordinance which is at least as stringent as this ordinance and local limits
which are at least as stringent as those set out in Section 8-6A-2.5 of this
ordinance. The requirement shall specify that such ordinance and limits
must be revised as necessary to reflect changes made to the Village's
ordinance or local limits.
b. A requirement for the contributing municipality to submit a revised user
inventory on at least an annual basis;
C. A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the Supervisor/Pretreatment
Coordinator, and which of these activities will be conducted jointly be the
contributing municipality and the Supervisor/Pretreatment Coordinator;
d. A requirement for the contributing municipality to provide the
Supervisor/Pretreatment Coordinator with access to all information that
the contributing municipality obtains as part of its pretreatment activities;
e. Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to the POTW;
f. Requirements for monitoring the contributing municipality's discharge;
g. A provision ensuring the Supervisor/Pretreatment Coordinator access to
the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling, and any
other duties deemed necessary by the Supervisor/Pretreatment
Coordinator; and
h. A provision specifying remedies available for breach of the terms of the
intermunicipal agreement.
8-6A-6: REPORTING REQUIREMENTS
8-6A-5.1 Baseline Monitoring Reports
Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW
shall submit to the Supervisor/Pretreatment Coordinator a report which contains
34
12
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
the information listed in paragraph 2, below. At least ninety (90) days prior to
commencement of their discharge, new sources, and sources that become
categorical users subsequent to the promulgation of an applicable categorical
standard, shall submit to the Supervisor/Pretreatment Coordinator a report which
contains the information listed in paragraph 2, below. A new source shall report
the method of pretreatment it intends to use to meet applicable categorical
standards. A new source also shall give estimates of its anticipated flow and
quantity of pollutants to be discharged.
2. Users described above shall submit the information set forth below.
a. Identifying Information. The name and address of the facility, including
the name of the operator and owner.
b. Environmental Permits. A list of any environmental control permits held
by or for the facility.
C. Description of Operations. A brief description of the nature, average rate
of production, and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram which indicates points of discharge to the POTW from
the regulated processes.
d. Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR 403.6(e).
e. Measurements of Pollutants.
a. The categorical pretreatment standards applicable to each regulated
process.
b. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by
the Supervisor/Pretreatment Coordinator, of regulated pollutants in
the discharge. from each regulated process. Instantaneous, daiiy
maximum, and long-term average concentrations, or mass, where
required, shall be reported. The sample shall be representative of
daily operations and shall be analyzed in accordance with
procedures set out in Section 8-6A-6.10 of this ordinance.
Sampling must be performed in accordance with procedures set out
in Section 8-6A-6.1 l of this ordinance.
35
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
f. Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis, and, if not,
whether additional operation and maintenance (O&M) and/or pretreatment
is required to meet the pretreatment standards and requirements.
g. Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by
which the user will provide such additional pretreatment and/or O&M.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in
Section 8-6A-6.2 of this ordinance.
h. Signature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Section 8-6A-4.6 of this
ordinance.
8-6A-6.2 Compliance Schedule Progress Reports
The following condition shall apply to the compliance schedule required by Section 8-
6A-6.1 of this ordinance:
1. The schedule shall contain progress increments 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
pretreatment standards (such events include, but are not limited to, hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning and
conducting routine operation);
2. No increment referred to above shall exceed nine (9) months;
3. The user shall submit a progress report to the Supervisor/Pretreatment
Coordinator no later than fourteen (14) days following each date in the schedule
and the final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established schedule;
and
4. In no event shall more than nine (9) months elapse between such progress reports
to the Supervisor/Pretreatment Coordinator.
36
r 1
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-6.3 Reports On Compliance With Categorical Pretreatment Standard Deadline
Within ninety (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, any user subject to such pretreatment standards
and requirements shall submit to the Supervisor/Pretreatment Coordinator a report containing the
information described in Section 8-6A-6.1 of this ordinance. For users subject to equivalent mass
or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this
report shall contain a reasonable measure of the user's long-term production rate. For all other
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. All compliance reports must be
signed and certified in accordance with Section 8-6A-4.6 of this ordinance.
8-6A-6.4 Periodic Compliance Reports /SelfMonitoring Reports
A All significant industrial users shall, at a frequency determined by the
Supervisor/Pretreatment Coordinator but in no case less than twice per year (in
July and January), submit a report indicating the nature and concentration of
pollutants in the discharge which are limited by pretreatment standards and the
measured or estimated average and maximum daily flows for the reporting period.
All periodic compliance reports must be signed and certified in accordance with
Section 8-6A-4.6 of this ordinance.
B. All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working order shall not be
grounds for the user to claim that sample results are unrepresentative of its
discharge.
C. If a user subject to the reporting requirement in this section monitors any pollutant
more frequently than required by The Supervisor/Pretreatment Coordinator, using
37
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
the procedures prescribed in 8-6A-6.11 of this ordinance, the results of this
monitoring shall be included in the report.
8-6A-6.5 Reports of Changed Conditions
Each user must notify the Supervisor/Pretreatment Coordinator of any planned significant
changes to the user's operations or system which might alter the nature, quality, or volume of its
wastewater at least thirty (30) days before the change.
A. The Supervisor/Pretreatment Coordinator may require the user to submit such
information as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit application under 8-
6A-4.5 of this ordinance.
B. The Supervisor/Pretreatment Coordinator may issue a wastewater discharge
permit under 8-6A-4.7 of this ordinance or modify an existing wastewater
discharge permit under 8-6A-5.4 of this ordinance in response to changed
conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not limited
to, flow increases of twenty percent (201/6) or greater, and the discharge of any
previously unreported pollutants.
8-6A-6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a
slug load, that may cause potential problems for the POTW, the user shall
immediately telephone and notify The Supervisor/Pretreatment Coordinator of the
incident. This notification shall include the location of the discharge, type of
waste, concentration and volume, if known, and corrective actions taken by the
user.
B. Within five (5) days following such discharge, the user shall, unless waived by
the Supervisor/Pretreatment Coordinator, submit a detailed written report
describing the cause(s) of the discharge and the measures to be taken by the user
to prevent similar future occurrences. Such notification shall not relieve the user
of any expense, loss, damage, or other liability which may be incurred as a result
of damage to the POTW, natural resources, or any other damage to person or
property; nor shall such notification relieve the user of any fines, penalties, or
other liability which may be imposed pursuant to this ordinance.
M
9
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
C. A notice 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
described in paragraph A, above. Employers shall ensure that all employees, who
may cause such a discharge to occur, are advised of the emergency notification
procedure.
8-6A-6.7 Reports fom Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the Supervisor/Pretreatment Coordinator as the Supervisor/Pretreatment Coordinator
may require.
8-6A-6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the
Supervisor/Pretreatment Coordinator within twenty-four (24) hours of becoming aware of the
r 1 violation. The user shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the Supervisor/Pretreatment Coordinator within thirty (30) days after becoming
aware of the violation. The user is not required to resample if the Supervisor/Pretreatment
Coordinator monitors at the user's facility at least once a month, or if the Supervisor/Pretreatment
Coordinator samples between the user's initial sampling and when the user receives the results of
this sampling.
8-6A-6.9 Notification of the Discharge of Hazardous Waste
A. Pursuant to 40 CFR 40 3.12 (P) any user who commences the discharge of
hazardous waste 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 under 40 CFR Part 261. Such notification must include the
name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous
waste number, and the type of discharge (continuous, batch, or other). If the user
discharges more than one hundred (100) kilograms of such waste per calendar
month to the POTW, the notification also shall contain the following information
to the extent such information is known and readily available to the user: an
39
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
a
identification of the hazardous constituents contained in the wastes, an estimation
of the mass and concentration of such constituents in the wastestream discharged
during that calendar month, and an estimation of the mass of constituents in the
wastestream expected to be discharged during the following twelve (12) months.
All notifications must take place no later than one hundred and eighty (180) days
after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However, notifications
of changed conditions must be submitted under Section 8-6A-6.5 of this
ordinance. The notification requirement in this section does not apply to
pollutants already reported by users subject to categorical pretreatment standards
under the self-monitoring requirements of Sections 8-6A-6.1, 8-6A-6.3, and 8-
6A-6.4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during a
calendar month in which they discharge no more than fifteen (15) kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40
CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of
nonacute hazardous wastes in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-
time notification. Subsequent months during which the user discharges more than
such quantities of any hazardous waste do not require additional notification.
l
C. In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional substance as
a hazardous waste, the user must notify the Supervisor/Pretreatment Coordinator,
the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within ninety (90)
days of the effective date of such regulations.
D. In the case of any notification made under this section, the user shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically practical.
E. This provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this ordinance, a permit issued thereunder, or any
applicable Federal or State law.
8-6A-6.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
.J
EM
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
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.
8-6A-6.11 Sample Collection
A. Except as indicated in Section B, below, the user must collect wastewater samples
using flow proportional composite collection techniques. In the event flow
proportional sampling is infeasible, the Supervisor/Pretreatment Coordinator may
authorize the use of time proportional sampling or a minimum of four (4) grab
samples where the user demonstrates that this will provide a representative
sample of the effluent being discharged. In addition, grab samples may be
required to show compliance with instantaneous discharge limits.
B. Samples for oil and grease, temperature, p% cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
8-6A-6.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For
reports which are not mailed, postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
8-6A-6.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this ordinance and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements.. Records shall include the date, exact place, method, and time of sampling, and the
name of the person(s) taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of at least three (3) years. This period shall be
41
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
2
automatically extended for the duration of any litigation concerning the user or the Village, or
where the user has been specifically notified of a longer retention period by the
Supervisor/Pretreatment Coordinator.
8-6A-7: COMPLIANCE MONITORING
8-6A-7.1 Right of Entry: Inspection and Sampling
The Supervisor/Pretreatment Coordinator or designee shall have the right to enter the
premises of any user to determine whether the user is complying with all requirements of this
ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow the
Supervisor/Pretreatment Coordinator or designee ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the performance of any
additional duties.
A. Where a user has security measures in force which require proper identification
and clearance before entry into its premises, the user shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the Supervisor/Pretreatment Coordinator or designee will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
B. The Village of Bensenville shall have the right to set up on the user's property, or
require installation of, such devices as are necessary to conduct sampling and/or
metering of the user's operations.
C. The Supervisor/Pretreatment Coordinator may require the user to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated twice yearly (at six month intervals) to ensure
their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the user at the written
or verbal request of the Supervisor/Pretreatment Coordinator and shall not be
replaced. The costs of clearing such access shall be born by the user.
42
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
E. Unreasonable delays in allowing the Supervisor/Pretreatment Coordinator access
to the user's premises shall be a violation of this ordinance.
8-6A-7.2 Search Warrants
If the Supervisor/Pretreatment Coordinator has been refused access to a, building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to believe
that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the Villages designed to verify compliance
with this ordinance or any permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the Supervisor/Pretreatment Coordinator may
seek issuance of a search warrant from the Circuit Court of DuPage County.
r-� 8-6A-8: CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and the
Supervisor/Pretreatment Coordinator inspection and sampling activities, shall be available to the
public without restriction, unless the user specifically requests, and is able to demonstrate to the
satisfaction of the Supervisor/Pretreatment Coordinator, that the release of such information
would divulge information, processes, or methods of production entitled to protection as trade
secrets under applicable State law. Any such request must be asserted at the time of submission
of the information or data. When requested and demonstrated by the user famishing a report that
such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the
43
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
NPDES program or pretreatment program, and in enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics and other "effluent data" as
defined by 40 CFR will not be recognized as confidential information and will be available to the
public without restriction.
8-6A-9: PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Supervisor/Pretreatment Coordinator shall publish annually, in the largest daily
newspaper published in the municipality where the POTW is located, a list of the users which,
during the previous twelve (12) months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of wastewater measurements taken during a six-
(6-) month period exceed the daily maximum limit or average limit for the same (-
pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-
three percent (33%) or more of wastewater measurements taken for each pollutant
parameter during a six- (6) month period equals or exceeds the product of the
daily maximum limit or the average limit multiplied by the applicable criteria (1.4
for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the Supervisor/Pretreatment Coordinator
believes has caused, alone or in combination with other discharges, interference
or pass through, including endangering the health of POTW personnel or the
general public;
D. Any discharge of pollutants that has caused imminent endangerment to the public
or to the environment, or has resulted in the Supervisor(Pretreatment Coordinator
exercise of its emergency authority to halt or prevent such a discharge;
E. 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;
44
7
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
F. Failure to provide within thirty (30) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Supervisor/Pretreatment Coordinator determines
will adversely affect the operation or implementation of the local pretreatment
program.
8-6A-10: ADMINISTRATIVE ENFORCEMENT REMEDIES
8-6R-10.1 Notification of [violation
When the Supervisor/Pretreatment Coordinator finds that a user has violated, or continues
to violate, any provision of this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the Supervisor/Pretreatment
Coordinator may serve upon that user a written Notice of Violation. Within ten (10) days of the
receipt of this notice, an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall be submitted by the user to the
Supervisor/Pretreatment Coordinator. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in
this section shall limit the authority of the Supervisor/Pretreatment Coordinator to take any
action, including emergency actions or any other enforcement action, without first issuing a
Notice of Violation.
8-6A-10.1 Consent Orders
The Supervisor/Pretreatment Coordinator may enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with any user
responsible for noncompliance. Such documents will include specific action to be taken by the
45
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
user to correct the noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued pursuant to
Sections 8-6A-10.4 and 8-6A-10.5 of this ordinance and shall be judicially enforceable.
8-6A-10.3 Show Cause Order
The Supervisor/Pretreatment Coordinator may order a user which has violated, or
continues to violate, any provision of this ordinance, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement, to appear before the
representatives of the Village and show cause why the proposed enforcement action should not
be taken. Notice shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice of the meeting shall be
served personally or by registered or certified mail (return receipt requested) at least thirty (30)
days prior to the hearing. Such notice may be served on any authorized representative of the user.
A show cause hearing shall not be a bar against, or prerequisite for, taking any other action
against the user.
8-6A-10.4 Compliance Orders
When the Supervisor/Pretreatment Coordinator finds that a user has violated, or continues
to violate, any provision of this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the Supervisor/Pretreatment
Coordinator may issue an order to the user responsible for the discharge directing that the user
come into compliance within a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate treatment facilities,
46
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
devices, or other related appurtenances are installed and properly operated. Compliance orders
also may contain other requirements to address the noncompliance, including additional self-
monitoring and management practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order relieve the user of liability for
any violation, including any continuing violation. Issuance of a compliance order shall not be a
bar against, or a prerequisite for, taking any other action against the user.
8-6A-10.5 Cease and Desist Orders
When the Supervisor/Pretreatment Coordinator finds that a user has violated, or continues
to violate, any provision of this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, or that the user's past violations are
likely to recur, the Supervisor/Pretreatment Coordinator may issue an order to the user directing
it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
8-6A-10.6 Emergency Suspensions
The Supervisor/Pretreatment Coordinator may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent or substantial
47
r
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
endangerment to the health or welfare of persons. The Supervisor/Pretreatment Coordinator may
also immediately suspend a user's discharge, after notice and opportunity to respond, that
threatens to interfere with the operation of the POTW, or which presents, or may present, an
endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately comply
voluntarily with the suspension order, the Supervisor/Pretreatment Coordinator
may take such steps as deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The Supervisor/Pretreatment
Coordinator may allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the Supervisor/Pretreatment Coordinator that
the period of endangerment has passed, unless the termination proceedings in
Section 8-6A-10.8 of this ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the Supervisor/Pretreatment Coordinator prior to the date of any
show cause or termination hearing under Sections 8-6A-10.3 or 8-6A-10.8 of this
ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
8-6A-10.7 Termination of Discharge
In addition to the provisions in Section 8-6A-5.6 of this ordinance, any user who violates
the following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its
discharge;
C. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
E3
H
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
D. Refusal of reasonable access to the user's premises for the purpose of inspection,
monitoring, or sampling; or
E. Violation of the pretreatment standards in Section 8-6A-2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 8-6A-10.3 of this ordinance why the proposed action
should not be taken. Exercise of this option by the Supervisor/Pretreatment Coordinator shall not
be a bar to, or a prerequisite for, taking any other action against the user.
8-6A-11: JUDICIAL ENFORCEMENT REMEDIES
8-6A-11.1 Injunctive Relief
When the Supervisor/Pretreatment Coordinator finds that a user has violated, or continues
to violate, any provision of this ordinance, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the Supervisor/Pretreatment
Coordinator may petition the Circuit Court of DuPage County through the Village's Attorney for
the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order, or other requirement
imposed by this ordinance on activities of the user, the Supervisor/Pretreatment Coordinator may
also seek such other action as is appropriate for legal and/or equitable relief, including a
requirement for the user to conduct environmental remediation. A petition for injunctive relief
shall not be a• bar against, or a prerequisite for, taking any other action against a user.
8-6A-11.2 Civil Penalties
A. A user who has violated, or continues to violate, any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the Village for a maximum civil penalty
of seven hundred and fifty dollars ($750.00) per violation, per day. In the case of
M
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
a monthly or other long-term average discharge limit, penalties shall accrue for
each day during the period of the violation.
B. The Supervisor/Pretreatment Coordinator may recover reasonable attorneys' fees,
court costs, and other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual damages incurred
by the Village.
C. In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration of the violation, any economic benefit
gained through the user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
D. A user who willfully or negligently violates any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall pay a fine of not more than seven hundred and fifty
dollars ($750.00) per violation, per day, or imprisonment for not more than six (6)
months, or both.
E. A user who willfully or negligently introduces any substance into the POTW
which causes personal injury or property damage shall, upon conviction, be guilty
of a [misdemeanor] and be subject to a penalty of at least seven hundred and fifty
dollars ($750.00). This penalty shall be in addition to any other cause of action for
personal injury or property damage available under State law.
F. A user who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this ordinance, wastewater discharge
permit, or order issued hereunder, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this ordinance
shall, upon conviction, be punished by a fine of not more than seven hundred and
fifty dollars ($750.00) per violation, per day, or imprisonment for not more than
six (6) months, or both.
G. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
8-6A-11.3 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The
Supervisor/Pretreatment Coordinator may take any, all, or any combination of these actions
50
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
against a noncompliant user. Enforcement of pretreatment violations will generally be in
accordance with the Village's enforcement response plan. However, the Supervisor/Pretreatment
Coordinator may take other action against any user when the circumstances warrant. Further, the
Supervisor/Pretreatment Coordinator is empowered to take more than one enforcement action
against any noncompliant user.
8-6A-12: SUPPLEMENTAL ENFORCEMENT ACTION
8-6A-12.1 Performance Bonds
The Supervisor/Pretreatment Coordinator may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision of this ordinance, a
previous wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless such user first files a satisfactory bond, payable to the Village, in
a sum not to exceed a value determined by the Supervisor/Pretreatment Coordinator to be
necessary to achieve consistent compliance.
8-6A-11.2 Liability Insurance -
The Supervisor/Pretreatment Coordinator may decline to issue or reissue a wastewater
discharge permit to any user who has failed to comply with any provision of this ordinance, a
previous wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair damage to the POTW caused by its discharge.
8-6A-12.3 Water Supply Severance
Whenever a user has violated or continues to violate any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
51
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
r'1
requirement, water service to the user may be severed. Service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its ability to comply.
8-6A-12.4 Public Nuisances
A violation of any provision of this ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by the Supervisor/Pretreatment
Coordinator. Any person(s) creating a public nuisance shall be subject to the provisions
governing such nuisances, including reimbursing the Village for any costs incurred in removing,
abating, or remedying said nuisance.
8-6A-12.5 Contractor Listing
Users which have not achieved compliance with applicable pretreatment standards and
requirements hereby declared to be non -responsible user's and therefore are not eligible to
receive a contractual award for the sale of goods or services to the Village. Existing contracts for
the sale of goods or services to the Village held by a user found to be in significant
noncompliance with pretreatment standards or requirements may be terminated at the discretion
of the Supervisor/Pretreatment Coordinator.
8-6A-13: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
8-6A-13.1 Upset
A. 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.
52
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of
paragraph (C), below, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) 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
(3) The user has submitted the following information to the
Supervisor/Pretreatment Coordinator within twenty-four (24) hours of
becoming aware of the upset (if this information is provided orally, a
written report must be provided within five (5) days):
(a) A description of the indirect discharge and cause of
noncompliance;
(b) The period of noncompliance, including exact dates and times or,
if not corrected, the anticipated time the noncompliance is
expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of an
upset shall have the burden of proof.
E. 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.
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.
53
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-13.2 Bypass
A. For the purposes of this section,
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a
user's treatment facility.
(2) "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.
B. 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 paragraphs (C) and (D) of this section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the Supervisor/Pretreatment Coordinator, at least ten (10) days
before the date of the bypass, if possible.
(2) A user shall submit oral notice to the Supervisor/Pretreatment Coordinator
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 Supervisor/Pretreatment Coordinator may waive the written report on
a case-by-case basis if the oral report has been received within twenty-four
(24) hours.
D. (1) Bypass is prohibited, and the Supervisor/Pretreatment Coordinator may
take an enforcement action against a user for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
(b) 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
54
Chapter 6
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
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
(c) The user submitted notices as required under paragraph (C) of this
section.
(2) The Supervisor/Pretreatment Coordinator may approve an anticipated
bypass, after considering its adverse effects, if the Supervisor/Pretreatment
Coordinator determines that it will meet the three conditions listed in
paragraph (DX 1) of this section.
8-6A-15: MISCELLANEOUS PROVISIONS
8-6A-15.1 Pretreatment Charges and Fees
The Village may adopt reasonable fees for reimbursement of costs of setting up and
operating the Village's Pretreatment Program which may include:
A. Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a user's discharge, and reviewing monitoring reports
submitted by users;
B. Fees for reviewing and responding to accidental discharge procedures and
construction;
C. Fees for filing appeals; and
D. Other fees as the Village may deem necessary to cant' out the requirements
contained herein. These fees relate solely to the matters covered by this ordinance
and are separate from all other fees, fines, and penalties chargeable by the Village.
8-6A-15.1 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction,
the remaining provisions shall not be effected and shall continue in full force and effect.
55
Chapter 6 ,
Sewer and Wastewater Treatment
Article A. General Pretreatment Program
8-6A-16: EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage,
approval, and publication, as provided by law.
,,\BA\TER\SEC\PRO1\Bem1\')90503\BENVL PRETREATMENT ORDINANCE.dm
56