HomeMy WebLinkAboutORDINANCE - 1769 - 1/14/1986 - WASTERWATER PRETREATMENT, REQUIREMENTSORDINANCE NO. 1769
AN ORDINANCE AMENDING ORDINANCE NO. 1753
THEREBY AMENDING SEC. 22A.1201 OF ARTICLE XII
OF CHAPTER 22A OF THE MUNICIPAL CODE AND FURTHER
AMENDING SECTION 2 OF ORDINANCE NO. 1753 BY
DELETING SAID SECTION IN ITS ENTIRETY
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 Sec. 22A.1201 of Article XII, REQUIRE-
MENTS FOR WASTEWATER PRETREATMENT/DUPAGE COUNTY PROPERTY
be and the same is hereby amended to read as follows:
22A.1201 That there is hereby adopted as and for
regulations with respect to the General Pretreatment Program
regulating use of sewers for property located in the Village
of 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 the 15th day of August, 1985 entitled
"AN ORDINANCE ENACTING A GENERAL PRETREATMENT PROGRAM, REGU-
LATING USE OF ,SEWERS AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF", three (3) copies of which are on file in the Office
of the Village Clerk of the Village of Elk Grove Village.
The Village of 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: That Section 2 of Ordinance No. 1753
be and the same is hereby deleted.
Section 3: That the Village Clerk is hereby 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.
VOTES: AYES:
NAYS:
ABSENT:
ATTEST:
APPROVED:
Charles J. Zettek
Village President
Patricia S. Smith
Village Clerk
PASSED this 14th day of January , 1986.
APPROVED this 14rh day of January , 1986.
PUBLISHED this 16th day of January 1986,
in pamphlet form.
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ORDINANCE NO. 1753
AN ORDINANCE AMENDING CHAPTER 22A OF THE
MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE
BY ADDING THERETO A NEW ARTICLE ENTITLED REQUIREMENTS
FOR WASTEWATER PRETREATMENT/DU PAGE COUNTY PROPERTY
WHEREAS, the Village of Elk Grove Village and
the Village of Bensenville have entered into a Joint Waste-
water Service Agreement which Agreement requires the enact-
ment of certain Pretreatment Ordinances within the respective
municipalities; and
WHEREAS, the Village of Bensenville has adopted
its Pretreatment Ordinance on the 15th day of August, 1985
and the President and Board of Trustees of the Village
of Elk Grove Village after having reviewed same find and
believe that the adoption by reference of said Ordinance
is likewise necessary for the public health, safety and
welfare of those residents of Elk Grove Village who reside
or are housed in Du Page County;
NOW, THEREFORE, BE IT ORDAINED, by the President
and Board of Trustees of the Village of Elk Grove Village,
Counties of Cook and Du Page, Illinois as follows:
Section 1: That Chapter 22A of the Municipal
Code of the Village of Elk Grove Village be and the same
is hereby amended by adding thereto a new Article which
Article shall read as follows:
ARTICLE XII
• se • area •• � a -
22A.1201 That there is hereby adopted as and
for regulations with respect to the General Pretreatment Program
regulating use of sewers in the Village of Elk Grove Village, the
Ordinance and Regulations duly adopted by the Village of Bensenville
on the 15th day of August, 1985 entitled "AN ORDINAN(M ENACTING A
GENERAL PRETREAnff= PROGRAM, REGULATING USE OF SESYERS AND PROVIDING
PENALTIES FOR VIOLATIM TR MMF', three (3) copies of which are on
file in the office of the Village Clerk of the Village of Elk Grove
Village.
22A.1202 Penalty. That any person violating any of the
Provisions of this Article shall be subject to a fine of not less
than Twenty-five ($25.00) Dollars nor more than Five hundred ($500.00)
Dollars for each offense. In addition to the penalties above stated
any user of the Bensenville Treatment Facilities and who is a resident
or is housed in the Village of Elk Grove Village may be further subject
to such penalties and costs as are set forth in the Bensenville Ordinance
above adopted by reference.
Section 2: That any reference in said Ordinance to the
Village of Bensenville shall be amended to read the Village of Elk
Grove Village.
Section 3: That the terms and provisions of this Ordinance
shall not apply to any wastewater users located in the County of Cook
or in the County of Du Page who are presently using the Metropolitan
Sanitary District for sewage treatment.
Section 4: That the Village Clerk is hereby authorized
to publish this Ordinance in pamphlet form.
Section 5: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication according
to law.
C
8.5 Nothing in this Agreement shall be read or
construed to limit or negate either parties' right to chal-
lenge or oppose any -proposed -or --adopted law or regulation.
9. Pretreatment Ordinances
Within 30 -days after USEPA approval of Bensenville's
pretreatment ordinance, Elk Grove shall adopt, -and Elk Grove --
shall at all times during the term of the Agreement keep in
force, an ordinance authorizing Bensenville to enforce
Bensenville's pretreatment ordinance against Dischargers
within the Service Area. -,Elk Grove's ordinance shall
provide that Bensenville shall have the power and authority
to do within the Service Area whatever Bensenville is empow-
ered to do under the terms of its pretreatment ordinance
within the village limits of Bensenville, including, but not
limited.to, to require submittal of information and reports,
to require Dischargers to conduct effluent sampling at their
own expense, to go onto premises for the purpose of inspection,
to bring enforcement actions, and to issue or deny pretreat-
ment permits.
10. Access and Inspection
10.1 Bensenville, upon reasonable notice to Elk
Grove, shall have the right to inspect the Elk Grove Facili-
ties and take any measurements, samples or tests it deems
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VOTES: AYES: 5
NAYS: 0
ABSENT: 1
PASSED this 8th day of October , 1985.
APPROVED this 8th day of October , 1985.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
PUBLISRED this 16th day of October , 1985
in pamphlet form in the Elk Grove Daily Herald
AN ORDINANCt ENACTING A GENERAL PRETREATMENT PROGRAM,
REGULATING USE OF SEWERS
AND PORVIDING PENALTIES FOR VIOLATIONS THEREOF
IN THE VILLAGE OF BENSENVILLE
PREAMBLE
WHEREAS, Title III of the Clean Water Act of 1977 (33 USC,.Sec. 1251., et seg.)
and regulation5promulgated thereunder relating to the development by publicly
owned treatment workd of general pr,treatment programs requires the Village of
Bensenville to develop and implement such a general pretreatment program, and
WHEREAS, the Board of Trustees of the Village of Bensenville has determined
that the general pretreatment program as set forth in this Ordinance regulatin
the use of severs complies with the Act and regulations, and
WHEREAS, a certain Joint Wastewater Service Agreement of 1984 entered
into by and between the Village of Bensenville and Elk Grove Village authorize
Bensenville to -enforce its pretreatment ordinance within the Elk Grove service
area defined by said Agreement, and
WHEREAS, the Board of Trustees of the Village of Bensenville has determined
that this Ordinance is necessary for the public health, safety and welfare.
NOW, THEREFORE, be it ordained by the.Board of Trustees of the Village of
Bensenville, State of Illinois:
PART 100
GENERAL PROVISIONS
Section 101.100 Enactment
Pursuant to the requirements of Title II of the Clean Water Act Amendments
(33 USC 1311 et seq.) and regulations promulgated thereunder, the Illinois
Environmental Protection Act'of 1970, as amended (Ch. 111 1/2, Ill. Rev. Stat.
1983, Sec, 1001, et _seq.), and in accordance with Illinois Municipal Code, (Ch.
24, Ill. REc. Stat, 1903, Sec, 11-141-1, et seq.), the following Ordinance is
hereby enacted by the Board of Trustees of the Village of Bensenville.
Section 100.105 Purpose and Policy
This Ordinance regulates the discharge of water and vast* into the Village
wastewater system.
The objectives of this Ordinance are:
a) To regulate private wastewater disposal systems;
b) To prevent the introduction of pollutants into the Village wastewater
system that will interfere with the operation of the system, including
interference with its use or disposal of resulting sludge;
c) To prevent the introduction of pollutants into the Village wastewater
system that will pass through the ssytem, inadequately treated, into
receiving vates or the atmosphere or otherwise be incompatible with the
system; and
BENS ORD/GENL
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d). To improve the op- -tunity to recycle and rec'-im wastewater and sludges
from the system.
Section 100.110 Jurisdiction
This Ordinance shall apply to the Village of Bensenville and to persons outs
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 Wastewate Service Agreement of 1954 entered in
by and between the Village of Bensenville and Elk Grove Village. The
Elk Grove service area does not include that area of Elk Grove served by
the " Devon -O'Hare" treatment plant until such time as that area is connecte
to the POTW.
Section 100.120 Right of Revision
The Village reserves the right to establish by Ordinance more stringent
limitations or requirements on discharges to the POTW.
Section 100.125 Severability
If any provision, paragraph, word, section or article of this Ordinance is
invalidated by any court of competent jurisdiction, the remaining provisions
paragraphs, words, sections and chapters shall not be affected and shall
continue in full force and effect.
Section 100.130 Conflict
All other Ordinances and parts of other Ordinances inconsistent or conflictil
with any part of this Ordinance are hereby repealed to the extent of such
inconsistency or conflict..__
Section 100.135 Administration
Except as otherwise provided herein, the Superintendent of Wastewater shall
administer, implement, and enforce the provisions of this Ordinance.
Section 100.140 Funding
It is the intent of the Village to pass all costs of the Program to
Industrial Users.
BENS ORD/GENL
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PART 200
ABBREVIATIONS AND DEFINITIONS
Section 200.100 Abbreviations
The following abbreviations shall have the designated meanings:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
FOG Fats, Oils, and Grease
IEPA Illinois Environmental Protection Agency
mg/l Milligrams per liter
NCPS National Categorical Preteratment Standards
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
PSES Pretreatment Standards for Existing Sources
PSNS Pretreatment Standards for New Sources
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act (42USC 6901 et seq.)
TSS Total Suspended Solids
TTO Total Toxic Organics
USC United States Code
USEPA United States Enivronmental Portection Agency
Section 200.110 Definitions
"A" as in "Cyanide -A" means amenalble to alkaline chlorination.
"Act" means the Federal Water Pollution Control Act, also sknown as the Clean
Water Act, as amended. (33 U.S.C. 1251, et seq).
"Authorized Representative of Industrial User" is (i) a principal executive
officer of at least the level of vice president, if the Industrial User is a
corporation; (ii) a general partner of proprietor if the Industrial User is a
partnership or proprietorship, respectively; (iii) a duly authorized
representative only if the suthorization is made in writing to the Village by
a person described above.
"Biochemical Oxygen Demand (BOD)" means the quantity of oxygen, expressed in
mg/1, utilized int eh biochemical oxidation of organic matter under standard
laboratory procedures as described in Standard Methods.
"ChemicalOz en Demand (COD)" means the quantity of oxygen consumed from a
chemical oxidant standard potassium dichromate solution) under standard
laboratory procedures as described in Standard Methods.
"Combined Waste Stream Formula" means the formula set forth in 40 CFR
Section 403.6(e).
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"Composite Sample" mea- a sample of wastewater be 'd on a flow proportional
or time proportional :hod.
"Co'cling Water" means the water discharged from any use such as air condition
ing, cooling or refrigeration, to which the only pollutant added is heat.
"Compatible Pollutant" means bichemical oxygen demand, chemical oxygen demand
FOG, suspended solids, pH and fecal coliform bacteria.
"Consistent POTW Treatment Works Removal, Pollutant Removal or Removal" means
reduction in the amount of pollutant or alteration of the nature of concen-
tration 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.
"Director" means the Director of IEPA.
"Village" means the Village of Bensenville.
"Superintendent of Wastewater" means the director of the POTW.
"Existing Source" means any building, structure, facility or intallation from
which there is or may be a discharge, which is not a New Source.
"Fecal Coliform" means any number of organisms ocmmon to the intestinal tract
of man and animals whose presence in sanitary sevage is an indicator of
pollution.
"Fats, Oil, or Grease (FOG)" means any hydrocarbons, fatty acids, soaps, fats
waxes, oils, and any other material that is extracted by trichlorotFi-
fluoroethane solvent.
"Flow" means volume of wastewater per unit of time.
"Garbage" means solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the commercial handling, storage
and sale of produce.
"Grab Sample" means 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" means all pollutants other than compatible pollutant:
as difined in this Section.
"Indirect Discharge or Discharge" means the introduction of pollutants into
a POTW from any non-domestic source regulated under Section 3C7(b),(c) or (d
of the Act.
MMM
"Indust.rial User" mean Isource of Indirect Disch Se, including but not
1 mited,to, a manufactL_ing or processing facility, or other facility engaged
.in the purchase or sale of goods, transaction of business or rendering of
services to the public.
"Interference" means a Discharge by any Industrial User which alone or in
conjunciton with discharges by other sources,*inhibits or disru;ts 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 sludge use on 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 II, 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 the SWDA)
the Clean Air Act, the toxic Substance Control Act, and the Marine Protection
Research and Sanctuaries Act.
"National Categorical Pretreament Standard" means any pretreatment standard
specifying quantities or concentrations of pollutants which may be discharged
to a POTW by Industrial Users in specific industrial subcategories as
established in regulations promulgated by the USEPA in 40 CFR ehapter I,
Subchapter N.
"National Pollutant Discharge Elimination System Permit (NPDES Permit)" means
a permit issued under the National Pollutant Discharge Elimination System
for discharge of wastewaters to the navigable waters of the United States
Pursuant to the Act.
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^,r,rW SOURCE" means any gilding, structure, facil , remodeling ( if that
recOdeling could result in the assigning by the Village of the new Standard
Ind.ustrial Classification code) or 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" means the Discharge of Pollutants through the PTOW into
navigable waters in quantities or concentrations, which, alone or in
conjuction with Discharges from other sources, is a cause of a violation
of any requirement of the POTW's HPDES permit (including an increase
in the magnitude or duration of a violation).
"Permitted Wastewater Hauler Vehicle" means a vehicle used for hauling waste-
water, which has been granted a permit under the reqirements of this
Ordinance.
"Person" means any individual, firm, company, association, society,
corporation group, partnership or municipality.
"PH" means the acidity or basicity of a solution, calculated by taking
the logarithm of the reciprocal of the hydrogen ion concentration.
"Pollutant" means 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 Plant" means the Village facilities designed to provide
treatment to wastewater.
"Fretreatment" means the reduction of the amount of pollutants, the elimin-
ation of pollutants, or the alteration of the nature of pollutant pro-
perties in wastewater to a less harmful state prior to or in lies of dis-
charging or otherwise introducing such pollutants into the POTW.
am
"Pretreatment Standards" means for any specified pollutant, Village pro-
hibitive 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.
"Pretreatment Requirements" means any substantive or procedural requirement'
related to pretreatment, other than a pretreatment standard, imposed on an
Industrial User.
"Publicly owned treatment works (POTW)" means the " treatment works", as
defined by Section 212 of the Act, owned by the Village and any devices and
systems used in the conveyance, storage, treatment, recycling or reclamation
of municipal sewage or industrial waste= of a liquid nature that are
connected to the Bensenville POTh( ) regardless of ownership,
but does not include severs, 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 device and systems owned or operated by the Village.
"Regional Administrator" means the Regional Administrator for the
USEPA for Region V.
"Sanitary Sever" means a sever which is designed to carry sanitary and
Industrial wastewater, and to which storm, surface and ground water are not
intentionally admitted.
"Shall" is mandatory. "May" is permissive.
"Significant User" means any Industrial User of the POTW who:
1. Has a discharge floc of 25,000 gallons or more per average work day; or
2. Has a dicharge flow greater than 5 percent of the flow in the POTW
treatment plant; or
3. Has in its wastewater incompatible ^ollutants or compatible
pollutants that exceed the strength of normal domestic waste; or
4. Is found by the Village, IEPA or USEPA to have significant impact,
either alone or in combination with other contributing industries, on
the wastewater treatment system, the quality of sludge, the plant's
effluent quality, or air emissions generated by the plant; or
5. Is subject to any National Categorical Pretreatment Standard
"Si icant Violation" means a vilation of this Ordinance which remains
uncornifrected 5 days after notification of noncompliance; which is part of
a pattern of noncompliance over a twelve month period; which involves
failure to accurately report noncompliance; or which resulted in the
Village exercising its emergency authority under Sections 500.120 or
500.130.
"Sludge" means the settleable solids separated from the liquids during the
wastewater treatment processes.
"Slug" means any discharge of water orwastewater which in concentration of
any given pollutant, as measured by a grab sample, exceeds more than five
(5) times the allowable concentrations as set forth in Part 300 of this
Ordinance, or any pollutant, including oxygen demanding pollutants (BOA, etc.)
discharged at a flow rate and/or pollutant concentration which will cause
Interference.
"T" and in "Cyanide -T" means total.
"Total Metals" means the sum of the concentration of Metals in Section
300.110.
"Total Solids" means the sum of suspended and dissolved solids.
"Total Suspended Solids (TSS)" means total suspended matter, expressed in
milligrams per liter, that either floats on the surface of. or is in
suspension in water, wastewater or other liquids and is removable by lab-
oratroy filtration using a Reeve Angel type 934A or 984H glass fiber filter
as prescribed in Standard Methods.
"Total Toxic Organics" means the' summation of all quantified values greater
than 0.01 milligrams per liter for the toxic organics specified in the
applicable regulation.
"Unpolluted Water" means water of quality equial of or better than the
effluent criteria set forth in 35 I11. Adm. 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" means 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, inadequatee treatment facilities, lack of preventive
maintenance, or careless or improper operation.
"User" means any person who contributes, causes or permits the contribution
of wastewater into the POTW.
"Village" means the Village of Bensenville.
"Wastewater" means 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 rlumbing facilities.
B. Industrial Wastewater mens a combination of liquid and water carried
wastes discharged from any Industrial User, including the wastewater from
pretreatment facilities and polluted cooling water.
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"Wastewater Discharge Permit" means the document or documents issued to a
User by the Village pursuant to Part 400 of this Ordinance
"Wastewater Hauler" means and persoA engaged in transporting sanitary
wastewater as a commercial venture.
"Waters of the State of Illinois" means all streams, lakes ponds, marshes
water 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 border upon the State of Illinois
or any portion thereof.
BEES QRD/DEFS -
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PART 300
WASTEWATER TREATMENT AND PRETREATMENT REGULATIONS
Section 300.100 Use of Wastewater Facilities
a) It shall be unlawfulfor any person to deposit or discharge, or to cause
to be deposited or discharged, to the POTW, any solid, liquid or
gaseous waste unless through a connection approved by the Village.
b) It shall be unlawful to discharge, without an NPDES permit, to any
waters of the State of Illinois within the Village or in an area under
its jurisdiction.
Section 300.105 Prohibitive Discharge Standards
a) No person shall discharge or cause to be discharged to the POTWany
stormwater, foundation drainvater, groundwater, roof runoff, surface
drainage, cooling water, or any other unpolluted water.
b) No User shall discharge or cause to be discharged, directly or in-
directly, any pollutant or wastewater which will Interfere with the
POTW or will Pass Through the POTW.
c) The following general prohibitions shall apply to all Users of the
POTW whether or not a User is subject to National Categorical Pre-
treatment Standards or any other national, state or local Pretreatment
Standards or Requirements. A User may not contribute the following
substances to the POTW:
1) Any liquids , solids or gases which by reason of their nature or
quantity are, or may be, sufficient either alone or by interactio_
with other substances to cause fire or explosion or be injurious or
hazardous in any other way to the POTW or to the operation of the
POTW. At no time, shall two successive readings on a zeter capable
of reading L.E.L. ( lower explosive limit) at a point at the nearest
acces sible point to the POTW (Treatment Plant) in a sanitary sewer,
at the point of discharge into the POTW (Treatment Plant), or at any
point in the POTW (Treatment Plant) be more than five percent(5%)
nor any single reading greater than ten percent(10%). Materials for
which discharge is prohibited under this subsection include, but are
not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene
ethers, alcohols, ketones, aldehydes, peroxides,chlorates,
perchlorates, bromates. polychlorinated biphenyls, polybrominated
biphenyls, carbi:es, bydrides, stoddard solvents, and sufides.
2) Solid or viscous substances which may obstruct flow in a sever or
other Interference with the operationof the POTW cause such as, but
not limited to be grease, particles greater than one-half inch ('h•)
in any dimension, animal guts or tissues, paunch manure, bones, hair
bides orfleshinF , entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw, shavings
grass clippings, rags, spent grains, spent hops, waste paper, wood,
pplastics tar, asphalt residues from refining or processing of
fuei or lubricating oil, mud or glass grinding or polishing wastes
or tumbling and de -burring stones.
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I
3)Any wastewater which will cause corrosive structural damage to the
POTW, but in no case wastewater having a pH less than 5.0, unless
more stricltly limited elsewhere in this Ordinance.
4) Any wastewater containing incompatible pollutants in sufficient
quantity, either singly or by interaction with other pollutants,
to injure or interfere with any wastewater treatment process, cons-
titute a hazard to humans or animals, cause a violation of the water
quality standards of the receiving waters of the POTW, exceed limit-
ations set forth in a National Categorical Pretreatment Standard
or Section 300.110 of this Part 300, or create a public nuisance.
5) Any noxious or malodorous liquid-, gased, or solids which either
singly or by interaction with other wastewaters are sufficient to
create a public nuisanceor hazard to life or are sufficient to
prevent entry into severe for maintenance and repair.
6) Any wastewater having a temperature at the point of discharge to the
POTW which will inhibit biological activity in the POTW Treat-
ment Plant in no case shall wastewater be introduced to the POTW
which exceeds 65 degrees C (157 degrees F) or which exceeds 40
degrees C ( 104 degrees F) at the POTW Treatment Plant.
7) Any Wastewater containing any radioactive wastes or isotopes of such
halflife or concentration as may exceed limits established by
State or Federal regulations.
b) Any wastewater which may contain more than 100 mg/l of fat, oil, or
grease (FOG)or trichlortrifluoroethane extractable material.
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12) Any wastewater containing BOD, total solids, or suspended solids
of such character and quantity that unusual attenti-n or expense
is required to handle such materials at the sewage treatment plant;
provided however, that a User may be permitted by specific, written
agreement with the Village which agreement to discharge such BOD or
TSS may provide for special charges, payments or provisions for
treating and testing equipment.
10) Any discharge exceeding the standards established in 35 Ill. Adm.
Code Part 307.
11) Any slug discharged to the POTW.
Complinace with the provisions of this Section 300.105 shall be required
on the effective date of this Ordinance.
Section 300.109 Allocation of Pollutants
a) The total allocation of the pollutants to each existing industry will
be established for the industrial dischargers of each pollutant as the
number of industries is obtained by sampling and analysis, and waste-
water discharge pemit applications are received, with specific
limitations on discharges established in the individual discharge
permits.
b) Discharges from each separate discharge of a User, as measured under
the provisions of this Ordinance, shall not contain in excess of the
permitted allocation of the pollutants based upon a 24 hour com-
posite sample. Multiply industrial wastewater discharges from a
permitted facility may be combined in a flow weighted manner to deter-
mine compliance with the permitted limitations.
c) The Village will maintain a reserve of 10% to 15% of the maximum
allowable infulent limit of each pollutant for new industries
or increase with existing industries. The Village will recalculate
the maximum concentrations from time to time to refelct removal
credits allowed, based on using site specific data.
Section 300.115 Incorporation of National Categorical Pretreatment Standards
a) National Categorical Pretreatment Standards (NCPS) shall be
effective within the Village according to their terms and
said standards, if more stringent than the limitations imposed
under this Ordinance, shall, when effective, immediately supersede.
the limitation and conditions imposed under this Ordinance. The
Village shall notivy all known affected Users of the applicable
reporting requirements under 40 CFR Section 403.12.
b) Pretreatment Standards promulgated by the State of Illinois
shall be effective within and enforceable by the Village according
to their terms. Such standards, if more stringent than the_limi-
tations imposed by this ordinance, shall , when effective, immediatel}
supersede the limitations and conditions imposed by this ordinance.
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Section 3D3.120 Fi National CAtegorical Pretrea. nt Standards
(
pretreatment standards have been punulgated by USEPA for the following
Industrial Users:
Toxic Organics
Subpart A - sersoarductors 07/01/84
Subpart B - electronic crystal 07/01/84
Arsenic
Subpart B - electronic crystal 11/08/85
- 15 -
Regulation
Oompliance
Point Source Category
40
CFR Part
Date
a)
printed circuit board manufacturers
413
04/27/84
(Job shop and independent)
(Electroplating (integrated facilities)
413
06/30/84
b)
'lietal finishing
433,
02/15/86
as
amended
s
c)
Copper farming
468,
08/15%86
as
amended
d)
Inorganic chemicals (Phase I)
415
06/29/85
e)
Porcelain enameling
466
11/25/85
f)
Pulp, paper and paperboard
430 i 431,
07/01/84
as
amended
g)
Textile mills
410
09/02/85
h)
Timber products
429,
01/26/85
as
amended
i)
Coiling coating (Phase I)
465,
12/01/85
as
amended
j)
Leather tanning and fimshi.ng
425
11/25/85
as
amended
k)
Coil coating (Phase II)
465,
11/17/86
as
amended
1)
pharmaceutical manufacturing
439,
10/27/86
as
amended
m)
Electrical and electronic
469,
components
as
amended
Toxic Organics
Subpart A - sersoarductors 07/01/84
Subpart B - electronic crystal 07/01/84
Arsenic
Subpart B - electronic crystal 11/08/85
- 15 -
Toxic metals, fluoride and total
toxic organics'
Subpart C- cathode ray tube 07/14/86
n) Aluminum forming 467, 10/24/86
as amended
o) Iron and steel manufacturing 420, 07/10/86
as amended
p) Petroleum refining 419, 12/01/86
as amended
q) Steam electric power plants 125 & 423 01/01/86
as amended
r) Battery manufacturing 461, 03/09/87
as amended
s) Inorganic chemicals (Phase II) 415,
as amended
Subpart A,B,L.AL, AR, BA, & BC 07/20/80
Subpart AV, AU, BL, BN., BN &BO 08/22/87
All other subparts 06/29/85
t) Nonferrous, metal manufacturing 421, 03/09/87
as amended
Section 300.125 Pretreatment
All Industrial Users shall provide necessary wastewater pretreatment- _=_
required to co_-1-� with this Ordinance and shall achieve compliance
all aTLlicatle -retreatment standards within the time limitations as
specified b;- eo_rro-fate statutes, regulations and this Ordinance. Re-
quired Treatment technology shall be provided, properly operated and
maintained at the User's expense. Industrial Users shall obtain al nec-
essary construction operating permits from the IEPA ( and significant
users shall obtain Wastewater Discharge Permits for the Village).
prior to commencing construction of such facilities. Such pretreatment
facilities shall be under the control and direction of an IEPA certified
Wastewater Treatment Operator. Any subsequent significant changes in the
treatment facilities or method of operation shall be reported to and be a
accepted by the POTW prior to the Industrial User's initiation of the changes.
Section 300.130 Excessive Discharge
No user shal-increase the use of process water or in any way attemrt
to dilute a disc,.arge as a partial or complete substitute for prEtreatment
necessary to comply with all applicable Pretreatment Standards.
MOV
Sertion 300.105 Spill Containment
a) Each Industrial user having the ability to cause Interference or Pass
through or to violate the regulatory provisions of this Ordinance
shall provide portection form accidental discharge to the POTW of
prohibited materials or other substances regulated by this Ordinance
Facilities to prevent accidental discharge of prohibited materials
sball 'be provided and maintained at the User's expense.
b) All Industrial Users whose wastewater includes or could include
compatible or incompatible pollutants in amounts great enough
to cause Interference or Pass Through must file with the Village
detailed plans shoving facilities and operating procedures necessary
to provi?e protection from accidental discharges. All Industrial
Usersshall complete construction of such facilities by January
1, 1957. lo Industrial User who begins contributing or could contribute
such pollutants to the POTW after the effective date of this
Ordinance shall be permitted to introduce such pollutants into the
POTW until accidental discharge facilities and procedures, as k
appropiate, have been apporved by the Village and installed by the
Industrial User. Review and approval of such plans and operating
procedures shall not believe the Industrial User form the responsibilt)
to modify its facility as necessary to meet the requirements of this
Ordindance.
c) In the case of an accidental or deliberate discharge of compatible
or incompatible pollutants which may cause Interference or Pass
Through or violate requirements of this Ordinance, it shall
be the responsibility of the Industrial User to immediately
telephone and notify the Village of the incident. The notificaticn
shall include name of caller, location and time of discharge, and tLe
characteristics and volume of the discharge.
d) Wihtin fifteen (15) days following such an accidental or deliberate
discharge, the Industrial User shall submit to the Village a detailed
written report describing the cause of the discharge and the measures
to be taken by the User to prevent similar fuure occurrences. Follow-
up reports may be required by Village as needed. Such report, or
reports, shall not relieve the Industreial User of any expense, loss,
damage or other liability which may be incurred as a result of
damage to the POTW, fish kills, or any other damage to person or
porperty; nor shall such report relieve the User of any fines, --
civil penalties, or other liability which may be imposed under this
Ordinance or otherwise. Failure to report accidental or deliberate.
discharges may, in addition to any other remedies available to
Village, result in the revocation of the discharges Wastewater
Discharge Permit.
e) The Industrial User shall control its production and discharges to the
extent necessary to maintain in compliance with all applicable
Pretreatment Standards and Requirements upon complete or partial
breakdown, or malfunction or failure of its treatment facility until
the facility is restored or an alternative method of treatment is
provided. This requirement applies during power failures among other
things,
7
f) •A notice in Ena�ish and tbti language of com_un use of an
Industrial Users employeesiposted on the User's bulletin board or
other prominent place advising employees whom to call in the event
of a discharge of compatible or incompatible pollutants in amounts
large enouth to cause Interference or Pass -Through. Such notice
shall include a list of all pollutants discharged by the Industrial
User for which Pretreatment Standards exist. Employers shall insure
that all employees who are in a position to cause, discover, or
observe such an accidental discharge are advised of the emergency
notification procedures.
Section 300.140 Wastewater Haulers
a) Wastewater haulers shall discharge all wastewater at the designated
wastewater hauler dumping station.
b) Wastewater haulers shall have a valid vastewate hauler discharge peri'
before discharging wastes to the POTW. Each permitted wastewater
hauling vehicle shall prominently display a number issued by the
Village on both doors of the vehicle cab. Such numbers shall be per-
mantly affixed. Decals for this purpose will be provided by the
Village to each wastewater hauler.
c) Each wastewater hauling vehicle shall meet the following conditions
before permits will be issued under Section 300.140 (b);
1. Until the Village provides scales for weighing wastewater
hauling vehicles, each truck tank shall have a sight glass
calibrated in 100 gallon.increments.
2. Each vehicle shall be equipped to use the quick disconnect
couplers at the wastewater hauler dumping station.
d) Wastewater discharged by a wastewater hauler shall comply with
the provisions of Part 300.
e) Each load delivered to the wastevater.rurring station must be
accompanied by a water hauler manifest properly filled out by the
scale operator on duty and signed by the wastewater hauler. The
sources of all liquied wastes being hauled to the POTW treat-
ment plant shall be properly documented using the Village
.manifest. -system.
f) All procedures for discharging, cleanliness and sanitary operation
prescribed by the Village shall be strictly adhered to by all
wastewater haulers delivering wastewater to the POTW dumping station.
g) Wastewater from non -Industrial Users shall not be mixed with
wastewater from Industrial Users. Vehicles hauling wastewater
from an Industrial User shall not be used to haul Wastewater from
a non -Industrial User for disposal at the POTW.
-18-
i
i) In addition to remedies available to the Village set forth
elsewhere in this Ordinance, failure of a wastewater hauler to
comply with the provisions of this section shall be grounds for
revocation of the hauler's dischage permit by the Village.
BEDS ORD/BEGS
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PART 400
DISCHARGE PERMITS
Section 400.100 Prohibition of Discharges Without or Contrary to a Permit
It shall be unlawful for any Industrial User to discharge watevater to the
Village POTW without or in violation of a permit issued by the Village in
accordance with the provisions of this Ordinance.
Section 400.105 Permits
a) All Significant Users which propose to connect to the POTW shall
obtain a Wastewater Discharge Permit before connecting to the POTW.
All Significant Users which discharge to the POTW as of the effective
date of this Ordinance shall obtain a Wastewater Discharge Permit within
180 days after the effective date of this Ordinance. All Industrial
Users which become Significant Users after the effective date of this
Ordinance shall apply for a Wastewater Discharge Permit within 180 days
after becoming a Significant User. (The latter includes, but is not
limited to, Industrial Users regulated bya newly promulgated Rational
Categorical Pretreatment Standard.)
b) Wastewater Discharge Permit Application
1) Significant Users required to obtain Wastewater Discharge Permits
shall complete and file with the Village an application in a form
to be prescribed and furnished by the Village, accompanied
by a fee of
2) Existing Significant Users shall apply for a Wastewater Discharge
permit within 90 days after the effective date of this Ordinance.
Proposed Significant Users sahll apply at least 90 days prior to
connecting to the POTW. In case of conflict between application
deadlines for Significant Users in Section 400.105(a) and 400.105(b)
(2), the stricter deadline shall apply.
3) If a Significant User does not submit an application for a
Wastewater Discharge Permit as required by Section 400.105 of this
Ordinance, the User shall be considered in violation of this
Ordinance and subject to enforcement procedures as set forth
in Part 500 of this Ordinance.
-20-
A) Permit applica. ins sahll be accompanied b; he following
information:
a) Name, address and location of the facility including the
name of the operator and owner;
b) SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended,
c) Wastewater constituents and characteristics including, but not
limited to, those set fortn in, or incorporated into, Part 300
of this Ordinance as determinedby a reliable analytical laborator
d) Time and durantion of discharge;
e) Average and maximum wastewater flow rates, in gallons per day,
including monthly and seasonal variation, if any;
f) Site plans showing all pipe sizes, manholes and locations of
sanitary and -storm sewers leaving the building,or premises,.
together with all connections to lateral sanitary and storm sewers
g) Total number of employees and hours of operation of the facility;
h) Proposed or actual hours of operation of pretreatment system and
the name of the IEPA certified pretreatment operator;
i) Name of the authorized representative;
J) Sources of intake water, uses of intake water, and all means
of wastewater disposal, including estimated volumes in each
category;
k) If additional operation and maintenanceor pretreatment techniques
or installations will be required to meet pretreatment standards,
the shortest schedule by which the Significant User will provide
such additional pretreatment. The completion date in this scbedul
shall not be later than the applicable compliance date under Part
300;
1) A list of all environmental control permits held by or for the
facility;
m) Any other information deemed, necessary by the POTW to evaluate
the permit application.
If the Idustrial User is subject to National Categorical Pretreatment
Standards, the following additional information shall be submitted:
n) Information showing the measured average daily and maximim daily
flow, in gallons per day, to the POTW from each of the following:
i. Regulated process streams, and
-21-
ii. Other streams as necessary to allov use of the combined
waste stream formula of 40 CFR Section 403.6(e).
o) The Significant User shall identify the National Categorical
Pretreatment Standards applicable to each regulated process and
shall submit the results of sampling and ananlsis identifying the
nature and concentration of regulated pollutants in the
discharge form each regulated process. Both daily maximum and
average concentration shall be reported. The sample shall be
representative of daily operations. Where feasible, samples must
be obtained through the flow -proportional composite sampling tech-
niques specified in the applicable National Categorical Pretreat-
ment Standard. Where composite damplin is not feaslible, a grab
sample is acceptable. Where the flow of the stream being sampled
is less than or equal to apporximately 250,000 gpd, the Significar
User shall take a minimum of three samples within a two-week peric
Samples shall be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream form the
regulated process if no pretreament exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment
in order to evaluate compliance with the I;ational Categorical
Pretreatment Standards, the Significant User shall measure the
flows ani concentrations necessary to allow use of the combined
waste stream formula of 40 CFR Section 403.6(e). Where an alt-
ernate concentration has been calculated in accordance with 40 CF:
Section 403.6(e), this adjusted limit along with supporting data
shall be submitted to the POTW. With POTW authorization,the
Significant User may submit information which utilizes only his-
torical date, so long as the data porvides information sufficient
to determine the need for industrial pretreatment measures. The
Significant User shall provide the time, date and place of
sampling me -hods of analysis and certification that such sampling
and analysis is representative of normal work cycles and
expected pollutant discharges to the POTW.
-22-
p) The Significant User shall provide a statement, reviewed by an
authorized representative of the User and certified by a
qualified professional, indicating whether National Categorical
Pretreatment Standards are being'met on a consistent basis and,
if not, whether additional operation and maintenance measures
(0&N.) or additional pretreatment is required for the Significant
User to meet the National Categorical Pretreatment Standards.
q) If additional pretreatment or ODM will be required to meet the
National Categorical Pretreatment Standrard, the Significant User
will provide the shortest schedule which will provide such
additioanl pretreatment or OWN.. The completion date in this
schedule will not be later than the compliance date established
for the applicable National Categorical Pretreatment Standard.
i. Where the Significant User's National Categorical
Pretreatment Standard has been modified by a removal
allowance (40CFR Section 403.7) or the combined waste
stream formula (40CFR Section 403.6(e)), or net/gross
calculations ( 40 CFR section 403.15), at the time the
Significant User submits an application, the information
required in Section 400.105(b)(4)(p) and (q) shall pertain
to the modified limits.
ii. If the National Categorical Pretreatment Standard for the
Significant User is modified after the discharge application
is submitted, the Significant User shall make any necessary -
amendments to inormation provided as a response to Section.
400.105(b)(4)(p) and (q) and submit them to the City within
60 days after the modified limit is aprroved.
r) The following conditions shall apply to any schedule submitted
in response tc Section 400.105(b)(4)(q):
i. The schefule shall contain, increments of progesss in the
form of dates for the commencement and completion of majcr
events leading to the sonstruction and operation of
additional pretreatment required for theUser to meet the
applicable National Categorical Pretreatment Standards
(e.g., hirin an engineer, completing preliminary plans,
completing final plans, executing contract for major
components, commencing construction, completion
constuction, etc.)
-23-
i
ii. No increment ref-rred to in Seciton 400.115(a)(4)(h)(i)
shall exceed nine months.
iii. Not later than 14 days following each date in the schedule
and the final date for cn7-]iance, the User shall submit a
progress report to the POTS' including, at a minimum, whether
or not it complied with the increment of porgress to be met
on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for
delay, and the steps being taken by the Industrial User
to return the construction to the schedule established. In
no event shall more than nine months elapse between such
progress reports of the POTW.
c) Review of Wastewater Discharge Permit Applications
The Village will evaluate the data furnished by the Significant User
and may require additional information. The evaluation process may,
at the discretion of the Village, include inspection of the
Significant Users facilities. After evaluation of the data available,
the Village shall issue a Wastewater Discharge Permit if it appears
that the Significant User is in compliance with, or will timely
com7ly with, the provisions of this ordinance. No temporary permit
willoe issued by the Village except as set forth in Section 400.105(g)
d) Permit Conditions
Wasetwater Discharge Permits shall incorporate all of the provisions
of this Ordinance and all other applicable ordinances, regulations,
user charges and fees established by the Village. Wastewater Discharg
Pernits shall also contain the following:
1. Limits on dail maximum and average pollutant loadings imposed ba
the applicable Pretreatment Standards whichever is more stringent.
2. Where the National Categorical Pretreatment Standards are
modified by a removal allowance (40 CFR Section 403.7),the
combined waste stream formul (40 CFR Section 403.6(e)), net/gross
calculations (40 CFR Section 403.15) or a Fundamentally
Different Factor Variance for nontoxics (40 CFR Section 403.13),
the limits as modified shall be imposed by the Wastewater
Discharge Permit.
3. Limits on maximum and average flow rate and time or period of
discharge and requirements for flow regualtion and equalization.
4. Requirements for installation and operation of inspection,
sampling and monitoring facilities.
e)
f)
g)
5. Specificat-ons for monitoring programs .bich may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedules.
6. Compliance Schedule if necessary.
7. Requirements for submission of technical reports or discharge re-
ports.
8. Requirements to retain for a minimum of three year records of
monitoring activities and discharges and for affording the Village
access to such records.
9. Requirements for advance notification to the Village of any
substantial change in the volume or character of the wastewater
constituents being introduced ino the POTW pursuant to the
terms of Section 400.105(e) of this Ordinance.
10. Requirements for notification for slugs as defined in this
Ordinance.
11. Requirements for reporting pretreatment sludge disposal practices.
12. Other conditions as deemed appropriate by the Village to ensure
compliance with this Odinance and Pretreatment Requirements and
Standards.
Change in Conditions
If at any time the permittee under a Wastewater Discharge Permit
has reason to believe that the characteristics or volume of its
wastewater discharge willchange materially or substantially, the
permittee shall notify the Village and submit a new permit
application,beyond that allowed by its permit without prier
approval of the Village.
Duration
Wastewater Discharge Permits shall be issued for a specified time
period, not to exceed five (5) years. The Permittee shall file
and application for renewal of its pemit at least 90 days prior to
its expiration.
Modification the Terms and Conditions of:
The terms and conditions of Wastewater Discharge Permits shall
be subject to modification by the Village during the term of the
permit as Pretreatment Standards or Requirements identified in
Part 300 are modified or other just cause exists. Significant
Users shall be notified of any proposed permit modifications
at least 30 days prior of the effective date of the modification.
Where modifications are made in Wastewater Discharge Permits, a
reasonable time shall be allowed to achieve compliance.
-25-
h)* Transfer
Wastewater Discharge Permits shall not be assigned, transferred or
sold to a new owner or new user in different premises or to a new
or different operation in the same or different premises without
the apporval of the Village. If the premises sold or otherwise
transferred by the permittee to a new owner wno will maintain
the operation in the same premised, than the pemit held by the
seller shall be reissued by the Village or the new owner as a
temporary permit;provided that the new owner shall immdeiately apply
fora new permit in accordance with this Ordinance 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.
Section 400.110 Denial of Permit and Appeal Procedure
a) No Wastewater Discharge Permit shall be issued to any Significant
User whose discharge of material to severs is not in conformity with
Village Ordinances and regulations, or whose application is
incomplete or does not comply with the requirements of Section
400.105(b) or (c), as applicable. The Village shall state the reason
or reasons for denial in writing and notice of per.ait denial
shall be mailed or personally delivered to the applicant within
ten(10) days after denial.
b) Significant Users may obtain review of permit denials by providing
the Village Board of Trustees written notice fo a request for review
within thrity (30) days after the written denial is mailed or
delivered. The Village Board of Trustees shall review t*e permit
application., "he written denial ar a such other evidence, written and
oral as the applicant and Superintendent of Wastewater --hall
present at a hearing called by the Village w?t:nir.
days of receipt of the request for review. The decision of the
Village Board of Trustees shall be final.
Section 400.115 Reporting Requirements For Permittee
a) Compliance Date Report
Within 90 days following the date for final compliance with
applicable Pretreatment Standards, or in the case of a Tew
Source. Within 45 diy s following commencement of the introduction
of wastewater into the POTW, any report, on forms provided by the .
Village, indicating the nature and concentration of all pollutants
in the discharge from processes which are limited by Pretreatment
Standards and the average and maximum daily flow for these process
units. The report shall state whether the appliceble Pretreatment
Standards are being met on a consistent basis ane,, if not,
what additionsl operation and maintenance or pretreatment tech-
niques or installations are necessary to bring the User into
compliance with the applicable Pretreatment Standards. This
statement shall be signed by an authorized representative of the
Insudtrial User, and certified to by an Illinois registered
Professional engineer.
t) Periodic Compliance Reportf
1. After the compliance date of any applicable Pretreatment
Standard or. in.the case ofa New Source, after discharge of
wastewater to the POTW begins, Industrial Users shall submit to
the Village on or before the 20th day of the months of
July, and January, for the preceeding two calendar quarter, a
certified report indicating the nature and concentration of
pollutants in the effluent which are limited by such applicable
Pretreatment Standards. In addition, this report sahll include
a record of average and maximum daily flows for the
reporting period.
2. At the request of the Village, such reports shall also include
concentrations of BOD/COD/TSS or other pollutants specified
by Village.
c) All Industrial Users that generate sludges from Pretreatment
Facilities shall be required to submit reports to the Village which
describe the sludge disposal methods used. Such reports shall
state the volume of sludge produced on daily basis, whether it
is a dry or wet sludge, the ultimate method and location of sludge
disposal and the number of the Illinois EPA Permit authorizing such
disposal. the report shall be submitted with the Periodic Com-
pliance Report unless directed otherwise by the Village.
Section 400.120 Monitoring Facilities
a) All Significant Users shall provide and operate at the User's expense
monitoring facilities to allow inspection, sampling, and flow
measurement of the building sewer or internal drainage system.
Such monitoring facilities shall to provided at the end of process_
and/or at the end of pretreatment facilities as reYuired by
wastewater discharge permits.
_27_
I
b) 'Whenever requird by a Wastekwate Dischrge Permit, a Significant
User shell installs large r-anbole or sampling chaber for each s
separate discharge in the building -sever in accordance with plans
and specifications apporved 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 campling chamber shall contain a Palmer-Bovlus Parshall
flume or equivalent unlessa 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
substantiated to the Village that the metered water supply and
waste quantities are approximately the smae, or where an adjustment
agreed to by the Village is made in teh metered water supply to
determine vastewate flow.
2) Sampling shall be performed as required by Significant User's
Wastewater Dicsharge Permits. The Village shall have the right to
performits own sampling at any time.
3. The sampling chamber, metering device, and documentation of
of the frequency of sampling, dampling methods and analysis of
samples shall be subject, at any reasonable time, to inspcetion by
the Village.
c) All measurements, tests, and analysis made pursuant to this
Ordinance shall be performed in accordance with 40 CFR Section 403.12(8)
and 40 CFR Part 13�.
Section 400.125 Instection, Sampling and RecordkeerinE
a) The Village may inspect the facilities of all Insudtrial User=_
and/or require the completion of industrial survey forms provided
by the Village to ascertain whether the purposes of this Ordinance
are being met and if all requirements of the Ordinance are being
complied with. Persons or occupants of premises in which a discharge
source or treatment system is located or in which records are kept
shall allow the Village or its repersentative access to all parts
of said premises for the purpose of inspection, sampling, examina-
tion and photocopying of records. The Village shall have the right
to set up on the User's property such devices as are necessary to
conduct sampling, monitoring and metering operations of wastewater
and sludges.
I"
b) Industrial users shall maintain records of all information resulting
from any monitoring activities required by this Ordinance, including:
1) The date, exact place, method, and time of sampling and the names
of the person or persons taking the samples;
2) The dates analyses were performed;
3) The person who performed the analyses;
4) The analytical techniques/method used; and
5) The results of such analyses.
c) Industrial Users shall maintain such records for a minimum of
three (3) years. This period or retention shall be extended during
the course of any unresolved litigation regarding the discharge
of pollutants by the Industrial User or operation of the Village
pretreatment program or when requested by the USEPA Regional
Administrator or the Director of IEPA.
Section 400.130 Confidential Information
a) Information and data relating to an Industrial User obtained from
reports, questionaires, permit applications, monitoring programs
and inspections shall be available to the public or other governmental
agencies without restriction unless the User specifically requests
and is able to demonstrate to the satisfaction of the Village,
that the release of such information would divulge information
processes or methods of production entitled to protection as
trade secrets of the User. All effluent data shall be available
to the public without restrictions.
b) When requested by the person furnishing a report, and until such
time as the Village determines that the requested information is
not entitled to confidential trsetment, the portions of a report
which might disclose trade secrets or secret processes shall not
be made available for inspection by the putlic, but shall be made
availacleupon written request to Zovernmenta'_ agenciesfor uses
related to this ordinance, the National Pollutant Discharge
Elimination System (NPDES) Permit, and for use by the state or
any state agency in judicial reviewor enforcement proceedings
involving the person furnishing the report.
c) Information claimed to be confidential by any User, shall not be
transmitted to the general public by the Village until and unless
a thirty -day notification of the Village's intent to release such
information to the genera] public has been provided to the User
claiming such information confidential and such User has failed
to demonstrate that such information is entitled to confidential
treatment.
PART 500
ENFORCEMENT PROCEDURES AND PENALTIES
Section 500.100 Public Notification of Significant Violators
The Village shall annually publish in the newspaper
list of Industrial Users who have committed Significant Violations of any
Pretreatment Requirment or Standard during the previous twelve months, The
notification shall also summarize any enforcement actions taken against
the Industrial Users during that period.
Section 500.105 Compulsory Compliance Procedures
a) Notice of Violation and Compliance Meeting
Upon determining that a violation of this Ordinance has occurred,
the Village shall notify the violator of such violation in writing
and set a time and place for a meeting (hereinafter refered to as a
"Compliance Meeting") to be attended by representatives of the Village
and the User. The purpose of such a meeting shall be to establish
necessary compliance measures to prevent further violations of this
Ordinance.
b) Compliance Directive
1) Following the compliance meeting, the Village shall issue a
Compliance Directive, directing the User to take such action as
may be required to control and prevent violations of this Ordinance.
2) Failure to comply with a Compliance Directive shall be deemed a
violation of this Ordinance and shall be grounds for revocation of
the User's Wastewater Discharge Permit and/or such other actions
as ma•: be authorized for violation of this Ordinance.
3) The Village's participation. is Compliance Meetings and issuance
of Compliance Directives shall not waive the Village's right to take
other enforcement actions or to seek penalties for the violations
which gave rise to the Compliance Meeting or subsequent violations.
- 31 -
• i
Se,ti'on 500.110 Revocation of Pe. -Mit
a) Conditions for Revocation
Any Significant User who violates this Ordinance, a Wastewater Discharge
Permit, the Illinois Environmental Protection Act or the federal Act,
or regulations promulgated under either act, or any of the following,
is subject to having its Wastewater Discharge Permit revoked in accordance
with the procedures of this Section 500.110:
1) Failure of a User to accurately report the wastewater constituents
and characteristics of its discharge; _
2) Failure of the User to report significant changes in process
activity or wastewate constituents and characteristics;
3) Refusal, the Village reasonable access to the Useri.§ premises for the
purpose of inspection or nomitoring;
L) Tampering with, disrupting, or destroying Village equipment;
5) Failure to report an accidental discharge of pollutant;
6) Failure to report an Upset.
b) Procedures for Revocation
1) Any permittee whose Wastewater Discharge Permit.is subject
to revocation under section 500.110(a) may be ordered to show
cause be'_'ore the Village Council or its designee_vby its permit
should not be revoked. A notice shall be served on the User
specifying the time and place of hearing to be held by the Eoard
of Trustees or its desginee regarding the viclatior, the reasons
why the action is to be taker., the proposed action., and directing
the User to show cause before the Board of Trustees or its designee
why its permit should no be revoked. The notice of the hearing
shall be served personally or by registered or certified mail,
return receipt requested, at least ten (10) days before the hearing.
Service may be made on any agent or office; of a corporation.
2) The Board of Trustees or its designee may conduct the hearing
and take evidence and may;
a) Issue notices of hearings requesting the attendance and test-
imony of witnessed and the production of evidence relevant
to any matter involved in such hearing; _
b) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendation=_
to the Board of Trustees or its designee for action thereon.
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3) At any hearing held puisuant to this Ordinance, testimony taken
must be under oath and -recorded stenographically. The transcript
so recorded, will be made available to any member of the public
or any party to the hearing upon payment of the usual copying
charges therefore.
4) After the Board of Trustees or its designee has reviewed the
evidence, it may issue and order to the User resoponsible for the
discharge directing.eitber (a) that the Wastewater Discharge
Permit be revoked and the service be disconnected, (b) that
following a specified time the permit shall be revoked and sever
service discontined unless adequate treatment facilities,
devices or other related appurtenances have been installed
and operated properly to comply with the discharge permit
(c), direct the User to cease the unauthorized discharge
effective after a specified period of time or granting such
other relief as may be necessary.
Section 500.115 Order to Show Cause Regarding Disconnection
The Village may, upon discovering anongoing or potential discharge to the
POTW which presents or may prsent a danger to the environment or which
Threatens to cause Interference or Pass-Througb immediately issue an order to
the discharger to show cause before the Board of Trustees or its designee
why the Village should not disconnect service or revoke the User's
Wastewater Discharge Permit. Procedures to be followed by the board of
Trutees or its designee in said proceeding shall be in accordance with
Part 500, Section 500.110 (b) of this Ordinance.
Section 500.120 Immediate Disconnection of Service
a) Conditions for Immediate Disconnection of Service
Any User is subject to immediate disconnection of service under
either of the following conditions:
1) Whenever immediate disconnection is required to halt or
prevent any discharge of pollutants to the POTW which reasonably
appears to the Village to present an imminent endangerment to
the health or welfare of persons; or
2) When ever the User's Wastewater Discharge Permit is revoked.
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b) Procedures for Imm_"iate Discci nection
1) Nothvithstanding Section 5'00.105, 500.110, or 500.115, the
Superintendent of Wastewater shall have the authority, after informal
notice to the User, to immediately halt or prevent any discharge
of pollutants to the POTW that reasonably appears to present an
imminent endangerment to the health or welfare of persons. When
the Superintend t of Wastewater determines that such an emergency
situation exists, he shall issue a verbal order (followed immediately
by a written order) to the User stating the problem and requiring
immediate cessation of the discharge. If the discharge is not
immediately creased, the Superintendent of Wastewater may disconnect
the User from the POTW. Methods of informal notice shall include,
but not be limited to, personal conversation between User and Village
employees, telephone calls, letters, hand delivered messages or notice
posted at the User's premises or point of discharge.
Section 500.125 Elimination of Discharge/Reinstatement
Any User notified of a disconnection of wastewater treatment service under
Sections 500.115, or 500.120 and/or revocation of its Wastewater Discharge
Permit shall immdeiantely stop or eliminate the discharge. In the event
of a failure of the User to comply voluntarily with the disconnection or
revocation order, the Village shall take such steps as are necessary,
including immediate severance of the sewer connection, to prevent or
minimize damage to the POTW or danger to individuals.
Section 500.130 Injunctive Relief
a) The Village may institute a civil action for an injunction to
restrian violations of this Ordinance.
b) Village may, upon discovering an ongoing or potential discharge of
pollutants to the Village POTW which reasonably appears to present
and imminent danger to the health or welfare of perosns, seek and obtain
from the Circuit Court of DuPage County a temporary restraining order or
preliminary injunction to halt or prohibit such discharge. Prior
to the filing of such petition , the discharger shall be given informal
notice of Village intention fo file such action. Methods of informal
notice shall include, but not be limited to, personal conversation
between dischargeer and Village employees, telephone calls, letters,
hand delivered messages or notices posted at the discharger's premises
or point of discharge, Personal contact between Village personnel and
the discharger shall be attempted, but shall not be a condition precedent
to the Village's right to seek a temporary restraining order.
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2tion•500.135 Additional Remedies
a) In addition to remedies available to Village set forth elsewhere in thsi
Ordinate, if the Village is assessed a fine, a civil penalty or cleanup
costs by the State of Illinois or USEPA for violation of a Village
NPDES Permit or effluent or water quality standards, alldischargers who
have caused or contrubuted to such violation shall be jointly and
severally liable to the Village for such fine, civil penalty or clean-
up costs. Such liability shall be in addition to, and not in liew of, an-
other remedies, the Village may have under this Ordinance, statutes, reg-
ulations, at law or in equity.
b) If the discharge form any User causes a deposit, obstruction, or damage
to the POTW, the Superintnendent of Wastewater shall cause the deposit
or obstruction to be promptly removed or cause the damage to be promptly
repaired. The cost for such work, including materials, labor, and
supervision, shall be borne by the person causing such deposit, obstructic_
or damage.
c) The remedies provided in thsi Ordinance shall not be exclusive and the
Village may seek whatever other remedies are authorized by statute, at
law or in equity against any person violating the provisions of this
Ordinance.
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Any User Who is found to have violated an order of the Village or who has
failed to comply with any provision of this Ordinance and the orders, rules and
regulations and permits hereunder, shall be fined J'an amount not less than
five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00)
for each violation in accordance with the term and provisions of the Illinois
. M a:nicipal Code (I11.' Rev." Stat. Ch. L4 . 'Sec. -JI -141-1 et seq) : Por the
purpose of this section, each day in which any such violation shall occur,
shall be deened a separate violation, and a separate violation shall be deemed
to have occurred for each constituent Which has limitations listed in Part 300
of this ordinance found to exceed the limits established in this ordinance
during any such day. In addition to the penalties provided herein, the
Village may recover reasonable attorney's fees, court costs, court reporter
fees and other expenses of litigation by appropriate suit at law against the
User found to have violated this Ordinance or the orders, rules, regulations
and permits issued hereunder.
Section 600.105 Falsification
Any person Who knowingly makes any false statements, representation or
certification in any application, record, report, plan or other document filed
or required to be maintained pursuant to this Ordinance or Wastewater Discharge
Permit, or who falsifies, tampers with, or )movingly renders inaccurate any
mxaitoring device or method required under this ordinance, sha11 be subject to
the penalties and costs provided in Section 600.1M and shall in addition be
guilty of a misdemeanor and upon conviction, be punished by a fine of not more
than one thousand dollars ($1,000.00) and/or shall be incarcerated in a penal
institution other than the penitentiary for a period not to exceed thirty (30
days).
The Village Clerk of the Village of Bensenville be and is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State
of Illinois made and provided.
this Ordinance shall be in full force and effect imcediately upon its passage
and approval.
AYES: Eilrich, Freda, Strandt, Wanzung, Weber
MYS: None
ABSENT: DiOrio
Payor Bensenville Board of Trustees
A1TEST: llage Clerk Approved: 8/15/85
E NS ORD/PINS ir