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HomeMy WebLinkAboutRESOLUTION - 7-12 - 1/24/2012 - METRO WATER RECLAMATION DISTRICT (MWRD) RESOLUTION NO. 7-12 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AMENDMENT TO A SERVICE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (SERVICE AGREEMENT DATED OCTOBER 21, 1982) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Dul'age, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the Amendment to Service Agreement between the Village of Elk Grove Village and the Metropolitan Water Reclamation District of Greater Chicago, a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 24`h day of January 2012. APPROVED this 24`h day of January 2012. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk M WR DameadsvcaereeI AMENDMENT TO SERVICE AGREEMENT WITH ELK GROVE VILLAGE, ILLINOIS THIS AMENDMENT TO A SERVICE AGREEMENT, made and entered into this 20 day of Januar A.D., 2012, at Chicago, Illinois, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter designated "VILLAGE," and the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter designated "DISTRICT." WITNESSETH THAT: WHEREAS, the DISTRICT and the VILLAGE have heretofore entered into a "Service Agreement' dated October 21, 1982, to provide sewage transport, treatment and ultimate disposal to an area outside the corporate limits of the DISTRICT (the "Service Area") pursuant to statute. Said Agreement shall hereinafter be referred to as the "Sewer Service Agreement' or "Agreement;" and WHEREAS, from September 28, 2009 to October 1, 2009, the United States Environmental Protection Agency ("USEPA") conducted a pretreatment compliance audit of the DISTRICT, and thereafter on October 10,. 2010, transmitted to the District a Pretreatment Compliance Audit Final Summary Report ("Audit Report"); and WHEREAS, as is more fully set forth in the Audit Report, USEPA requires that all multi- jurisdictional sewer service agreements to which the DISTRICT is a party to clearly set forth and identify the party that is responsible under the sewer service agreement for certain pretreatment program responsibilities and obligations; and WHEREAS, the parties hereto agree that the most expeditious and effective manner to comply with USEPA requirements is to amend the Sewer Service Agreement. NOW THEREFORE in consideration of the promises, mutual covenants and agreements herein contained, it is agreed by and between the parties as follows: 1. All terms and conditions of the DISTRICT's ordinances relevant to the Sewer Service Agreement and amendments thereto, and in particular the DISTRICT'S Sewage and Waste Control Ordinance ("SWCO") as amended and all applicable pretreatment program requirements as set forth in 40 CFR 403 et seg. that are applicable within the corporate limits of the DISTRICT, shall be equally applicable and in force in the Service Area of the VILLAGE. A copy of the Sewage and Waste Control Ordinance is attached as Exhibit 1. 2. The DISTRICT has the responsibility hereunder and is hereby authorized by the VILLAGE to implement and enforce all pretreatment program requirements in the Service Area as set forth in the SWCO. The VILLAGE shall enact a local sewage and waste control ordinance or all necessary revisions to an existing sewage and waste control ordinance that is/are no less stringent and as broad in scope as the SWCO of the DISTRICT. The VILLAGE will forward to the DISTRICT for review a draft of its proposed sewage and waste control ordinance or revisions to its existing ordinance within thirty (30) days of the date of this Agreement. The VILLAGE shall adopt its sewage and waste control ordinance or revisions to its existing ordinance within sixty (60) days of receiving approval from the DISTRICT of same, and shall forward a copy of said duly adopted sewage and 2 waste control ordinance and/or revisions thereto to the DISTRICT within twenty- one (21) days of adoption. 3. The DISTRICT will perform duties necessary to implement and enforce the SWCO in the Service Area. Such duties include but are not limited to issuing Discharge Authorizations to Significant Industrial Users that may be located within the Service Area (see SWCO, Appendix D, Section 4); conducting all inspections, sampling and analysis required under the SWCO; and, issuing enforcement actions and performing all necessary enforcement activities with respect to users that may be located within the Service Area. The DISTRICT will make every effort to provide reasonable notice to the VILLAGE of impending inspections of a user to allow the VILLAGE an opportunity to attend should it elect to do so. The VILLAGE agrees to cooperate with the DISTRICT and facilitate the DISTRICT's performance of the aforestated responsibilities and activities. 4. The District has the responsibility and obligation to identify and locate within the Service Area new dischargers that may be subject to the pretreatment program. As of the date of execution of this amendment herein there are no known industrial users subject to federal pretreatment regulations located within the Service Area. The VILLAGE agrees to provide to the DISTRICT reasonable access to all records or documents relevant to the DISTRICT's identification and location of any new users. The VILLAGE will provide notification to the DISTRICT of new or planned commercial or industrial facilities in the Service Area that are 3 potentially subject to the pretreatment program within thirty (30) days of acquiring knowledge of same. 5. The DISTRICT will provide notification to the VILLAGE of all future revisions to the SWCO. The DISTRICT will forward to the VILLAGE a copy of each such revision upon enactment. The VILLAGE shall timely adopt a corresponding revision to its local sewage and waste control ordinance that is at least as stringent as the revision(s) adopted by the DISTRICT, and the VILLAGE will forward to the DISTRICT a copy of all such duly adopted future revisions within thirty (30) days of their enactment. 6. All terms and conditions of the October 21, 1982 Sewer Service Agreement not specifically modified herein shall remain in full force and effect. SIGNATORY PAGE FOLLOWS 4 SIGNATORY PAGE IN WITNESS WHEREOF, the VILLAGE OF ELK GROVE VILLAGE and the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, the parties hereto, have each caused these presents to be executed in triplicate, by their duly authorized officers to be duly attested and their seals to be hereunto affixed. ATTEST: VILLAGE OF ELK GROVE VILLAGE By: By: Clerk Mayor Date: Date: APPROVED FOR THE VILLAGE OF ELK GROVE VILLAGE AS TO ENGINEERING: Date: Village Engineer AS TO FORM AND LEGALITY: Date: Village Attorney CONTINUED ON NEXT PAGE 5 ATTEST: METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO By; By: Clerk Chairman, Committee on Finance of the Board of Commissioners Date: Date: APPROVED FOR THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AS TO ENGINEERING: Engineer of Local Sewers Assistant Director of Engineering Director of Engineering AS TO MONITORING AND RESEARCH: Assistant Director of Monitoring Director of Monitoring and Research and Research AS TO FORM AND LEGALITY: I-lead Assistant Attorney General Counsel APPROVED: Date: Executive Director 6 EXHIBIT 1 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO �tER REct N 0� N o�CREATER CR CPGo Sewage and Waste Control Ordinance As Amended November 18, 2010 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO 100 East Erie Street Chicago, Illinois 60611 (312) 751-5600 BOARD OF COMMISSIONERS Hon. Terrence J. O'Brien, President Hon. Kathleen Therese Meany, Vice President Hon. Gloria Alitto Majewski, Chairman of Finance Hon. Frank Avila Hon. Patricia Horton ................................................................ Hon. Barbara J. McGowan,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Hon. Cynthia M. Santos Hon. Debra ShoreHon. Mariyana Spyropoulos ............................................... OFFICERS Richard Lanyon, Executive Director Harold G. Downs, Treasurer Alan Cook, Acting General Counsel Denice Korcal, Director of Human Resources Manju Sharma, Chief of Maintenance 8 Operations Louis Kollias, Director of Monitoring and Research Darlene A. LoCascio, Director of Procurement and Materials Management Keith D, Smith, Director of Information Technology Kenneth Kits, Director of Engineering Jacqueline Torres, Director of Finance/Clerk Board of Commissioners and Officers listed as of the date of printing—November 2010 AN ORDINANCE AN ORDINANCE TO PROVIDE FOR THE ABATEMENT AND PREVENTION OF POLLUTION BY REGULATING AND CONTROLLING THE QUANTITY AND QUALITY OF SE- WAGE AND INDUSTRIAL WASTE ADMITTED TO OR DIS- CHARGED INTO THE SEWERAGE SYSTEMS AND WA- TERS UNDER THE JURISDICTION OF THE METROPOLI- TAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, HEREINAFTER TO BE KNOWN AS "THE SE- WAGE AND WASTE CONTROL ORDINANCE" ADOPTED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO ON SEP- TEMBER 18, 1969; AND AS AMENDED TO AND INCLUD- ING FEBRUARY 24, 1972; OCTOBER 2, 1975; JANUARY 19, 1978; OCTOBER 12, 1978; NOVEMBER 6, 1980; APRIL 21, 1983; SEPTEMBER 6, 1984; SEPTEMBER 5, 1985; JU- LY 30, 1987; JANUARY 21, 1988; MARCH 10, 1988; JULY 7, 1988; SEPTEMBER 7, 1989; DECEMBER 6, 1990; SEP- TEMBER 5, 1991; SEPTEMBER 24, 1992; JANUARY 28, 1993; MARCH 24, 1994; DECEMBER 22, 1994; NOVEMBER 21, 1996; JULY 9, 1998; JULY 13, 2000; JUNE 21, 2001; SEPTEMBER 20, 2001; NOVEMBER 1, 2001; OCTOBER 3, 2002; NOVEMBER 4, 2004; NOVEMBER 3, 2005; MAY 4, 2006; NOVEMBER 16, 2006; NOVEMBER 1, 2007; NO- VEMBER 19, 2009 AND NOVEMBER 18, 2010. s BE IT ORDAINED by the Board of Commission- to an industrial category promulgated by the USE- ers of the Metropolitan Water Reclamation District of PA. Greater Chicago: That the Sewage and Waste Con- "Code of Federal Regulations" or "CFR" shall trol Ordinance, originally passed by the Board of mean the codification of the general and permanent Trustees of The Metropolitan Sanitary District of rules published in the Federal Register by the ex- Greater Chicago on September 18, 1969, and as ecutive departments and agencies of the United amended, is herewith and now comprehensively States Government. amended to read as follows: "Combined waste stream formula" shall mean the formulae contained in 40 CFR 403.6(e) for calculat- ARTICLE 1 ing alternative concentration limits or alternative Purpose mass limits for determining compliance with categor- cal pretreatment standards. This Ordinance, promulgated by the Metropolitan "Composite sample" means a representative mix- Water Reclamation District of Greater Chicago, he- ture of a minimum three grab sample aliquots ob- reinafter called the"District," pursuant to the authori- tained over a period of time. ty vested in it by the Illinois legislature, has as its purpose the protection of the public health and safe- "Control authority" shall mean the Metropolitan ty by abating and preventing pollution through the Water Reclamation District of Greater Chicago upon regulation and control of the quantity and quality of said designation by the Regional Administrator. sewage, industrial wastes, and other wastes admit- "Control manhole" or "sampling chamber' means ted to or discharged into the sewerage systems, se- a device or structure suitable and appropriate to wage treatment facilities, and waters under the juris- permit sampling and flow measurement of a waste- diction of the District, water stream to determine compliance with this Or- ARTICLE II dinance. Definitions and Abbreviations "Deficient" means materially lacking information The meaning of the terms used in this Ordinance sufficient to determine compliance with applicable shall be as follows: standards or requirements, or lacking required au- thorized representative, Registered Professional "Administrator" shall mean the Administrator of Engineer or notary certifications. the United States Environmental Protection Agency. "Discharge Authorization" or "DA" means the "Applicable pretreatment standard" means any document issued by the District to a significant in- criteria, limitation or prohibition upon the discharge dustrial user granting permission to discharge of any pollutant into a publicly owned treatment process wastewater into the sewerage system of the works. District. "Approval Authority" shall mean the Regional "Discharge Authorization Request" or "DAR" Administrator of the United States Environmental means the document submitted by a significant in- Protection Agency or the Illinois Environmental Pro- dustrial user, on forms supplied by the District, re- tection Agency, if so designated by the Regional questing permission to discharge process wastewa- Administrator. ter into the sewerage system of the District. "Authorized representative" means an owner or "Executive Director means the Executive Direc- corporate officer of the industrial user authorized to for of the Metropolitan Water Reclamation District of legally bind the user in any and all negotiations and Greater Chicago. agreements. "Existing source" shall mean any point source "Baseline monitoring report" or "BMR" shall mean whose operations commenced prior to the date of a form supplied by the District for reporting by an proposal by the USEPA of any applicable categori- industrial user on the nature of the industrial user's cal pretreatment standard in the Federal Register. operations and discharge of pollutants to the water "Federal Register' shall mean the publication of reclamation facilities of the District. the executive departments of the United States "Board of Commissioners" or "Board" means the Government. Board of Commissioners of the Metropolitan Water "Flow" means the volumetric measure per unit of Reclamation District of Greater Chicago. time of wastewater, water, industrial waste or other "Categorical pretreatment standards" or "CPS" flow. means any effluent limitation or standard applicable 1 "Fundamentally different factors" shall mean fac- "National Pollutant Discharge Elimination Sys- tor5 pertaining to the nature of an industrial user's tem" or "NPDES" means the permit and regulation operations which are fundamentally different from system governing direct discharges into navigable the factors considered by the USEPA in develop- waters administered by the IEPA and USEPA. ment of an applicable categorical pretreatment stan- dard. "New source" shall mean any industrial point source of pollutants for which the construction or "Garbage" means solid wastes from the prepara- installation of process facilities or the housing for tion, cooking and dispensing of food, and from the containing process facilities commenced on or after handling, storage or sale of meat, fish, fowl, fruit, or the date of proposal of regulations in the Federal vegetables and condemned food. Register of any applicable categorical pretreatment "General pretreatment standards" or "GPS" standard for pollutants which applies to said source, means the standards contained in Appendix B of this "Ordinance" means the Sewage and Waste Con- Ordinance which are applicable to all discharges into trol Ordinance of the Metropolitan Water Reclama- sewerage systems tributary to water reclamation tion District of Greater Chicago and any rules, regu- facilities. lations and orders adopted by the Board pertaining "Grab sample"means a single aliquot sample. thereto. "Hazardous waste" means any industrial waste, "Other wastes" means all decayed wood, saw- production residue, sewage or sludge which is clas- dust, shavings, bark, lime, refuse, ashes, garbage, sified as a hazardous waste pursuant to 40 CFR offal, oil, tar, chemicals, and all other substances 261 except sewage and industrial wastes. "Illinois Environmental Protection Agency" or "IE- "Pass-through" means a discharge which exits PA" means the Environmental Protection Agency of the District's water reclamation facilities into waters the state of Illinois. in quantities, or concentrations which, alone or in conjunction with a discharge or discharges from oth- "Illinois Pollution Control Board" or"IPCB" means er sources, causes a violation of any requirement of the Pollution Control Board of the state of Illinois. a NPDES permit or other permit issued to the District "Incompatible pollutant" shall mean a pollutant or by the IEPA or the USEPA. waste characteristic which causes, or has the poten- "Person" means any individual, partnership, co- tial to cause, interference with the operation of a wa- partnership, firm, company, corporation, association, ter reclamation facility or which is not amenable to joint venture, joint stock company, sole proprietor- treatment by a water reclamation facility and passes ship, trust, estate, co-partnership, unit of govem- through such a water reclamation facility and is con- ment, school district, or private corporation orga- tained in the discharged final effluent. nized or existing under the laws of the state of Illi- "Industrial user" or "IU" means a person who nois or any other state or country. conducts any industrial, manufacturing, agricultural, "Pollution" means the discharge of a substance, trade or business process or who conducts the de- set forth in Appendices A, B, and C hereto, to any velopment, recovery or processing of natural re- waters, sewer, or other facility under the jurisdiction sources. of the District, in excess of those quantities or "Industrial waste" means all solid, liquid or ga- strengths permitted by said Appendices A, B, and C seous waste resulting from any commercial, Indus hereto or in a manner contrary to that set forth here- trial, manufacturing, agricultural, trade or business ]n. The discharge of any material he- reunder in quantities or strengths grere substanceater than those operation or process or from the development, re- permitted under Appendices A, B, and C hereto or covery or processing of natural resources. contrary to the manner set forth in this Ordinance "Intake water adjustment" shall mean the adjust- shall constitute prima facie"pollution" and no further ment of a categorical pretreatment standard to re- proof of detriment or harm shall be required by the flect the presence of a pollutant in a user's intake District in any and all enforcement activities underta- water. ken pursuant to the Ordinance. "Interference" means a discharge which alone or "Pretreatment" means any method, construction, in conjunction with a discharge or discharges from device, arrangement or appliance appurtenant there- other sources inhibits or disrupts the normal opera- to, installed for the purpose of treating, neutralizing, tion of any treatment processes, including sludge stabilizing, disinfecting, or disposing of sewage, in- processes, use or disposal, which causes a violation dustrial waste or other wastes prior to the discharge of any requirement of a NPDES permit or other per- of such sewage, industrial waste or other wastes mit issued to the District by the ]EPA or the USEPA. into the sewerage system under the jurisdiction of 2 the District, or for the recovery of by-products from "Sludge" means liquid and precipitated or sus- such sewage, industrial waste or other wastes. pended solid material therein contained, generated "Process wastewater" means any water which, from the treatment of water, sewage, industrial waste or other wastes. during manufacturing or processing, comes into di- rect contact with or results from the production or "Slug Discharge" means any discharge of a non- use of any raw material, intermediate product, f- routine, episodic nature, including but not limited to nished product, by-product or waste product. an accidental spill or non-customary batch dis- charge,residue" means any liquid, solid, or charge, with any pollutant released at a flow rate gas which residual source material, waste product and/or concentration which has a reasonable poten- tial to cause interference, pass-through, a violation or production by-product capable of being disposed of the criteria or applicable discharge standards in the sewerage system under the jurisdiction of the this of is Ordinance. District. th "Registered Professional Engineer" or "P.E." "Standard Methods" means the most recent edi- means aprofessional engineer licensed by the Illi- tion of Standard Methods for the Examination of Wa- nois Department of Financial and Professional ter and Wastewater, published by the American Public Health Association. Regulation to practice that profession. "Sewage" means water-carried human wastes or "United States Environmental Protection Agency" a combination of water-carried wastes from resi- or "USEPA" means the Environmental Protection Agency of the United States Government and its dentes, business, buildings, institutions and indus- designated agents. trial establishments, together with any ground, sur- face, storm or other waters that may be present. "Water reclamation facilities" means any method, Sewerage system" means sewers, intercepting construction, device, arrangement or appliance ap- purtenant thereto, installed for the purpose of treat- sewers, pipes or conduits, pumping stations, force ing, neutralizing, stabilizing, disinfecting, or t s ,os- mains, constructed drainage ditches, surface water ing of sewage, industrial wastes intercepting ditches, and all other constructions, de- other wastes, or for the recovery of by-products from such sewage, vices and appliances appurtenant thereto used for industrial waste or other wastes. collecting or conducting sewage, industrial waste or other wastes to a point of treatment or ultimate dis- "Waters" means all accumulations of water, sur- posal. face and underground, natural or artificial, public or "Significant Industria! user" or "SIU" means any private or parts thereof, which are wholly or partially under the jurisdiction of the District or which flow person who: (i) is subject to categorical pretreatment through the territory of the District. standards, or (ii) discharges greater than 25,000 gallons per day of process wastewater to the sewe- ARTICLE III rage system, excluding water-carried human wastes Prohibited Wastes from sanitary conveniences such as toilets, wash bowls, bathtubs, showers and residential laundries, Section 1. Unlawful Discharges noncontact cooling water, boiler blowdown water, It shall be unlawful for any person to discharge and uncontaminated storm water, or (iii) discharges sewage, industrial wastes, or other wastes of any process wastewater in excess of five percent or kind into any waters of the state of Illinois under the more of the average dry weather hydraulic or organ- jurisdiction of the District, in the absence of a current is capacity of the receiving water reclamation fng a and valid National Pollutant Discharge Elimination ties, n ble is designated by the District as having - System Permit issued by the Illinois Environmental reasonable potential for adversely affecting the o i- Protection Agency, or into any sewerage system orations of the water reclamation facilities or for vi- under the jurisdiction of the District, which does not anceolat.g any standard or requirement of this aboOrdve conform to the criteria or effluent quality standards ante. Upon finding that e I t meeting the above established and/or adopted by the District, as set criteria has no reasonable potential for adversely affecting the operations of the District's water recla- forth in Appendices A, B, and C hereto of this Ordin- mation facilities or for violating any pretreatment ante. standards or requirements, the District may at any In addition to the prohibitions indicated in the time, on its own initiative or in response to a petition above paragraph, it shall be unlawful for any signifi- from an IU, determine that such IU is not an SIU. cant industrial user, as defined herein, to cause or "Significant violator" means any person who is so allow the discharge of process wastewater into the designated by the District in accordance with the sewerage system under the jurisdiction of the District criteria contained in Appendix E of this Ordinance, in violation of the terms and conditions contained in a Discharge Authorization issued to said person 3 i pursuant to the provisions of Appendix D of this Or- Persons subject to the terms of a Discharge Au- dirnance. thorization issued by the District under Appendix D Section 2. Waterway Discharge Standards of this Ordinance, for which the requested change in discharge conditions constitutes a deviation from Effluent quality standards and criteria for dis- any conditions established in the Discharge Authori- charges into and pollution of waters of the state of zation issued to said person, shall not commence Illinois in the absence of a current and valid National the desired change until the District has issued a Pollutant Discharge Elimination System Permit is- revised or renewed Discharge Authorization. sued by the Illinois Environmental Protection Agen- Any person whose request for change of dis- cy, enacted by the Illinois Pollution Control Board charge conditions has been denied by the District, and adopted by the Board of Commissioners of the may request a review of the District's determination. District, are contained in Appendix A of this Ordin- Such request must be made in writing to the Director ance. of Monitoring and Research. The request for review Section 3. General Pretreatment Standards must 'clearly state the reason(s) why such person ("GPS") believes that the District's denial of the requested General pretreatment standards and criteria for discharge change should be reviewed. discharges into and pollution of sewerage systems The Director of Monitoring and Research will in- tributary to water reclamation facilities of the District, form the Executive Director of all requests for re- enacted by the Board of Commissioners of the Dis- view. The Executive Director shall order that a hear- trict, are contained in Appendix B of this Ordinance. ing be held for each request for review. The review Section 4. Categorical Pretreatment Standards hearing shall comply with the hearing procedures of ("CPS") Article VI, Section 3 of this Ordinance and shall be limited in scope to the issues raised in the person's Categorical pretreatment standards for dis- initial request for change of discharge conditions. charges into and pollution of sewerage systems tri- The final administrative decision on each review will butary to publicly owned treatment works, promul- be made by the Board after it receives a report with gated by the United iStates Environmental Protection recommendations from the Review Hearing Officer. Agency, are adopted by the Board of Commission- During the pendency of any review requested ers for discharges to sewers under the jurisdiction of pursuant to this Section, the person requesting a the District. Where there is a conflict in the applica- change of discharge conditions is expressly prohi- tion of general pretreatment standards contained in bited from implementing, causing or allowing the Appendix B and categorical pretreatment standards proposed change in discharge conditions. listed in Appendix C, the more stringent standard shall apply. Any pollution control equipment necessary to Section 6. New or Increased Pollutant or Flow achieve compliance with the District's standards, as specified in Appendices A, B, and C hereof, must be Any person wishing to introduce new or in- installed prior to commencement of such change in creased flow volume, new or increased concentra- discharge conditions. tions or mass loadings of pollutants, or change the Section 6. Dilution Prohibition point of entry of a discharge into the sewerage sys- tem, any of which does not conform to the provisions No person shall increase the use of process wa- of this Ordinance or a Discharge Authorization is- ter or, in any way, dilute or attempt to dilute a dis- sued to said person by the District, shall submit a charge as a partial or complete substitute for ade- fequest for such change, in writing, to the District at quate treatment to achieve compliance with the ch- least 30 days prior to the commencement of the de- teria or effluent quality standards set forth in this Or- sired change. The date of commencement of the dinance. desired change shall in no case be earlier than 30 Section 7. Dangerous or Threatening Dis- days following receipt of the request by the District. charge The District shall respond within 30 days of the date of receipt of the request with approval or denial. No Notwithstanding any other remedies which the such change in discharge conditions shall take place District may have by statute, common law or this until the District has,granted written approval of the Ordinance, when, in the determination of the Execu- desired change. If the District does not respond tive Director, any person's discharge presents an within 30 days with a denial or a request for addi- imminent danger to the public health, welfare or tional information clarifying the request for changes, safety, presents or may present an endangerment to then the request shall be deemed approved. the environment, or which threatens to interfere with the operation of the sewerage system or a water reclamation facility under the jurisdiction of the Dis- 4 trict, the District, acting through the Executive Direc- the absence thereof, the latest edition of Standard tor, shall apply to the Circuit Court of Cook County Methods. for injunctive relief to cease and desist the danger- Section 2. Control Manhole/Sampling Cham- ous or threatening discharge. ber—Installation and Access Re- Section 8. Uncontrolled or Unregulated quirements Wastes Each person subject to the terms of this Ordin- Each person subject to the terms and conditions ance who is a significant industrial user shall install of this Ordinance must install and maintain, at its and maintain, at its own expense, a control manhole own expense, pretreatment facilities adequate to or sampling chamber for each separate discharge prevent a violation of the pollutant concentration lim- conveying process wastewater from its facility to the its, discharge prohibitions or performance criteria of sewerage system. Each such control manhole or this Ordinance. sampling chamber shall have ample room to allow No person shall reintroduce into the sewer sys the District to perform inspections, sampling, and flow measurement operations. tem of the District materials which have been re- moved from the sewer system by catch basins, Each such control manhole shall be located out- grease traps, and other pretreatment devices. Phys- side of any buildings or enclosed spaces and as ical, chemical or biological agents shall not be intro- near to the facility site boundary as practical; shall duced into catch basins, grease traps or other pre- not be obstructed by temporary or permanent con- treatment devices for the purposes of resuspending, struction, manufacturing operations or activities, dissolving, emulsifying or rendering soluble any pol- landscaping, parked vehicles or any other activities lutants or other materials removed from a waste- of the person; and shall be safely and directly ac- stream by such pretreatment devices and reintroduc- cessible to representatives of the District at all times, ing these materials into the sewer system. without restriction of any kind. All new industrial users and existing industrial us- Persons subject to this Ordinance who are not ers wishing to introduce new or increased pollutant significant industrial users, as defined herein, may flows or changes in the nature or concentration of also be required to install control manholes or sam- poilutants discharged to the sewerage system must pling chambers in conformance with the provisions provide all pretreatment facilities required pursuant of this section, upon the direction of the District's to this Ordinance prior to the commencement of dis- Executive Director. charge. Persons subject to this requirement of the Ordin- Section 9. Certification of Wastewater Pre- ance, who represent that this requirement cannot be treatment System Operator reasonably complied with, may set forth said repre- No person shall cause or allow the operation of sentations in writing to the Executive Director and be given an opportunity to be heard regarding said re- any pretreatment facilities discharging process presentations. The Executive Director shall make a wastewater into the sewerage system of the District determination, in writing to the person, granting unless the operation of such pretreatment facilities is leave from this requirement upon proof that corn- under the direct and active field supervision of a pliance cannot be reasonably obtained, or dismiss- person who has been certified by the IEPA as being ing said representations as unfounded. competent to operate the particular type or size of pretreatment facilities being used or operated. Any person whose request for exemption from ARTICLE IV the requirements of this section has been denied by the District, may request a review of the District's Monitoring Methods and Facilities determination by the Board. Such request must be Section 1. Compliance Determination made in writing, to the Director of Monitoring and Research and must be received by the District within In order to determine whether or not the sewage, 30 days of the date of notification that the request for industrial waste or other wastes discharged by any exemption has been denied. The request for review person into any waters or sewerage system con- must clearly state the reason(s) why such person forms to the criteria or water quality standards of the believes that the District's denial of the requested District, the District may use any accepted engineer- exemption should be reviewed. ing or scientific practice, method or device which will The Director of Monitoring and Research will in- lead to such a determination. When practicable, all form the Executive Director of all requests for re- measurements, tests, and analyses of the waters, view, The Executive Director shall order that a hear- sewage, and wastes of any kind shall be conducted ing be held for each request for review. The review in accordance with USEPA approved methods or, in hearing shall comply with the hearing procedures of 5 Article VI, Section 3 of this Ordinance and shall be termining whether the industrial user is in com- limited in scope to the issues raised in the person's pliance with all applicable standards and require- initial request for exemption from this section. The ments of this Ordinance. final administrative decision on each review will be District personnel, when accessing the premises made by the Board after It receives a report with of a person, will observe and comply with all posted recommendations from the Review Hearing Officer. safety and health rules and practices applicable at If a building or enclosed space contains more the premises of the person. than one industrial user, then each significant Indus- Section 4. Monitoring for Public Hazards trial user therein, shall install and maintain, at its own expense, a control manhole or sampling cham- Whenever the Executive Director determines that ber for each discharge from its facility, which shall a public safety hazard exists due to the threat of re- comply with all of the requirements set forth herein. lease of pollutants regulated under Appendix B, Sec- All process wastewater flows from the facility shall, tion 2(a), 2(b), or 2(e) of this Ordinance, in the dis- at all times, pass through a control manhole installed charge from an industrial user to the sewerage sys- in conformance with this Ordinance and no process tem under the jurisdiction of the District, the Execu- wastewater flows shall be discharged without pass- tive Director shall require the industrial user to install ing through a control manhole or sampling chamber and maintain suitable devices to detect the presence acceptable to the District. Each such control man- of the hazardous materials in the discharge and to hole or sampling chamber shall be accessible to rep- notify the District immediately, through a reputable, resentatives of the District at all times, without re- independent alarm service company acceptable to strictions of any kind. the District, in the event of such hazardous dis- Persons who are required to construct a control charge. manhole or sampling chamber to comply with this Any monitoring device installed pursuant to this section shall submit a proposal to, and receive ap- section shall be calibrated at least once per week, proval from, the District prior to undertaking con- and the alarm notification system shall be tested at struction of said control manhole or sampling cham- least monthly. Each person required to install and ber. The proposal submitted shall be certified by a maintain a monitoring device under this section shall Registered Professional Engineer licensed by the maintain a record of the calibration and testing re- state of Illinois. quired under this paragraph; and make such records Section 3. Rightl,of Access available to District personnel for inspection. Representatives'of the District may, during rea- Section 5. Control Manhole/Sampling Cham- sonable hours, enter upon the premises of each ber--Access Requirements person subject to this Ordinance for the purposes of This section deleted, effective July 9, 1998. installing, maintaining and inspecting measurement Section 6. Requirement for Installation of Flow or sampling devices or facilities; for conducting ne- cessa measuring,', au in and sampling opera- Measurement Devices for Persons ry gauging g p g p tions;for inspecting or examining facilities, premises, Subject to Categorical Pretreatment Standards installations and processes; for inspection and copy- ing of records; and for reviewing pretreatment oper- Each person subject to this Ordinance who is a ating procedures and spill prevention and control significant industrial user subject to categorical pre- plans of such person to determine compliance with treatment standards shall provide and maintain, at this Ordinance or an order of the Board of Commis- no cost to the District, adequate regulated waste- sioners adopted pursuant hereto. stream flow measurement devices to determine For the purpose of this section, reasonable hours compliance with federal categorical pretreatment are any time when the industrial user is operating standards, including, where applicable, to determine compliance with the Combined Wastestream Formu- any process or equipment, or any time when the l facility is discharging industrial waste to the sewe- a, which devices shall be accessible to the District rage system of the District. at the time of conducting an inspection of the indus- trial facility and/or pretreatment device. Alternatives Areas subject to linspection are limited to those to direct metering shall be acceptable where applica- areas with drains or;other connections to the sewe- tion of the Combined Wastestream Formula is ne- rage system in which processes, equipment, and cessary or where the categorical pretreatment stan- operations which result in industrial waste dis- dards are based on production. The means by charges are located, and storage areas containing which such metering or alternative means shall be any raw material, industrial waste, production resi- accomplished shall be submitted in writing in ad- due or sludge. The scope of an inspection, including vance by the person to the District for approval. reviewing and copying of records, is limited to de- 6 Section 7. Interfering with District Monitoring werage system of prohibited materials or other sub- Activities stances regulated by this Ordinance. Facilities to It shall be illegal for any person to tamper wth, prevent such discharge shall be provided and main- tained ain- t adjust, relocate, remove or damage any monitoring inned at the user's own cost and expense. Addi- devices installed by the District. Any such activity tay, each such industrial user must have de- will be considered a knowing and willful violation of tailed iled plans on file at the District showing facilities this Ordinance, the applicable statutes of the State and operating procedures to provide this protection. of Illinois and applicable federal pretreatment regula- Plans shall contain all elements required under tions. 40 CFR 403.8(f)(2)(vi) and shall be approved by the The Executive Director may refer such violation District prior to construction of new facilities. Plans to the Office of State's Attorney or the Office of the and facilities previously approved by the District shall be re-evaluated by the District at least once every United States Attorney, for such action as they deem two years and must be modified by the industrial appropriate. user upon a determination by the Director of Moni- ARTICLE V toring and Research that modifications are neces- sary. . Plans shall be certified by a Registered Pro- fessional Engineer licensed by the state of Illinois. Section 1. Volatile/Hazardous Materials Each industrial user shall immediately notify the All persons who, at any time, use, consume, pro- District of any changes at its facility affecting the ap- duce or store on their business premises, any vola- proved plan or the potential for a slug discharge. tile/hazardous materials as defined herein, shall an- Section 5. Reports on Discharges to Surface nually certify, in writing, to the District, the type and Waters and to the Sewerage Sys- estimated quantities of these materials on forms tem supplied by the District. The annual certified report is to be signed by an authorized representative of Persons operating sewage treatment facilities the entity on whose behalf the report is being made. discharging effluents to waters or operating pre- Where a significant change in the type or quantity of treatment facilities discharging to the sewerage sys- materials used, consumed, produced or stored on tem under the jurisdiction of the District shall submit the business premises occurs after an annual report operating reports and laboratory analyses of dis- has been filed, a new report must be filed imme- charges as directed by the Executive Director, at diately. intervals specified by the Executive Director. The Volatile/hazardous materials are those identified reports shall cover all activities of the industrial user as wastes under the Resource Conservation and from the close of the previous reporting period and Recovery Act and defined by the USEPA at 40 CFR must be received at the District not later than ca- 261 or those pollutants under the Clean Water Act lendar days after the end of the reporting period. identified as priority pollutants and defined by the Notwithstanding any other non-monetary reme- USEPA at 40 CFR 403 Appendix B, published in dies which the District may have by statute, common Final Rule at 46 FR 9458, January 28, 1981. law or this Ordinance, any person failing to submit a Section 2. Reporting of Production Resi- report or submitting a deficient report to the District, due or Sludge as required hereunder, within the filing period estab- lished by the District for such report, shall be as- This section deleted, effective July 9, 1998. sessed a late filing fee, as set forth under Article V, Section 3. Facility Categorization Section 10 of this Ordinance. When so directed b the District, each industrial Section 6. Reporting on Discharges of Ha- y zardous Wastes to the Sewerage user shall complete and submit to the District a facili- System ty classification questionnaire, on forms supplied by the District. The questionnaire shall be submitted to Each person subject to the provisions of this Or- the District within 30 days of such industrial user's dinance shall report to the District, on forms supplied receipt of the form. by the District, the discharge of hazardous wastes, Section 4. Spill Containment Requirements as defined herein, into the sewerage systems under the jurisdiction of the District. Such reporting shall Each industrial user notified of applicability of this conform with all applicable terms and conditions of section based on said user's use or storage of 40 CFR 403.12(p). flammable, volatile, explosive or corrosive materials, Copies of reports filed with the District pursuant or has the potential for a slug discharge, shall pro- to this section shall also be filed with the United vide protection from accidental discharge to the se- States Environmental Protection Agency and the 7 Illinois Environmental Protection Agency, pursuant V, Reporting Requirements; Appendix C, Article I, to 40 CFR 403.12(6). Reporting Requirements Applicable to Significant Section 7. Maintenance of Records Industrial Users and any order of the Executive Di- rector issued pursuant to the terms of this Ordin- Each person subject to any of the reporting re- ance, shall submit the required reports by the speci- quirements of this Ordinance shall maintain copies fied due date. Persons not submitting the reports by of reports and records as required in 40 CFR the specified due dates shall be subject to late filing 403.12(0) resulting from any monitoring activities fees as follows: required by this Ordinance for a minimum of three a. Persons submitting reports up to 15 calendar years and shall make such records available for in- days following the specified due date shall be spection and/or copying by the District or its repre- assessed 100.00 for each delinquent report. sentatives. The period of retention shall be ex- tended during the course of any unresolved litigation b. Persons submitting reports more than 15 ca- regarding the person or the District, or at the request lendar days and up to 45 calendar days fol- of the USEPA, the TEPA or the District. All records lowing the specified due date shall be as- pertaining to an incident of noncompliance and the sessed 500.00 for each delinquent report. person's actions taken to return to compliance shall c. Persons submitting reports more than 45 Ca- be retained for a minimum of three years following the return to compliance resulting from a Cease and lendar days following the specified due date Desist Order, Show Cause Board Order or Court shall be assessed 1,000.00 for each delin- Order. quent report. Section 8. Self-Reporting a Violation A person may submit required reports following the specified due date together with the late filing fee Each person subject to this Ordinance must re- as specified above. The payment must be in the port all violations identified as a result of self- form of a cashier's check drawn on a United States monitoring to the District by telephone, during nor- bank, made payable to the Clerk of the District. mal business hours;to the Industrial Waste Division, The District shall provide, by Certified Mail, awrit- Enforcement Section son becomes within 24 ten notice of the fee assessment which states that hours of the time the person becomes aware a such the person has 30 days after the receipt of the notice violations. For purposes of this reporting require- ment, the person will be considered aware of such to request a conference with the Monitoring and Re- violations as of the date of the approval and release search designee to discuss or dispute the appro- of the laboratory analyses indicating the violation. priateness of the assessed fee. Unless a person Said person must also submit the results of three objects to paying the fee for filing a report late by days of repeat analyses to the Director of the Dis- timely requesting, in writing to the Director of Moni- trict's Monitoring and Research Department within toring and Research within 30 days of receipt of the 30 days after becoming aware of the violation to- late filing fee notice, a conference with a designee of gether with a complete report on all steps taken to the Executive Director, that person waives his or her resolve the violation! right to a conference and the District may impose a I lien recorded against the property of the person for Section 9. Submittal of All Self-Monitoring the amount of the unpaid fee. Data I If a person requests a conference and the matter Each person subject to this Ordinance must is not resolved at the conference, the person subject submit all self-monitoring discharge analytical data to the fee may request an administrative hearing to the Director of the District's Monitoring and Re- before an impartial hearing officer appointed by,the search Department, regardless of whether or not the Board under the provisions of Article VI, Section 3 of data so obtained is in addition to the District's mini- this Ordinance, to determine the person's liability for mum reporting requirements. Each significant indus- and the amount of the fee. trial user who monitors any pollutant more frequently than the District's minimum reporting requirements If the hearing officer finds that the late filing fee is must submit all self-'monitoring discharge analytical owed to the District, the District shall notify the re- data with the Continued Compliance Report which sponsible person or persons of the hearing officer's covers the reporting period during which the moni- decision. If payment is not made within 30 days af- toring was performed, in accordance with Appendix ter the notice, the District may impose a lien on the C,Article I, Section 4 of this Ordinance. property of the person or persons. Section 10. Late Filing of Reports Any liens filed under this section shall apply only to the property to which the late filing fee is related. Persons requiredl to submit reports by the terms A claim for lien shall be filed in the Office of the Re- of this Ordinance, including but not limited to Article corder of the county in which the property is located. 8 The filing of a claim for lien by the District does not removal or disposal of all raw materials, production prevent the District from pursuing other means for residues and sludges which contain pollutants regu- collecting a late filing fee. If a claim for lien is filed, lated under Appendix B or Appendix C of this Ordin- the District shall notify the person whose property is ance, from the industrial facility and, where applica- subject to the lien. ble, the names of disposal contractors to be used. Section 11. Failure to Report is a Violation The District may provide such information as may be submitted under this Section, to the United States Whenever a person subject to this Ordinance Environmental Protection Agency, the Illinois Envi- fails to comply with any of the reporting requirements ronmental Protection Agency, or any unit of local of this Ordinance or with details regarding reporting government having jurisdiction over the industrial requirements as directedby the Executive Director, facility. such failure shall be a violation of the Ordinance. If If such person has submitted a facility closure it is necessary for the District to perform inspections plan to a federal or state agency and has received and/or sampling of the person's facility, or prepare a approval of such plan from said agency, the person report on behalf of the person, the District shall re- may submit a copy of such facility closure plan to the cover the costs of such activity from the person in District in lieu of developing a new facility closure the same manner as debts are recoverable at law. schedule, provided the submitted plan adequately Section 12. Reporting of Batch and/or Intermit- addresses the issues identified in the preceding pa- tent Discharges ragraph. Upon written notification from the District of appli- Section 14. Notification Requirements Regard- cability of this paragraph, each person subject to this ing a Planned Bypass or Shutdown Ordinance who discharges industrial waste on a of Pretreatment Facilities batch and/or intermittent basis shall notify the Dis- In the event of a planned shutdown or bypass of trict's Field Surveillance Section, by telephone at pretreatment facilities installed and operated to (708) 588-4030, between 7:00 a.m. and 3:30 p.m. maintain compliance with the provisions of this Or- on normal business days, at least 48 hours prior to dinance or a Discharge Authorization issued to a each batch or infrequent discharge. The telephone significant industrial user, such user shall notify the notification shall be used by the District to facilitate Director of the District's Monitoring and Research inspection and sampling of the person to coincide Department, in writing, at least ten days prior to the with periods during which the batch and/or intermit- beginning of the shutdown or bypass. tent discharge may occur. No process wastewater may be discharged into the sanitary sewerage sys- Section 15. Notification Requirements Regard- tem on a batch basis except in conformance with the ing Spills, Malfunctions, Bypasses, batch discharge telephone notification procedure. and Slug Loadings For the purpose of this section, a batch discharge Each significant industrial user and each industri- is defined as a discharge of industrial waste which al user notified of applicability of this section based does not occur continuously during all working shifts on said user's use or storage of flammable, volatile, of the person. An intermittent discharge is defined explosive or corrosive materials, shall immediately as a discharge of industrial waste which originates notify the District, by telephone, in the event of any from an industrial process or activity which is not of the following occurrences: performed by the person during all working shifts of a) a mechanical malfunction of any portion of the person. such person's industrial waste pretreatment Section 13. Submittal of Facility Closure Sche- system, except in cases where (i) no waste- dule water is discharged to the sewerage system, Each significant industrial user and each industri- (ii) in the best professional judgment of the al user notified of applicability of this section based person's certified wastewater pretreatment on said user's use or storage of flammable, volatile, system operator, the wastewater discharge flow rate or quality is not affected or remains explosive or corrosive materials, who determines within the normal operating characteristics of that an industrial facility owned or operated by said the wastewater pretreatment system, or(iii) if person shall cease its operations, shall notify the the malfunction itself precludes the discharge Director of Monitoring and Research of intent to of wastewater; cease such operations, not less than 30 days prior to the cessation of operations. Such person shall b) an accidental or deliberate discharge without also submit to the District, at that time, a facility clo- adequate pretreatment of any chemical, sure schedule, which shall identify the dates upon product, production residue or other waste in- which the person anticipates completion of the lawful to the sewerage system; 9 c) an accidental or deliberate discharge which a Cease and Desist Order and shall be submitted no results in a violation of the criteria or applica- more frequently than once per month. ble discharge standards of this Ordinance; or Compliance Schedules (RD-112) required under d) a slug discharge. this section must be received at the District not later Such notification shall be made within one.hour of than 15 calendar days after the person's receipt of a the person's becoming aware of the incident, by tel- Cease and Desist Order issued by the District. ephone, to the Monitoring and Research Depart- Final Compliance Reports (RD-114) required un- ment, Industrial Waste Division (312) 751-3044 dur- der this section must be received at the District not ing normal business hours or to the Systems Dis- later than 15 calendar days after the final com- patcher (312) 787-3575 at all other times. Said noti- pliance date specified in the RD-112 for a given fication shall be confirmed in writing and received by Cease and Desist Order. Persons submitting RD- the District within five calendar days explaining the 114 forms for a Cease and Desist Order pertaining incident and outlining corrective measures to pre- to effluent discharge violations may limit sampling vent a recurrence. analyses to only the noncomplying pollutants indi- ARTICLE VI cated in the Cease and Desist Order. Administrative Proceedings Representative samples must be obtained at each control manhole/sampling chamber identified in Section 1. Cease and Desist Orders the Cease and Desist Order. Samples must be tak- Whenever the Executive Director determines that en for a minimum of three days within a two-week sewage, industrial wastes, or other wastes are be- period for the monitoring of a wastestream with ing, have been, or may reasonably be expected to flow less than 0 gallons per day. Where the be discharged into any waters or the sewerage sys- tem long-term averaagege flow of a wastestream exceeds tern under the jurisdiction of the District, which are 200,000 gallons per day, the user shall take samples not in compliance with the provisions of this Ordin- for six days within a two-week period. Sample col- ance, or that any person has otherwise acted con- lection shall conform al the requirements of 40 CFR trary to the provisions of this Ordinance or to a Dis- 403.12an and all analyses shall to lashed ed in accordance with test procedures established by the charge Authorization issued to such person under United States Environmental Protection Agency in this Ordinance, the Executive Director or his desig- 40 CFR 136. nee shall order such person to cease and desist such action. The Cease and Desist Order may be Notwithstanding any other non-monetary reme- sent via Certified Mail, Return Receipt Requested, or dies which the District may have by statute, common may be served personally by a representative of the law or this Ordinance, any person failing to submit a District at the site, on the owner, officer, registered report or submitting a deficient report to the District, agent or individual designated by permit, or operator as required hereunder, within the filing period estab- of the offending person. The Executive Director or lished by the District for such report, shall be as- his designee may convene a conciliation meeting sessed a late filing fee, as set forth under Article V, with the person so ordered to cease and desist for Section 10 of this Ordinance. the purpose of establishing a compliance and report- Section 3. Proceedings for Show Cause/ ing schedule for the person to come into compliance Board Order Compliance with the Ordinance or provisions of the Discharge Authorization. If any person fails or refuses to achieve com- Section 2. Compliance Reports pliance with this Ordinance within 90 days after noti- fication of a Cease and Desist Order issued pur- During conciliation proceedings, any person may suant to this Ordinance, the Executive Director may be required to furnish the District with compliance order such person to show cause before the Board schedules, interim and final compliance reports, of Commissioners of the District or its designee why sampling and analysis, and such other information they have failed or refused to comply with the Cease as is reasonably necessary to demonstrate com- and Desist Order. In making the determination to pliance with the applicable discharge standards of order a person to Show Cause why they have failed this Ordinance. All such reports, data, and informa- or refused to comply with the Cease and Desist Or- tion shall be executed by an authorized representa- der, the Executive Director shall, (i) with respect to tive of the person and certified as to accuracy and the discharge limits contained in Appendix B of this completeness by a Registered Professional Engi- Ordinance, place preponderant weight on monitoring neer licensed by the state of Illinois. Interim reports data based on composite samples representative of shall be required only when the person fails to the discharge of the person, unless the approved achieve compliance within 90 days of the receipt of analytical method does not allow analysis of compo- site samples, and (ii) with respect to categorical pre- 10 treatment standards contained in Appendix C of this of the order of the Board, that the discharge Ordinance, place preponderant weight on monitoring of industrial waste or other waste be discon- data based on sampling which conforms to sampling tinued within a specified period of time. After requirements specified in the applicable categorical all evidence has been presented, the hearing pretreatment standards. A notice shall be served on officer shall issue a Report based upon the the offending party, specifying the time and place of preponderance of evidence in the record, a hearing to be held by the Board of Commissioners which includes finding of fact, conclusions of regarding their failure to achieve compliance, and law, order, and, if violations are proven, rec- directing the offending party to show cause before ommended civil penalties. Civil penalties the Board why an order should not be entered di- shall be assessed at the level of 100.00 to recting the offending party to come into compliance. 2,000.00 per day of violation. Each day's The notice of the hearing shall be served personally continuation of such violation or failure to ab- or by Registered or Certified Mail at least ten (10) ide by the terms of this Ordinance is a sepa- days before the hearing; service may be had on any rate offense. A regulatory multiple day aver- agent or officer of a corporation or municipality. age that exceeds acceptable limits consti- After the Board of Commissioners has reviewed tutes a separate violation. the evidence, it may issue an order to the party re- f. The Report shall be transmitted to the Board, sponsible for the violation, directing that within a along with a complete record of the hearing. specified time period, the violation be discontinued, g. The Board shall either approve or disapprove and any other such orders as the Board may deem the Report. If the Report is rejected, the necessary. Board shall remand the matter to the hearing The Board shall establish procedures for assess- officer for further proceedings. If the Report ing fines and issuing orders as follows: is accepted by the Board, it shall constitute a. In making its orders and determinations, the the final order of the Board. Board shall take into consideration all the h. The Administrative Review Law of the State facts and circumstances bearing on the activ- of Illinois, and the rules adopted under such ities involved and the assessment of civil pe- law, shall govern all proceedings for judicial nalties as shown by the record produced at review of final orders of the Board issued un- the hearing. der this Section. b. The Board shall establish a panel of inde- i. The civil penalty specified by the Board shall pendent hearing officers to conduct all hear- be paid within 35 days after the party on ings on the issuance of orders and the as- whom it is imposed receives a written copy of sessment of civil penalties under this Section. the order of the Board, unless the person or The hearing officers shall be attorneys, li- persons to whom the order is issued seeks tensed to practice law in the State of Illinois. judicial review of the order under Article VI, c. The Board shall promulgate procedural rules Section 3, Paragraph h of this Ordinance. governing the proceedings, the issuance of j. If the respondent seeks judicial review of the orders and the assessment of civil penalties. order assessing a civil penalty, the respon- d. All hearings shall be on the record; and tes dent shall, within 20 days after the date of the final order timony taken must be under oath and record- the Board, pay the amount of ed stenographically. Transcripts so recorded the civil penalty into aescrow account main- must be made available to any member of tained by the District for r that purpose file bo - the public or any party to the hearing upon bond guaranteeing payment of the civil pe payment of the usual charges for transcripts. natty if the fines are upheld on review. At the hearing, the hearing officer may issue, k. Civil penalties not paid by the times specified in the name of the Board, notices of hearing above shall be delinquent and subject to a requesting the attendance and testimony of lien recorded against the property of the per- witnesses and the production of evidence re- son ordered to pay the penalty. The fore- levant to any matter involved in the hearing, going provisions for asserting liens against and may examine witnesses. real estate by the District shall be in addition e. The hearing officer shall conduct a full and to and not in derogation of any other remedy or right of recovery, in law respect to the law or equity, that the impartial hearing on the record, with an op- District may have with portunity for the presentation of evidence and - cross-examination of the witnesses. The tion or recovery of penalties and chargeesscolun- hearing officer may also recommend, as part posed by the District. Judgment in a civil a - tion brought by the District to recover or coi- 11 lect the charges shall not operate as a re- hearings, determines that the person has violated lease and waiver of the lien upon the real es- the Board's final order, the Board may authorize the tate for the amount of the judgment. Only sa- plugging of the sewer. The Executive Director shall tisfaction of the judgment or the filing of a re- give not less than 10 days written notice of the lease or satisfaction of lien shall release the Board's order to the owner, officer, registered agent, lien. or individual designated in said person's Discharge Section 4. Failure to Report is a Violation Authorization, as well as the owner of record of the real estate and other parties known to be affected, Whenever a person subject to this Ordinance that the sewer will be plugged. The Administrative failsto comply with any of the reporting requirements Review Law, and the rules adopted under that Law, of this Ordinance or with details regarding reporting shall govern all proceedings for the judicial review of requirements as directed by the Executive Director, final orders of the Board issued under this section. such failure shall be a violation of the Ordinance. If The foregoing provision for plugging a sewer it is necessary for the District to perform inspections shall be in addition to and not in derogation of any and/or sampling of the person's facility, the District other remedy, in law or in equity, that the District may recover the costs of such activity from the per- may have to prevent violation of this Ordinance and son in the same manner as debts are recoverable at orders of the Board. law. Section 5. Penalties ARTICLE VII The Board may also order the party responsible Court Proceedings for the violation, to pay a civil penalty in an amount Section 1. Violation of Order to be Considered specified by the Board which is not less than a Nuisance 100.00 nor more than 2,000.00 per day for each day on which such person was found in violation. i A violation of an Order of the Board shall be con- The a nuisance. If an The Board may also order the party responsible for y person fails to comply the violation to pay court reporter costs and hearing with any Order of the Board, the District, acting officer fees in a total amount not exceeding through the Executive Director, may commence an 3,000.00. Each day's continuance of such violation action or proceeding in the Circuit Court in and for or failure is a separate offense. Regulatory multiple the county in which the District is located or operates day averages which exceed acceptable limits shall facilities for the purpose of having the violation constitute separate violations. stopped either by mandamus or injunction, or to re- medy the violation in any manner provided by law, Section 6. Order to Cease Discharge Upon Violation of Board Order Section 2. Penalties The Executive Director may order a person to Whoever violates any provisions of this Ordin- cease the discharge of industrial waste upon a find- ance or fails to comply with an order of the Board of ing by the Executive Director that the final order of Commissioners issued in accordance with the provi- the Board, entered after a hearing to Show Cause, sions of this Ordinance, shall be assessed a civil has been violated. The Executive Director shall penalty of not less than 1,000.00 nor more than serve the person with a copy of the order either by 10,000.00 for each day the violation continues. If, Certified Mail or personally by serving the owner, however, the violation occurs before the entry of an officer, registered agent or individual designated in order by the Board, the civil penalty may be reduced said person's Discharge Authorization. The order of to not less than 100.00 nor more than 2,000.00 the Executive Director shall also schedule an expe- per day of violation. Each day's continuance of such dited hearing before a hearing officer designated by violation or failure is a separate offense. The penal- the Board for the purpose of determining whether ties provided in this Section, plus interest at the rate the company has violated the final order of the set forth in the Interest Act on unpaid penalties im- Board. The Board shall adopt rules of procedure posed by the Board under Article VI, Section 3 of governing expedited hearings. In no event shall the this Ordinance, the reasonable costs to the District hearing be conducted less than seven days after of removal or other remedial action caused by dis- receipt by the person of the Executive Director's or- charges in violation of the Metropolitan Water Rec- der. lamation District Act or this Ordinance, reasonable attorney's fees, court costs and other expenses of At the conclusion of the expedited hearing, the litigation, together with costs for inspection, sam- hearing officer shall prepare a report with his or her pling, analysis, and administration related to the en- findings and recommendations and transmit it to the forcement action against the person, are recovera- Board. If the Board, after reviewing the findings and ble by the District in a civil action. recommendations, and the record produced at the 12 Section 3. Injunctive Relief ARTICLE IX In addition to the penalties provided in the fore- Effective Date going Section, whenever a person violates any pro- This comprehensive Amendment shall take effect vision of this Ordinance or fails to comply with any immediately upon passage by the Board of Com- Order of the Board of Commissioners, the District, missioners. acting through the Executive Director, may apply to the Circuit Court of Cook County for the issuance of Approved: an injunction restraining the person violating the Or- Terrence J. O'Brien dinance or failing to comply with the Board Order President from making any further discharges into the water- Board of Commissioners ways or sewerage system of the District. Metropolitan Water Reclamation Notwithstanding any other remedies which the District of Greater Chicago District may have by statute, common law or this Ordinance, when, in the determination of the Execu- Approved as to Form & Legality: tive Director, any person's discharge presents an Alan Cook imminent danger to the public health, welfare or safety, presents or may present an endangerment to Doputy General Counsel the environment, or which threatens to interfere with Frederick M. Feldman the operation of the sewerage system or a water General Counsel reclamation facility under the jurisdiction of the Dis- trict, the District, acting through the Executive Direc- tor, may apply to the Circuit Court of Cook County for injunctive relief to cease and desist such dis- charge, without first exhausting administrative pro- cedures. ARTICLE VIII Savings Clause Section 1. Integrity of Ordinance If the provisions of any paragraph, section or ar- ticle of this Ordinance are declared unconstitutional or invalid by the final decision of any court of compe- tent jurisdiction, the provisions of the remaining pa- ragraph, sections or articles shall continue in full force and effect. Section 2. Previous Violations Nothing in this Ordinance shall in any manner or form affect the validity of any enforcement proceed- ings instituted under the Sewage and Waste Control Ordinance, in effect prior to the date of this amend- ment. Enforcement proceedings shall be controlled by the Sewage and Waste Control Ordinance, as amended, in effect at the time of the commencement of such enforcement activity. 13 APPENDIX A Compliance with the numerical effluent standards is to the therefore not required when effluent concentrations in excess of the standards result entirely from influ- SEWAGE AND WASTE CONTROL ent contamination, evaporation, and/or the incidental ORDINANCE addition of traces of materials not utilized or pro- DISCHARGES TO AND POLLUTION OF duced in the activity that is the source of the waste. WATERS c. Sampling Section 1. General Provisions Except as otherwise specifically provided in this Appendix A, proof of violation of the numerical stan- dards of this Appendix A shall be on the basis of one or more of the following standards: Dilution of the effluent from a treatment works or from any wastewater source is not acceptable as a (1) No monthly average shall exceed the pre- method of treatment of wastes in order to meet the scribed numerical standard. standards set forth in this Appendix A. Rather, it (2) No daily composite shall exceed two times shall be the obligation of any person discharging the prescribed numerical standard. contaminants of any kind to the waters of the state to provide the best degree of treatment of waste- (3) No grab sample shall exceed five times the water consistent with technological feasibility, eco- prescribed numerical standard. nomic reasonableness, and sound engineering judgment. In making determinations as to what kind d. Terminology treatment is the"best degree of treatment'within the Terms used under Section 1c shall have the fol- meaning of this paragraph, any person shall consid- lowing meanings: er the following: (1) The monthly average shall be the numerical (1) What degree of waste reduction can be average of all daily composites taken during achieved by process change, improved a calendar month. A monthly average must housekeeping, and recovery of individual be based on at least three daily composites. waste components for reuse; and (2) A daily composite shall be the numerical av- (2) Whether individual process wastewater erage of all grab samples, or the result of analysis streams should be segregated or combined. li single sample formed bining alll aliquots taken during a calendar day. A daily composite must be based on at In any case, measurement of contaminant con- least three grab samples or three aliquots centrations to determine compliance with the effluent taken at different times. standards shall be made at the point immediately (3) A grab sample is a sample taken at a single following the final treatment process and before mix- time. Aliquots of a daily composite are grab ture with other waters, unless another point is desig- samples only if they are analyzed separate- nated by the District. If necessary, the concentra- ly tions so measured shall be recomputed to exclude the effect of any dilution that is improper under this Section 2. Violation of Water Quality Stan- Appendix A. dards b. Background Concentrations In addition to the other requirements of this Ap- pendix A, no effluent shall, alone or in combination Because the effluent standards in this Appendix with other sources, cause a violation of any state A are based upon concentrations achievable with water quality standard. When the District finds that a conventional treatment technology that is largely discharge that would comply with effluent standards unaffected by ordinary levels of contaminants in in- contained in this Appendix A would cause or is caus- take water, they are absolute standards that must be ing a violation of state water quality standards, the met without subtracting background concentrations, District shall take appropriate action to require the However, it is not the intent of these regulations to discharge to meet whatever effluent limits are ne- require users to clean up contamination caused es- cessary to ensure compliance with the state water sentially by upstream sources or to require treatment quality standards. When such a violation is caused when only traces of contaminants are added to the by the cumulative effect of more than one source, background. several sources may be joined in an enforcement 14 proceeding, and measures for necessary effluent issued by the Illinois Environmental Protection reductions will be determined on the basis of tech- Agency. nological feasibility, economic reasonableness, and Section 8. Additional Contaminants fairness to all dischargers. Section 3. Offensive and Threatening Dis- The following levels of contaminants shall not be charges exceeded by any discharge of sewage, industrial wastes or other wastes to waters under the jurisdic- In addition to the other requirements of this Ap- tion of the District. pendix A, no effluent shall contain untreated sewage constituents, settleable solids, floating debris, visible Concentration oil, grease, scum, or sludge solids, or liquids, solids Waste or Chemical (mg/L) or gases which by reason of their nature or quantity are sufficient to cause fire or explosion or be inju- Arsenictotal)------------------------------------------------0.25 rious in any other way to the sewerage system, to Barium (total)------ -- ..-, 2.0 human life or to the environment. No effluent shall Cadmium (total)..-.................... .-.-- I.....0.15 have a closed cup flashpoint less than 140 degrees Chromium (total hexavalent)'------------ ---------_0.1 Fahrenheit (60 degrees Centigrade) using the test Chromium (total)............................................1.0 methods specified in 40 CFR 261.21. Color, odor, Copper(total)---------------------------------------------- 0.5 and turbidity must be reduced to below obvious le- Cyanide..-. - 0.10 ........................................ vels. Fats, oils and e ------------------------------- 5.0 Fluoride(total)_____________________________________________ 15.0 Iron(total).... . ------------ --------------------------------2.0 Section 4. Deoxygenating Wastes Lead(total)----------------------------------------------- _0.2 Manganese (total)........................ .............1.0 All effluents containing deoxygenating wastes Mercury(total)"'........------------------------------------0.0005 shall meet the following standards: Nickel (total).................................................. 1.0 a. No effluent from any source discharging into Phenols ................................... -- -___- .0.3 the Chicago River System or into the Calu- Silver........ ................ 0.1 met River System shall exceed 20 mg/L of Zinc(total)-.......................------------------------------1.0 BOD or 25 mg/L of suspended solids. pH range(must be met at all ............6.0- 9.0 b. No effluent from any source discharging into the Des Plaines River System shall exceed Discharge of hexavalent chromium shall be 30 mg/L of BOD or 30 mg/L of suspended sulNect to the averaging rule of Section 1 c of solids. this Appendix, modified as follows: monthly C. No effluent whose dilution ratio is less than averages shall not exceed 0.1 mg/L; daily five to one shall exceed 10 mg/L of BOD or composites shall not exceed 0.3 mg/L; and 12 mg/L of suspended solids. grab samples shall not exceed 1.0 mg/L. d. No effluent whose dilution ratio is less than " Oil may be analytically separated into polar one to one shall exceed 4 mg/L of BOD or 5 and nonpolar components. If such separa- mg/L of suspended solids. tion is done, neither of the components may exceed 15 mg/L (i.e., 15 mg/L polar materials Section 5. Bacteria and 15 mg/L nonpolar materials). No effluent governed by this Appendix A shall ex- Except if all of the following conditions are teed 400 fecal coliforms per 100 ml. met: 1. The discharger does not use mercury; or Section 6. Phosphorus the discharger uses mercury and this use No effluent discharged to the Calumet River shall cannot be eliminated; or the discharger contain more than 1.0 mg/L of phosphorus as P. uses mercury only in chemical analysis or in laboratory or other equipment and takes Section 7. Lake Michigan reasonable care to avoid contamination of wastewater; and There shall be no discharge of any sewage, in- 2. The effluent mercury concentration is less dustrial wastes or other wastes of any kind into the than 0.003 mg/L, as determined by appli- waters of Lake Michigan unless the discharges are cation of the averaging rules of Section 1c subject to regulation under a current and valid Na- of this Appendix; and tional Pollutant Discharge Elimination System Permit 15 3. The discharger is providing the best de- temperature at the District's Water Reclamation gree of treatment consistent with technol- Plants to exceed 104°F. ogical feasibility, economic reasonable- ness, and sound engineering judgment. Discharges from domestic water treatment This may include no treatment for mer- plants which supply potable water to the gen- cury; and eral public shall be exempt from this limitation for iron. 4. The discharger has an inspection and maintenance program likely to reduce or Except as provided under Appendix B, Sec- prevent an increase in the level of mercury tion 2i. discharges. "' Discharges which are monitored continuously Section 9. Discharges Made Under Current for pH may exceed the upper pH range of and Valid National Pollutant Dis- 10.0 by not more than 0.5 pH units, for not charge Elimination System Permit more than four hours in any single calendar day. The provisions of this Appendix shall not be ap- plicable to discharges subject to regulation under a Section 2. Discharge Prohibitions current and valid National Pollutant Discharge Elimi- nation System Permit issued by the Illinois Environ- Any discharge of waste or waters into a sewer mental Protection Agency. which terminates in or is a part of the sewerage sys- tem of the District, must not contain the following: APPENDIX B a. Liquids, solids or gases which by reason of to the their nature or quantity are sufficient to SEWAGE AND WASTE CONTROL cause fire or explosion or be injurious in any ORDINANCE other way to the sewerage system or to the operation of the water reclamation facilities, DISCHARGES TO AND POLLUTION OF including, but not limited to, any waste- SEWERAGE SYSTEMS stream having a closed cup flashpoint less Section 1. Pollutant Concentration Limits than 140 degrees Fahrenheit (60 degreesCentigrade) using the test methods speci- The following are the maximum concentrations fied in 40 CFR 261.21. acceptable for discharge of sewage, industrial b. Noxious or malodorous liquids, gases or wastes, or other wastes into sewerage systems un- substances which either singly or by interac- der the jurisdiction of the District at any time: tion with other wastes are sufficient to create a public nuisance or hazard to life, to cause Concentration injury or acute worker health or safety prob- Waste or Chemical (mg/L) lems, or to prevent entry into the sewers for their maintenance or repair. Cadmium-„___..................._..............................._2.0 c. Water or wastes containing toxic substances Chromium (total).._- - 25.0 in quantities which are sufficient to interfere Chromium (hexavalent)____....................I......----10.0 with the biological processes of the water Copper-------------------------------------------------------------- 3.0 reclamation facilities. Cyanide(total)_. .__- Fats, oils and greases (FOG) (total)_,------ .....250.0 d. Garbage that has not been ground or com- Iron`---------------------------------------„___,____.._._-._____250.0 minuted to such a degree that all particles Lead -.. 0.5 will be carried freely in suspension under Mercury------------------------------------I........ . -..- ....._0.0005 conditions normally prevailing in public sew- Nickel,-,,, __,,,,,,- .,,, „,,-- ,,,,_-__ 10.0 ers, with no particle greater than one-half Zinc................... .................. ................ ...... ..15.0 inch in any dimension. pH rangee" Not lower than 5.0 or greater than 10.0 s. Radioactive wastes unless they comply with 10 CFR 20 and 32 Illinois Administrative Code 340. f. Solid or viscous wastes which cause ob- Temperatures of liquids or vapors at point of en- struction to the flow in sewers or other inter- trance to a public sewer shall not exceed 150'F and ference with the proper operation of the se- in no case heat to such a degree that causes the werage system or water reclamation facili- ties, such as grease, uncomminuted gar- 16 i bage, animal guts or tissues, paunch ma- written request, together with a complete re- nure, bone, hair, hides, fleshings, entrails, port indicating why the alternative discharge feathers, sand, cinders, ashes, spent lime, limitations for mercury should be applicable stone or marble dust, metal, glass, straw, to such person's discharge, to the Director shavings, grass clippings, rags, spent grain, of the District's Monitoring and Research waste paper, wood, plastic, gas, tar, asphalt Department, in accordance with procedures residues, residues from refining or established by the Director of the District's processing of fuel or lubricating oil, gasoline, Monitoring and Research Department. The naphtha, and similar substances. Potential- District will advise the person, in writing, of ly Infectious Medical Wastes unless they approval or denial of the person's request, comply with 35 Illinois Administrative Code, within 90 days of the District's receipt of the Subtitle C. person's request. g. Waters or waste containing substances j. The discharge of wastes from medicinal or which are not amenable to treatment or re- therapeutic uses of mercury, exclusive of la- duction by the sewage treatment process boratory use, shall be exempt from the employed, or are amenable to treatment on- 0.0005 mg/L limitation of this section if all ly to such degree that the water reclamation the following conditions are met: facilities' effluent cannot meet the require- (1) The total plant discharge is less than ments of other agencies having jurisdiction 227g (one half pound) as Hg in any over discharge to the receiving waters. year; and h. Excessive discoloration (such as, but not li- mited to, dye waste and vegetable tanning (2) The discharge does not, alone in solutions) which threatens the District's op- conjunction with other sources, cause erations. the effluent from the sewer system or treatment facility to exceed 0.0005 i. Mercury in excess of 0.0005 mg/L on a mg/L of mercury. monthly average, 0.001 mg/L in a daily k. Pollutants which will cause corrosive struc- composite, and 0.0025 mg/L in any grab tural damage. sample; except when all of the following conditions are met: I. Pollutants including, but not limited to, petro- leum oil, non-biodegradable cutting oil, and or the discharger uses mercury and this products of mineral origin, which cause in- use cannot be eliminated; or the dis- terference or pass-through. charger uses mercury only in chemical m. Hauled or trucked wastes, except at dis- analyses or in laboratory or other charge points designated by and under valid equipment and takes reasonable care written authorization of the District. to avoid contamination of wastewater; Section 3. Dischargers in the Poplar Creek and Service Area (2) The discharge mercury concentration is Persons located in the Poplar Creek Service Area less than 0.003 mg/L on a monthly av- of the District discharging sewage, industrial waste, erage, 0.006 mg/L in a daily composite, and other wastes to the sewerage system under the and 0.015 mg/L in any grab sample; jurisdiction of the District which is tributary to the and water reclamation facility owned and operated by the (3) The discharger is providing the best Fox River Water Reclamation District may be subject degree of treatment consistent with to more stringent limitations than the limitations technological feasibility, economic rea- found in Appendix B to this Ordinance. sonableness, and sound engineering Section 4. Compliance Determination judgment. This may include no treat- ment for mercury; and Compliance with the discharge limitations in this (4) The discharger has an inspection and Appendix shall be maintained at all times, without maintenance program likely to reduce exception. Any grab sample, or a composite sample or to prevent an increase in the level of of any duration, may be used for purposes of deter- mercury discharges. mining compliance with the discharge limitations in this Appendix. District monitoring of industrial users Any person seeking application of the alter- for determining compliance with the discharge limita- native discharge limitations for mercury into tions in this Appendix shall conform to the provisions the sanitary sewerage system shall submit a 17 of 40 CFR 403.8(f)(2)(vi), and shall be performed New significant industrial users shall complete with sufficient care to produce evidence admissible and submit to the District, on forms supplied by the in enforcement proceedings. District, an acceptable BMR at least 90 days prior to APPENDIX C commencing discharge. to the Section 2. Compliance Schedule SEWAGE AND WASTE CONTROL It shall be unlawful for a significant industrial user ORDINANCE to continue to discharge process wastewater. to a sewerage system under the jurisdiction of the District REGULATIONS APPLICABLE TO SIGNIFICANT if the Executive Director has found the person in vi- INDUSTRIAL USERS olation pursuant to Article VI, Section 1 of this Or- dinance, or if the person certifies in their BMR or ARTICLE I DAR that applicable pretreatment standards or other requirements are not being met on a consistent ba- Reporting Requirements Applicable sis and that additional operation and maintenance or to Significant Industrial Users pretreatment facilities are required to meet those standards or requirements, unless the significant In addition to the reporting requirements con- industrial user has submitted to the District a com- tained in Article V of this Ordinance, the following pliance schedule which conforms to the require- reporting requirements are applicable to any person ments of 40 CFR 403.12(c) and which is acceptable identified by the District as a significant industrial to and approved by the Executive Director. The user. schedule shall comply with the certification provi- Section 1. Baseline Monitoring Report sions of 40 CFR 403.12(b) and the signatory re- quirements of 40 CFR 403.12(1) and shall be certi- Within 90 days after the date of promulgation for fied by an authorized representative of the industrial the applicable categorical standards found in Ap- user and certified by a Registered Professional En- pendix C, existing industrial users subject to cate- gineer licensed by the state of Illinois. In the event gorical pretreatment standards and currently dis- the compliance schedule is not acceptable, the Ex- charging an effluent into a sewerage system under ecutive Director may require re-submittal of a com- the jurisdiction of the District, shall complete and pliance schedule acceptable to the District, or may submit to the District, on forms supplied by the Dis- proceed as set forth under Article VI of this Ordin- trict, a BMR. Within 90 days after being notified by ance. the District of designation as a significant industrial user, significant industrial users not subject to cate- A compliance schedule for attaining compliance gorical standards shall submit a BMR to the District. with an applicable categorical pretreatment standard Sampling requirements for the completion of the cannot extend beyond the final compliance date for BMR shall be supplied by the District and shall con- the applicable categorical pretreatment standard form to the requirements of 40 CFR 403.12(g). contained in the Code of Federal Regulations. Upon adoption of Appendix D to this Ordinance, A compliance schedule submitted by a significant the BMR form supplied by the District for purposes industrial user as required herein shall be consi- of reporting under this section is replaced by the dered an enforceable requirement of a DA issued to Discharge Authorization Request (DAR) form sup- the significant industrial user, and failure to comply plied by the District. All provisions of this Ordinance with the compliance schedule shall be considered a relating to the preparation and submittal of the BMR violation of this Ordinance. form shall be applicable to the preparation and sub- Section 3. Final Compliance Report mittal of the DAR form. The BMR shall contain all information required by Each person subject to categorical pretreatment standards shall, within 90 days following the date for 40 CFR 403.12 (b), (c) and (g) of the general pre- final compliance as set forth in Appendix C, Article treatment regulations together with additional infor- III, submit to the Director of the District's Monitoring mation as required by the District. and Research Department, a report of final com- The BMR shall comply with the certification provi- pliance with the categorical pretreatment standards sions of 40 CFR 403.12(b) and the signatory re- on forms supplied by the District. The statement quirements of 40 CFR 403.12(1), and shall be ex- shall conform to the requirements of 40 CFR ecuted by an authorized representative of the signif- 403.12(d) and (g), shall comply with the certification icant industrial user and certified as accurate and provisions of 40 CFR 403.12(b) and the signatory complete by a Registered Professional Engineer requirements of 40 CFR 403.12(1), shall be executed licensed by the state of Illinois. by an authorized representative of such person, and 18 certified by a Registered Professional Engineer li- request must be submitted to the Director of Monitor- censed by the state of Illinois. ing and Research and will not become effective until such determination is issued by the District, in writ- New significant industrial users shall complete ing. The significant industrial user must continue to and submit to the Director of the District's Monitoring submit all reports required under this section as es- and Research Department a report of final com- ta pliance immediately upon commencement of dis- said sin the Discharge Authorization issued to significant charge. d significant industrial user. The reports must be complete and accurate in all aspects, except for self- Each significant industrial user shall take repre- monitoring data. The District will perform the re- sentative samples for a minimum of three days with- quired sampling on behalf of the significant industrial in a two-week period for the monitoring of a waste- user and shall insert its data to complete the report. stream with a flow less than or equal to 200,000 gal- The Director of Monitoring and Research may with- lons per day. Where the flow of a waste-stream ex- draw a waiver of the self-monitoring requirements ceeds 200,000 gallons per day, the user shall take granted under this paragraph upon a determination samples for six days within a two-week period. that the significant industrial user discharges greater Sample collection shall conform to the requirements than 5,000 gallons of industrial waste in any Galen- of 40 CFR 403.12(g). Sample analysis shall include dar month, or if the significant industrial user is all parameters listed in Appendix B, Sections 1 and found in significant noncompliance with any provi- 2(i) of this Ordinance and any parameters listed in sions of this Ordinance. the categorical pretreatment standards applicable to Any significant industrial user may request a the significant industrial user. waiver from the self-monitoring requirements of this Section 4. Reporting Continued Compliance section for one continued compliance report, as re- Each significant industrial user shall submit to the quired hereunder, annually. The significant industri- al user must have an acceptable outside control District, on forms supplied by the District and at in- manhole/sampling chamber, as required under the tervals specified by the District, in the Discharge Au- provisions of Article IV of this Ordinance, to enable thorization issued to the significant industrial user, the District to perform the required monitoring on which shall be not more than once per month nor behalf of the significant industrial user. The request less than twice per year, a report on continued com- must clearly indicate which annual continued com- pliance with applicable pretreatment standards and pliance report is the subject of the waiver request, other requirements of this Ordinance. The reports must be submitted to the Director of Monitoring and shall cover all pertinent activities of the industrial Research and will not become effective until such user from the close of the previous reporting period determination is issued by the District, in writing. through a date 30 calendar days prior to the report The significant industrial user must continue to sub- due date specified in the Discharge Authorization mit all reports required under this section as estab- issued to the industrial user, and must be received lished in the Discharge Authorization issued to said by the District not later than the report due date. significant industrial user. The District will perform The reports shall conform to the requirements of 40 the required sampling on behalf of the significant CFR 403.12(e) and (g), shall comply with the signa- industrial user and shall provide its data to the signif- tory requirements of 40 CFR 403.12(1), and shall be icant industrial user to complete the continued com- certified by an authorized representative of the in- pliance report. The reports must be complete and dustrial user. accurate in all aspects. The Director of Monitoring Sampling requirements for the completion of re- and Research may withdraw a waiver of the self- ports on continued compliance shall be the same as monitoring requirements granted under this para- described in Section 3 above. graph upon a determination that the significant in- dustrial user is in significant noncompliance with any Notwithstanding any other non-monetary reme- provisions of this Ordinance. dies which the District may have by statute, common law or this Ordinance, any person failing to submit a Section 5. Late Filing of Reports report or submitting a deficient report to the District, Notwithstanding any other non-monetary reme- as required hereunder, within the filing period estab- dies which the District may have by statute, common lished by the District for such report, shall be as- law or this Ordinance, any person failing to submit a sessed a late filing fee, as set forth under Article V, report or submitting a deficient report to the District, Section 10 of this Ordinance. as required under any provision of this Appendix, Any significant industrial user whose total indus- within the filing period established by the District for trial waste discharge does not exceed 5,000 gallons such report, shall be assessed a late filing fee, as in any calendar month, may request a waiver of the set forth under Article V, Section 10 of this Ordin- self-monitoring requirements of this section. The ante. 19 ARTICLE II Additional Requirements Relating to Compliance with Appendix C Section 1. Dilution Prohibition No person shall augment the use of process wa- ter or, in any way, dilute or attempt to dilute a dis- charge as a partial or complete substitute for ade- quate pretreatment to achieve compliance with the limitations contained in this Ordinance. Section 2. Intake Water Adjustment Persons seeking adjustment of categorical pre- treatment standards to reflect the presence of pollu- tants in their intake water must comply with the re- quirements of 40 CFR 403.15. Section 3. Fundamentally Different Factors Variance Persons seeking variances for reasons of funda- mentally different factors must comply with the re- quirements of 40 CFR 403.13. The Executive Direc- tor may, upon notification of approval by the USEPA of the variance request, apply limitations to the in- dustrial user. Section 4. Adjustment for Combined Waste Streams Persons seeking adjustments in the categorical pretreatment standards may petition the District for approval of adjustments to account for the combin- ing or mixing of industrial process waste discharges with other flows or industrial process waste dis- charges prior to pretreatment or to discharge to the sewerage system under the jurisdiction of the Dis- trict. The petition to the District must follow require- ments and formulae established in 40 CFR 403.6(e) and be certified by an authorized representative and certified by a Registered Professional Engineer li- censed by the state of Illinois. Section 5. End-of-Process Monitoring Where required to comply with the categorical pretreatment standards of Appendix C, additional control manholes or sampling chambers shall be provided at the end of each industrial process within an industrial user's facility. 20 ARTICLE III Categorical Pretreatment Standards Section 1. Categorical Standards Industrial categories for which pretreatment standards have been promulgated and as amended by the USE- PA are listed herein. Industrial users in one or more of the regulated categories will be supplied with the appro- priate pretreatment standards by the District. Those categorical standards as promulgated and as amended by the USEPA and set forth below are adopted by the Board of Commissioners as its performance criteria for dis- charge to sewers under the jurisdiction of the District. Industrial Point Industrial Point Source Category Final Rule Date Source Category Final Rule Date 401 General provisions 2/1/1974 445 Landfills 1/19/2000 403 General pretreatment regulations 425 Leather tanning and finishing 11/23/1982 for existing and new sources 432 Meat products 2/28/1974 of pollution 1/28/1981 433 Metal finishing 7/15/1983 467 Aluminum forming 10/24/1983 464 Metal molding and casting 10/30/1985 427 Asbestos manufacturing 2/26/1974 438 Metal products and machinery 5/13/2003 461 Battery manufacturing 3/9/1984 436 Mineral mining and processing 10/16/1975 407 Canned and preserved fruits and 471 Nonferrous metals forming and vegetables processing 3/21/1974 metal powders 8/23/1985 408 Canned and preserved seafood 421 Nonferrous metals manufacturing 3/8/1984 processing 6/26/1974 435 Oil and gas extraction 4/13/1979 458 Carbon black manufacturing 1/9/1978 440 Ore mining and dressing 12/3/1982 411 Cement manufacturing 2/20/1974 414 Organic chemicals, plastics and 437 Centralized waste treatment 12/22/2000 synthetic fibers 11/5/1987 434 Coal mining 10/9/1985 446 Paint formulating 7/28/1975 465 Coil coating 12/1/1982 443 Paving and roofing materials 412 Concentrated animal feeding (tars and asphalt) 7/24/1975 operations 2/12/2003 455 Pesticide chemicals 4/25/1978 468 Copper forming 8/15/1983 419 Petroleum refining 10/18/1982 405 Dairy products processing 3/28/1974 439 Pharmaceutical manufacturing 10/27/1983 469 Electrical and electronic 422 Phosphate manufacturing 2/20/1974 components 4/8/1983 459 Photographic 7/14/1976 413 Electroplating 1/28/1981 463 Plastics molding and forming 12/17/1984 457 Explosives manufacturing 3/9/1976 466 Porcelain enameling 11/24/1982 424 Ferroalloy manufacturing 2/22/1974 430 Pulp, paper and paperboard 4/15/1998 418 Fertilizer manufacturing 41811974 428 Rubber manufacturing 2/2111974 426 Glass manufacturing 1/22/1974 417 Soap and detergent 406 Grain mills 3/20/1974 manufacturing 4112/1974 454 Gum and wood chemicals 423 Steam electric power generating 11/19/1982 manufacturing 5/18/1976 409 Sugar processing 1/31/1974 460 Hospitals 5/6/1976 410 Textile mills 9/2/1982 447 Ink formulating 7/28/1975 429 Timber products processing 1/26/1981 415 Inorganic chemicals 442 Transportation equipment manufacturing 6/29/1982 cleaning 8/14/2000 420 Iron and steel manufacturing 5/27/1982 444 Waste combustors 1/27/2000 21 Section 2. Compliance Determination f. Compliance milestone requirements and dates Industrial user self-monitoring for determining of any compliance schedule entered into by the compliance with categorical pretreatment standards significant industrial user to remedy a condition shall conform to the provisions contained in Appen- of noncompliance with the terms and conditions of this Ordinance or a DA issued to the signifi- cant C,Article I of this Ordinance. cant industrial user pursuant hereto. District monitoring of industrial users for deter- Section 3. Discharge Authorization Request mining compliance with categorical pretreatment standards shall conform to the provisions of 40 CFR Within 90 days of the date of notification from the 403.8(f)(2)(vii), and shall be performed with sufficient District that a person has been determined to be a care to produce evidence admissible in enforcement significant industrial user, such person shall com- proceedings. plete and submit to the District, on forms supplied by the District, a Discharge Authorization Request APPENDIX D (DAR). Sampling requirements for the completion of the DAR shall be specified on the DAR form sup- to the plied by the District. Sample collection and analysis SEWAGE AND WASTE CONTROL shall conform to the requirements of 40 CFR ORDINANCE 403.12(8). Discharge Authorizations Any person who submits a completed and certi- fied DAR to the District, in a timely manner as pro- Section 1. Applicability vided herein, may continue to cause or allow the As provided under Article III, Section 1 of this Or- discharge of process wastewater into the sewerage system under the jurisdiction of the District, in the dinance, and except as provided elsewhere in this DA, only in conformance with all other Appendix, it shall be unlawful for any significant in- absence of dustrial user, as defined herein, to cause or allow terms and coo nditions of this Ordinance. the discharge of process wastewater into the sewe- For the purposes of this provision, any person rage system under the jurisdiction of the District un- who has on file with the District, a current and ap- less such significant industrial user is in confor- proved BMR shall be deemed to have been issued mance with all terms and conditions of a current va- an interim DA, and shall not be required to submit a lid Discharge Authorization issued to said significant DAR, until 90 days after being notified of such re- industrial user by the District. quirement by the District. Section 2. Discharge Authorization Document The DAR shall disclose the name and address of the person, as defined herein, seeking the Dis- The Discharge Authorization document issued by charge Authorization and identity the name(s) of all the District shall contain, at a minimum, the following officers or principal owners of said person. The DAR conditions: shall be executed by an authorized representative of a. Statement of limited duration not to exceed five the person and certified as accurate and complete years, as provided for in Appendix D, Section 6 by a Registered Professional Engineer licensed by of this Ordinance; the state of Illinois. b. Transferability provision, as provided for in Ap- Any person who plans to commence new activi- pendix D, Section 7 of this Ordinance; ties or who plans to modify existing activities such that said person becomes a significant industrial us- c. Effluent discharge limitations applicable to all er shall notify the District of such activities and shall effluent discharge monitoring points of the indus- submit to the District, on forms supplied by the Dis- trial user, as provided for in Appendix B and Ap- trict, a DAR at least 90 days prior to commencement pendix C of this Ordinance; of such activities and discharge to the sewerage d. Self-monitoring, sampling, reporting, notification system. and record-keeping requirements, including Section 4. Issuance of Discharge Authoriza- identification of the pollutants to be monitored, tion By District sampling points, sampling frequency, and sam- ple type, as provided for in Article V, Article Vl, Within 90 days of receipt of a completed DAR, Appendix C and Appendix D of this Ordinance; the District shall notify the person submitting said applicable penalties for violation of DAR of approval or denial of the DAR and the rea- e. Statement of a pp p son(s) for denial. standards and requirements, as provided for in Article VI and Article VII of this Ordinance; and For the purposes of this provision, any person who has on file with the District, a current and ap- 22 proved BMR shall be deemed to have been issued Section 6. Request For Renewal of Dis- an interim DA. charge Authorization Section S. Review of Denial of Discharge Discharge Authorizations issued pursuant to this Authorization or Special Condi- Ordinance shall be valid for a period not exceeding tion in Discharge Authorization five years. Not less than 90 days prior to the expira- tion date of a discharge authorization issued by the Any person whose DAR has been denied by the District, or who wishes to have reviewed any special District, the person to whom said discharge auton a condition of a Discharge Authorization issued to nation was issued shall submit to the District, r - such person, may request a review of the District's newDAR form supplied rg the District, a request for re- determination. Such request must be made in writ- who of the discharge authorization. Any person ing, to the Director of Monitoring and Research, and who submits i completed and certified request for must be received by the District Wthin 30 days of the renewal, in a timely manner as provided herein, shall date of notification that the DAR has been denied or h granted an extension tthe termination date of of notification of the special condition. The request their DA, until such time ass de- the District issues for review must clearly state the reason(s) why such termination with regard such person's request t for person believes that the District's denial of the DAR renewal of the DA. Anyy person whose request for or the special condition should be reviewed. renewal a DA has been denied may seek review of such denial, as provided in Appendix D, Section 5 a. Any person whose DAR for a new discharge of this Ordinance. has been denied by the District is prohibited In addition to the provisions for administrative and from commencing the discharge of process legal proceedings contained in Article VI and Article wastewater into the sewerage system of the VII of this Ordinance, whenever the Executive Dirac- District until such time as a Discharge Autho- for determines that a person to whom a Discharge rization is issued to said person. Authorization has been issued has failed to comply b. Any person whose DAR for an existing dis- with an Order of the Board issued pursuant to this charge has been denied may continue to dis- Ordinance; has failed to comply with a substantive charge process wastewater into the sewe- Order of the Court issued in litigation initiated by the rage system of the District, only in actor- District, the Office of the State's Attorney or the dance with all conditions reported in the DAR United States Attorney, against such person for and not otherwise in violation of this Ordin- noncompliance with this Ordinance; has failed to ante, during the review and until a final ad- promptly pay all civil penalties, late filing fees or oth- ministrative decision by the District. er costs assessed against such person in any action c. Any person who requests a review of a spe taken by the District; or has failed to pay all User tial condition contained in a Discharge Au- Charges owed to the District by such person, the cial Conditization issued to said person, for r exist- Director of Monitoring and Research may deny re- ng discharge of process wastewater, may newal of such person's Discharge Authorization, continue a discharge process wastewater may in- except that actions subject to a pending and proper- to the sewerage system of the District, only in f filed appeal taken pursuant to the provisions set accordance with all conditions of the Dis- forth a this Ordinance, the Rules Governing the charge Authorization issued to said person, Proceedings, Assessment of Civil Penalties, and except the special condition under review, Issuance rd Orders Under the Sewage and Waste and not otherwise in violation of this Ordin- matControl Ordinance of the Metropolitan Water Rewe ance, during the review and until a final ad- Charge District a Greater Chicago, re the User ministrative decision by the District. Charge Ordinance, shall not be considered sufficient cause for the District to deny renewal of such per- The Director of Monitoring and Research will in- son's Discharge Authorization until said appeal has form the Executive Director of all requests for re- been finally resolved by the District. view. The Executive Director shall order that a hear- During the period of review of any denial of a re- ing be held for each request for review. The review quest for renewal of an existing DA, the person may hearing shall comply with the hearing procedures of continue to cause or allow the discharge of process Article VI, Section 3 of this Ordinance. The final wastewater into the sewerage system under the ju- administrative decision on each review will be made risdiction of the District only in conformance with all by the Board of Commissioners after it receives a terms and conditions of this Ordinance and the DA report with recommendations from the Review Hear- previously issued to said person. ing Officer. 23 Section 7. Reissuance of Discharge Authori- by the District, the Office of the State's Attorney or zation to Another Person the United States Attorney, against such person for Discharge Authorizations issued pursuant to this noncompliance with this Ordinance; has failed to Ordinance shall be issued to the specific person, as promptly pay all civil penalties, late filing fees or oth- defined in Article II of this Ordinance, and for the er costs assessed against such person in any action specific location identified in the Discharge Authori- taken by the District; or has failed to pay any User zation Request submitted to the District. Such Dis- charge Authorization shall remain in full force and Any change in the person to whom a Discharge effect until expiration thereof, or until non-renewal or Authorization has been issued must be reported to revocation by the District. the Director of Monitoring and Research not less No Discharge Authorization may be reissued to than 30 days prior to such change, together with the another person if the person to whom the Discharge effective date of the change and the identity of the Authorization was issued is the subject of an unre- person to whom the Discharge Authorization should solved enforcement action taken by the District, or if be reissued. Not less than 20 days prior to the ef- fective date of the change, the District will advise all the person has failed to pay, within 30 days of the parties of any unresolved enforcement actions and payment due date, all monies owed to the District monies owed to the District. The parties shall have under this Ordinance and the District's User Charge ten days to resolve these matters in accordance with Ordinance, unless the following occurs prior to the the terms of this section. Not less than five days effective date of the transfer: prior to the effective date of the change, the District 1. The person seeking to transfer the Discharge will advise all parties whether the Discharge Authori- Authorization has resolved the outstanding zation may be reissued. If the District does not ob- enforcement action to the satisfaction of the ject to reissuance of the Discharge Authorization, District and has paid all monies owed to the the person to whom the Discharge Authorization District, or, was originally issued must submit to the District, be- 2. In the event of an unresolved enforcement fore the effective change date, an affidavit verifying action, the transferee has submitted a plan delivery of a copy of the existing Discharge Authori- and schedule for resolving the outstanding zation to the person to whom the Discharge Authori- enforcement action within a period accepta- zation is to be reissued. The District will reissue the ble to the District. Such plan and schedule Discharge Authorization to the person, as identified must be certified by a Registered Profession- in the above notification, within 30 days of receipt of al Engineer licensed by the state of Illinois said notification, if there has been compliance with and an authorized agent of the transferee the terms of this section of the Ordinance. and shall be incorporated as an enforceable Continued discharge of process wastewater into Special Condition in the Discharge Authoriza- a sewerage system under the jurisdiction of the Dis- trict, in the absence of a current and valid Discharge 3. In the event of monies owed to the District, Authorization, will be considered a knowing and will- the transferee has submitted an affidavit to ful violation of this Ordinance, the applicable statutes the District assuming full responsibility for of the state of Illinois and applicable federal pre- payment of all monies owed to the District. treatment regulations. The affidavit shall also be signed by the transferor and acknowledge that assumption The Executive Director may refer such violation of liability by the transferee shall not release to the Office of State's Attorney or the Office of the the transferor from any outstanding monies United States Attorney, for such action as they may owed to the District at the time of the transfer deem appropriate. until said amounts are paid-in-full. This pro- vision neither abrogates any existing rights Section 8. Revocation of Discharge Authoriza- nor conveys any additional rights which the tion transferor or transferee may otherwise have In addition to the provisions for administrative and c appeal the District's assessment of legal proceedings contained in Article VI and Article charges or fees. VII of this Ordinance, whenever the Executive Direc- No Discharge Authorization for the commence- for determines that a person to whom a Discharge ment of a discharge at a new location shall be is- Authorization has been issued has failed to comply sued to any person if said person has failed to with a Cease and Desist Order issued pursuant to comply with an Order of the Board issued pursuant Article VI of this Ordinance, or whenever a person to this Ordinance; has failed to comply with a subs- has failed to comply with an Order of the Board is- tantive Order of the Court issued in litigation initiated sued pursuant to this Ordinance; has failed to comp- 24 ly with a substantive Order of the Court issued in APPENDIX E litigation initiated by the District, the Office of the to the State's Attorney or the United States Attorney, against such person for noncompliance with this Or- SEWAGE AND WASTE CONTROL dinance; has failed to promptly pay all civil penalties, ORDINANCE late filing fees or other costs assessed against such RULES GOVERNING CONFIDENTIALITY AND person in any action taken by the District; or has PUBLIC ACCESS TO INFORMATION failed to pay all User Charges owed to the District by such person, the Executive Director may order such Section 1. Confidentiality and Information person to show cause before the Board why the Available to the Public Discharge Authorization should not be revoked, ex- cept that actions subject a pending and properly to the reporting provisions of this Ordinance, with the filed appeal taken pursuant to the provisions set exception of data as described below, is considered forth this Ordinance, the Rules Governing the to be confidential business information and may not Proceedings, Assessment of Civil Penalties, and be released to the public without prior written ap- Control Ordinance of the Metropolitan Water Recla- Issuance Orders Under the Sewage and Waste proval of the person submitting such information. mation District of Greater Chicago, or the User Information and data provided to the District rela- Charge Ordinance, shall not be considered sufficient tive to Article V, Sections 3 and 4, Appendix C, and cause for the District to revoke such person's Dis- Appendix D of this Ordinance, which describe the charge Authorization until said appeal has been fi- concentration and/or mass loading of pollutants dis- nally resolved by the District. The show cause pro- charged, physical characteristics of discharge, gen- ceeding so ordered shall comply with the provisions eral description of the location and nature of the of Article VI, Section 3 and Appendix D, Section 5 of source of pollutants, and analyses of samples of this Ordinance. discharge, shall be available to the public in accor- Section 9. Continued Discharge in Absence of dance with 40 CFR 403.14. Cease and Desist Or- Current and Valid Discharge Authori- ders. Notices of Show Cause, and other notices of zation to be Considered a Violation enforcement action taken by the District pursuant to this Ordinance shall be available to the public upon Whenever a person to whom a notification of ap- written request to the Director of Monitoring and Re- plicability of this Appendix has been transmitted fails search. Information regarding enforcement actions to submit a DAR as required under this Appendix, or taken against persons in violation of this Ordinance whenever a person whose DA has been revoked is routinely provided to officials of municipalities in pursuant to an order of the Board of Commissioners, which the persons in violation are located or have or whose DA has expired, continues to cause or al- indicated they plan to relocate. low the discharge of process wastewater into a se- werage system under the jurisdiction of the District, made available to the USEind the TEPA and any the Executive Director shall, by Registered or Certi- other unit of government subject to the confidentany fled Mail ct by personal service t any employee of ty provisions found at 40 CFR 2.302 and 40 CFR iaii- the District, notify such person that continued dis- 403.14. charge in the absence of a valid DA may be consi- dered a knowing and willful violation of this Ordin- Section 2. Annual Publication of Significant ance, the applicable statutes of the state of Illinois Violators and applicable federal pretreatment regulations. In accordance with the public participation re- The Executive Director may refer such violation quirements of 40 CFR 403.8(f)(2)(viii), the District, at to the Office of State's Attorney in and for the county least annually, will publish the identity of each signif- in which the District is located, or the Office of the icant violator of this Ordinance, along with the nature United States Attorney, for such action as they may of such significant violation, in a newspaper of gen- deem appropriate. eral circulation that provides meaningful public no- tice within the jurisdiction of the District. Prior to publication, each such significant violator will be ad- vised in writing of the District's intent to publish the identity of the significant violator and will be granted an opportunity to provide comment to the District regarding the appropriateness of such publication. For purposes of publication, a person will be deemed in significant violation of this Ordinance if such person exhibits any of the following: 25 a. chronic violation of effluent discharge limits, de- APPENDIX F fined as 66 percent or more of all effluent dis- to the charge analyses for samples taken during a six month period exceeding the daily maximum SEWAGE AND WASTE CONTROL limit or the average limit for any pollutant; ORDINANCE b. acute violation of effluent discharge limits, de- ENFORCEMENT RESPONSE PROCEDURE fined as 33 percent or more of all effluent dis- charge analyses for samples exceeding the This appendix represents the Enforcement Re- sponse Procedure (ERP) of the Metropolitan Water Re- daily maximum limit or the average limit for any pollutant multiplied by the following technical Reclamation District of Greater Chicago (District) for review criteria(TRC): the enforcement of the terms and conditions of the District's Sewage and Waste Control Ordinance (Or- i. for biochemical oxygen demand, total dinance). suspended solids, and fats, oils, and greases, the TRC shall be 1.4; As recommended by the United States Environ- mental Protection Agency in "Pretreatment Com- ii. for all other pollutants except pH, the pliance Monitoring And Enforcement Guidance", TRC shall be 1.2. published July 25, 1986, the ERP has been devel- c. any violation of an effluent discharge standard oped to include a range of enforcement responses or prohibition which causes or contributes to available to the District to effectively enforce the pass-through or interference, the imminent terms and conditions of its Ordinance. The ERP threat of fire, explosion or other damage to the establishes a framework, the Response Option Ma- sewerage system, imminent endangerment to trix (ROM), in which the District will assess the de- human health or the environment or which re- gree of noncompliance by an Industrial User (IU) and in which the District may consider both mitigat- sults in the District exercising its emergency au- sultsy to halt such violation; ing and aggravating circumstances in determining thoritthe appropriate enforcement response. The ERP d. failure to submit a completed and certifiedre- also establishes minimum response levels for inci- port within 45 calendar days of a report due dents of noncompliance which are deemed critical in date; nature, including interference and pass-through. e. failure to meet, within 90 calendar days after TYPES OF ENFORCEMENT RESPONSES the schedule date, a compliance milestone date Industrial Users(IU) found in noncompliance with or final compliance date contained inti nom- any of the terms or conditions of the Ordinance are pliance schedule or Discharge Authorization; subject to enforcement action under the ERP. En- f. failure to provide access to the industrial user's forcement actions such as Notices of Noncom- premises to representatives of the District for pliance and Cease and Desist Orders are deter- the purposes of inspection and sampling; mined by the District's Executive Director and are g. failure to comply with the spill containment and administered through the office of the Director of notification requirements regarding spills, mal- Monitoring and Research (Director). Show Cause functions, bypasses, and slug loadings con- proceedings and legal actions are administered by tained in Article V, Sections 4 and 15 of this the District's Attorney upon recommendation from Ordinance; the Director. h. failure to report any instance of noncompliance Incidents of noncompliance with the Ordinance of which the person becomes aware by self- will be evaluated in accordance with the ROM as to monitoring, as required under Article V, Section the type of enforcement response necessary to at- 8 of this Ordinance; or fain prompt compliance with the Ordinance. i. noncompliance with any of the terms or condi- The following types of enforcement responses tions of the Ordinance, upon the determination are available to the District in response to incidents of the Executive Director. of noncompliance with its Ordinance. A. Notice of Noncompliance — Appendix B (NONB) A NONB is a written notification, sent via Certified Mail, Return Receipt Requested, which is directed to an authorized agent of an IU found to be in minor noncompliance (not in Significant Noncompliance as herein defined) with an applicable effluent discharge 26 standard of Appendix B (local limits) of the Ordin- ceed the 90 day period are recommended for Show ance. The NONB advises the IU of the nature of the Cause action. noncompliance, requires the IU to investigate the D. Cease and Desist Order — Reporting Re- incident and take measures to remediate the condi- quirements (C&DR) tion of noncompliance, and to execute, within ten days of receipt of the NONB, a Declaration of Cor- A C&DR is written notification, sent via Certified rective Action, indicating that compliance has been Mail, Return Receipt Requested, directed to an au- achieved. thorized agent of an IU which failed to submit a re- The Declaration of Corrective Action and state- port within 45 days of the report due date. The ment of compliance will be subject to verification by C&DR advises the IU of the nature of the noncom- li- District inspection and sampling within 90 days. pliance and requires the to comply with the Failure to achieve compliance will result in the is- cable reporting requirement within 30 days offhe the date of the C&DR. suance of a Cease and Desist Order. B. Notice of Noncompliance — Appendix C In the event of failure to comply with pretreatment (NONC) system malfunction, bypass or accidental spill notifi- cation requirements, the IU will be required to sub- A NONC is a written notification, sent via Certified mit, within 30 days of the date of the C&DR, a fully Mail, Return Receipt Requested, which is directed to implemented Spill Prevention, Control and Counter- an authorized agent of an IU found to be in minor measure Plan, including specific provisions for prop- noncompliance (not in Significant Noncompliance as er notification to the District of any pretreatment sys- herein defined) with an applicable effluent discharge tem malfunction, bypass or accidental spill incident. standard of Appendix C (categorical pretreatment Failure of an IU to supply any report or other in- standards) of the Ordinance. The NOW advises formation required by the District, as required under the IU of the nature of the noncompliance, requires a C&DR, will result in Show Cause action being rec- the IU to investigate the incident and take measures ommended. to remediate the condition of noncompliance, and to execute, within 45 days of receipt of the NONC, a E. Cease and Desist Order (C&D) Declaration of Corrective Action, indicating that A C&D is written notification, sent via Certified compliance has been achieved. The IU is also re- Mail, Return Receipt Requested, directed to an au- quired to conduct a minimum of three days of sam- thorized agent of an IU found to be in noncom- pling to verity that compliance has been achieved pliance with an applicable effluent discharge stan- and submit all supporting analytical data with the dard of the Ordinance or with any terms or condi- tions of the Ordinance, with the exception of report- The Declaration of Corrective Action and state- ing requirements. The C&D advises the IU of the ment of compliance will be subject to verification by nature of the noncompliance and requires the IU to District inspection and sampling within 90 days. attain compliance with the Ordinance within 90 days Failure to achieve compliance will result in the is- of the date of the Order and to submit to the District suance of a Cease and Desist Order. a report regarding its investigation into the incident C. Notice of Noncompliance — Baseline Moni- of noncompliance and a Compliance Schedule. The Loring Report Verification (NONBMR)lin Compliance Schedule must be certified by an autho- rized agent of the IU, notarized, and must contain A NONBMR is a written notification, sent via Cer- major milestone dates for implementation of remedi- tified Mail, Return Receipt Requested, which is di- ation measures as well as a compliance date. The rected to an authorized agent of an IU found to be in compliance date indicated in the Compliance Sche- noncompliance with an applicable effluent discharge dule cannot extend greater than 90 days beyond the standard of Appendix C (categorical pretreatment date of the C&D. standards) of the Ordinance, during the initial Base- The IU will be required to submit to the District, line Monitoring Report verification inspection and not more than 15 days after the compliance date sampling. The NONBMR advises the IU of the na- specified in the Compliance Schedule, a Final Com- ture of the noncompliance and requires the IU to pliance Report, certified by an authorized agent of achieve compliance within 90 days of the date of the the IU, and notarized, indicating that compliance has NONBMR. The IU is also advised that the District been achieved. will inspect and sample the IU within 90 days of the date of the NONBMR and that the IU will be recom- The IU's Final Compliance Report will be subject mended for Show Cause action if the IU is again to verification by District inspection and sampling found in noncompliance. These NONBMRs are not within 90 days of the District's receipt of the Final issued to those companies who exceed a return-to- Compliance Report. compliance period of 90 days. Companies who ex- 27 Failure to achieve compliance within 90 days purpose of having such activity or conduct stopped from the date of the C&D or failure to submit a prop- either by mandamus or injunction. erly executed Final Compliance Report, indicating that compliance has been achieved, will result in The District shall seek penalties in the amount of Show Cause action being recommended. not less than 1,000.00 nor more than 10,000.00 for each violation of the Ordinance, together with F. Show Cause Proceedings (SC) reasonable attorney's fees, court costs, and other When it has been determined that any person expenses of litigation. The District shall also seek has failed to comply with a Cease and Desist Order, recovery of all inspection, monitoring, and adminis- the Executive Director of the District may order an IU trative costs incurred after the issuance of a Cease who engages in activity or conduct prohibited by the and Desist Order relative to an IU found in violation Ordinance to Show Cause before the District's of the Ordinance. Board of Commissioners (Board), or its hearing of- H. Civil or Criminal Referrals (CR) ficer designee, why such prohibited activity or con If an IU engages in any activity or conduct in ap- parent violation of a statute of the state of Illinois or A Notice of Show Cause, directed to an autho- a federal regulation, the District may refer such mat- rized agent of the IU, is served personally or by Reg- ters to the Office of the State's Attorney, the Illinois istered or Certified Mail, specifying the time and Environmental Protection Agency, the United States place of a hearing to be by the Board, and di- Environmental Protection Agency or any other ap- recting the IU to Show Cause before the Board why propriate agency for investigation and civil and crim- an order should not be entered directing disconti- inal enforcement action. Any such referral will be nuance of such prohibited activity or conduct. made in addition to an appropriate enforcement ac- The Board may, itself, conduct the hearing and tion taken pursuant to this ERP and will not reduce take evidence, or may designate any of its members the District's responsibility to aggressively pursue or any officer or employee of the District or any other such enforcement action. person to issue, in the name of the Board, notices of The District will seek, through the appropriate hearings requesting attendance and testimony of agency, the maximum civil and criminal penalty as- witnesses and the production of evidence relevant to sessable under statute or regulation and will supply any matter involved in such hearing, to take evi- evidence and testimony as deemed necessary by dence, and to transmit a report of the evidence and the agency in the prosecution of any such matters. hearing, including transcripts and other evidence, I. Noncompliance Enforcement (NCE) together with recommendations to the Board for ac- Activities tion thereon. At any public hearing, testimony taken before the Board or any person designated by it The cost for administering the noncompliance en- must be under oath and recorded stenographically. forcement (NCE) activities of this Ordinance shall be The transcript so recorded will be made available to recovered from persons who are found in noncom- any member of the public or any party to the hearing pliance with this Ordinance. NCE activities include, upon payment of the usual charges therefor. but are not limited to the following: preparation of After the Board has reviewed the evidence, it Notices of Noncompliance, Cease and Desist Or- may issue a Board Order (BO) to the IU directing ders, Show Cause recommendations, legal action that within a specified time period, the prohibited recommendations, noncompliance referrals to the activity or conduct be discontinued unless adequate District's Law Department, enforcement action pretreatment facilities are properly installed and op- amendments, compliance date revisions, com- erated to ensure compliance, recommending penal- pliance meeting notifications, delinquent report noti- ties in the amount of not less than 100.00 nor more fications, late filing fee invoicing and acceptable than 10,000.00 for each violation of the Ordinance. compliance report notifications; preparing for and If a person violates the terms of a Board Order, the Participating in meetings and hearings; review and District will seek to recover, in a civil action, the fines processing of Compliance Schedules (RD-112), recommended by the Board of Commissioners for noncompliance follow-up sampling; laboratory anal- violations which are recited in the Board Order. ysis and review; and frequent or continuous sam- pling and analysis for extended significant noncom- G. Court Proceedings (CT) pliance. Where the cost for any NCE activity is re- Any activity or conduct of an IU which is in viola- covered through assessment of late filing fees tion of or prohibited by the Ordinance, or failure of against the person pursuant to Article V, Section 10 an IU to comply with an Order of the Board, shall be of this Ordinance or through a civil action taken by considered a nuisance. The District may commence the District against a person pursuant to Article VII, an action or proceeding in the Circuit Court for the Section 3 of this Ordinance, such cost shall be se- gregated from the NCE cost to be recovered. The 28 r NCE cost shall be recovered through charges based nificant noncompliance, verification inspection and on enforcement and monitoring activities, as set sampling will be performed within 60 days of the IU's forth below. compliance date. For nonsignificant instances of noncompliance, certification inspection and sampling Noncompliance Enforcement (NCE) Charges will be performed within 90 days of the IU's final Effective January 1, 2011 compliance date. Sample collection and analysis shall be performed in accordance with 40 CFR 136. Enforcement Level Sampling Administrative All District inspection and sampling reports will be Charge Cost reviewed within 45 days of the receipt of said District inspection or sampling report and complete analyti- Notice of Noncompliance 712 843 cal data by the Industrial Waste Division, Enforce- ment Section. Enforcement action will be initiated Cease & Desist Order 1,643 843 within 60-days of receipt of the complete report, if (Single-sample SNC) required. Cease & Desist Order 4,158 843 C. Enforcement Actions by Director (Chronic/Acute SNC) All enforcement response actions taken by the Director (NONB, NONC, NONBMR, C&DR, C&D) Recurring Cease &Desist 4,158 843 shall be initiated within the time periods indicated in Order(Per each C&D Order) Paragraphs A and B above. Show Cause or Legal Action To be addressed in D. Enforcement Actions by Attorney resolution of the en- All enforcement responses which require action forcement action by the Attorney (SC, CT, CR) will be recommended to the Attomey by the Director within the time pe- The NCE charges, where applicable, will be as- riods indicated in Paragraphs A and B above. The sessed by invoice issued to the person found in Attorney will take action on all recommendations noncompliance. If the person disputes the NCE from the Director within 30 days of receipt of said charges, the person must notify the Director of Moni- recommendation. toring and Research, in writing, of such dispute with- in 30 days of receipt of the NCE invoice, together with the reasons why the person disputes the SIGNIFICANT NONCOMPLIANCE charges. All disputes regarding NCE charges will be For the purpose of determining an appropriate handled in accordance with Article V, Section 10 of enforcement response, incidents of noncompliance this Ordinance. will be deemed Significant Noncompliance in accor- dance with the following evaluations: COMPLIANCE SCREENING/REVIEW A. Effluent Discharge Standards All IU self-reports and reports generated by Dis- An IU exhibiting chronic (occurring repeatedly as trict inspection and sampling of IUs will be reviewed evidenced by District and/or self-reported sampling by the Industrial Waste Division, Enforcement Sec- analysis) incidents of noncompliance will be deemed tion for incidents of noncompliance with applicable in Significant Noncompliance if 50 percent or more standards. Reports will be reviewed and enforce- of all effluent discharge analyses for samples taken ment actions will be taken in response to any inci- during a six month period exceed the daily maximum dents of noncompliance in accordance with the fol- limit or the average limit for the same parameter. lowing schedule. An IU exhibiting acute (occurcing occasionally or A. IU Self-reports intermittently as evidenced by District and/or self- All IU self-reports will be reviewed within 45 days reported sampling analysis) incidents of noncom- of receipt of said self-report. Enforcement action will pliance will be deemed in Significant Noncompliance be initiated within 60 days of receipt of the report, if if 33 percent or more of all available effluent dis- required. charge analyses for samples taken during a six month period equal or exceed the product of the dai- B. District Inspection and Sampling Reports ly maximum limit or the average limit multiplied by In conformance with 40 CFR 403.8(f)(2), the Dis- the following Technical Review Criteria(TRC). trict will inspect and sample each SIU at least an- 1. For biochemical oxygen demand, total sus- nually. The District will inspect and sample each IU pended solids, and fats, oils, and greases ex- found in noncompliance to verify the IU's claims that compliance has been attained. For instances of sig- 29 cursions of Appendix 13 (local limits) the TRC TEST OF GOOD FAITH EFFORT will be 1.4. When determining an appropriate enforcement 2. For all other pollutants (heavy metals, cya- response to an incident of noncompliance, the Dis- nide, phenols, toxic organic compounds or trict will consider the apparent attitude of the IU to- fats, oils, and greases utilized as a surrogate ward the effort required to achieve and maintain parameter),the TRC will be 1.2. compliance with the Ordinance. If an IU appears to 3. For pH, the TRC will be less than 3.5 pH be acting in good faith to comply with the Ordinance, units or greater than 11.5 pH units. the District may choose an enforcement action on a more conciliatory level than if an IU does not appear An IU may also be deemed in Significant Non- to be acting in good faith to comply with the Ordin- compliance if any single effluent discharge analysis ance. For the purpose of establishing a good faith exceeds the product of the maximum daily limit mul- effort on the part of an IU, the District will measure tiplied by 5.0 or if pH falls below 3.0 or above 12.0. the ]U's effort against the following standard, as An IU discharging an effluent in noncompliance stated in Legislative History of the Clean Water Act, with any applicable effluent discharge limit will be No. 95-14, Vol. 3, p.463: "The Act requires industry to take extraordinary efforts if the vital and ambitious deemed in Significant Noncompliance whenever the Director determines that the IU, either alone or in goals of the Congress are to he met. This means combination with any other IU, has caused or contri- that business-as-usual is not enough. Prompt, vi- buted to any incident of pass-through or interfe- gorous, and in many cases, expensive pollution con- rence. An IU contributing to the threat of fire, explo- trol measures must be initiated and completed as sion or other damage to the sewerage system, or promptly as possible. In assessing the good faith of causing a hazard to life or the environment, or con- a discharger, the discharger is to be judged against these to any other incident in response to which these criteria. Moreover, it is an established prin- the District must exercise its emergency authority to ciple, which applies to this act, that administrative halt such activity shall also be deemed in Significant and judicial reviews are sought on the discharger's own time." Noncompliance. B. Reporting Requirements An IU in noncompliance with any applicable re- porting requirement, more than 45 days after the report due date, will be deemed in Significant Non- compliance. C. Compliance Schedule An IU subject to a compliance schedule executed in response to any enforcement action taken by the District, or to a compliance schedule executed pur- suant to any applicable categorical pretreatment standard, which fails to meet, within 90 days after the schedule date, a compliance milestone or final compliance date contained in its compliance sche- dule, will be deemed in Significant Noncompliance. D. Failure to Report Noncompliance An IU who, through self-monitoring or other means, becomes aware of an incident of noncom- pliance, and who fails to report such incident of non- compliance with the terms and conditions of the Or- dinance, will be deemed in Significant Noncom- pliance. E. Other Conditions An IU who is in noncompliance with any of the terms and conditions of the Ordinance, upon the determination of the Executive Director, shall be deemed in Significant Noncompliance. 30 RESPONSE OPTION MATRIX A. IU Reporting and Self-monitoring Noncompliance Circumstances Response Failure to submit Facility Classification Initial occurrence C&DR Questionnaire(FCQ) Failure to submit FCQ Repeated occurrence; C&DR or SC' failure to comply with C&DR Failure to submit initial Baseline Monitoring Initial occurrence C&DR Report(BMR) or Discharge Authorization Request (DAR), or to submit amended BMR or DAR upon significant change in operation Failure to submit initial BMR or DAR or to Repeated occurrence SC or CT submit amended BMR or DAR upon significant change in operation Failure to conduct self-monitoring Isolated occurrence C&DR and to submit periodic reports Failure to conduct self-monitoring Repeated occurrence; SC or CT and to submit periodic reports failure to comply with C&DR Minor deficiencies in periodic reports Isolated occurrence C&DR Minor deficiencies in periodic reports Repeated occurrence; C&DR or SC failure to comply with C&DR Major deficiencies in periodic reports, late reports Isolated occurrence C&DR Major deficiencies in periodic reports, late reports Repeated occurrence; SC or CT failure to comply with C&DR Failure to report effluent limit violation, Isolated occurrence; no C&DR pretreatment system malfunction, interference of pass-through bypass or slug discharge (spill) Failure to report effluent limit violation, Repeated occurrence; C&DR or SC pretreatment system malfunction, failure to comply with C&DR; bypass or slug discharge(spill) no interference or pass-through Failure to report effluent limit violation, Isolated occurrence; C&DR or CT pretreatment system malfunction, interference or pass-through or CR bypass or slug discharge (spill) Failure to report effluent limit violation, Repeated occurrence; SC or CT or CR pretreatment system malfunction, interference or pass-through bypass or slug discharge (spill) Failure to report effluent limit violation, Any incident with known CT or CR pretreatment system malfunction, POTW or environmental bypass or slug discharge (spill) Damage Failure to report new or increased Isolated occurrence C&DR pollutant loading or change in flow Failure to report new or increased Repeated occurrence C&DR or SC pollutant loading or change in flow 31 Noncompliance Circumstances Response Failure to submit schedule of Isolated occurrence C&DR batch or infrequent discharges Failure to submit schedule of Repeated occurrence; C&DR or SC batch or infrequent discharges failure to comply With C&DR Failure to report batch or infrequent discharge Isolated occurrence C&DR Failure to report batch or infrequent discharge Repeated occurrence C&DR or SC or CT Willful submission of false information Any incident CR B. Compliance Schedules Noncompliance Circumstances Response Willful submission of false information Any incident CR Missed interim date No impact on final date For C&D C&D For SC SC For CT CT Missed interim date Delay of final date less than 90 days, good cause For C&D C&D For SC SC For CT CT Missed interim date Delay of final date greater than 90 days, good cause For C&D SC For SC SC For CT CT Missed interim date Delay of final date, Lacking good cause For C&D SC or CT For SC SC or CT For CT CT Missed final date Good cause, non-SNC For C&D C&Dor SC For SC SC or CT For CT CT Missed final date Good cause, SNC For C&D SC For SC CT For CT CT Missed final date No good cause For C&D SC or CT For SC CT For CT CT 32 C. Effluent Limits Noncompliance Circumstances Response Non-SNC, local limits Isolated occurrence NONB Non-SNC, categorical pretreatment limits Isolated occurrence except NONC BMR verification sampling Non-SNC Repeated occurrence C&D or SC Categorical pretreatment standards BMR verification sampling NONBMR Categorical pretreatment standards NONBMR compliance C&D Sampling SNC Isolated occurrence C&D or SC SNC Repeated occurrence; C&D or failure to comply with C&D SC or CT Any limit Isolated occurrence; C&D or CT interference or pass-through Any limit Repeated occurrence; SC or CT interference or pass-through Any limit Any incident with known CT or CR POTW or environmental Damage Slug load (spill) Isolated occurrence; no C&D or SC interference or pass-through or CT or CR Slug load(spill) Repeated occurrence; no C&D or SC interference or pass-through or CT or CR Slug load (spill) Isolated occurrence; C&D or interference or pass-through CT or CR Slug load (spill) Repeated occurrence; SC or CT or CR interference or pass-through Slug load (spill) Any incident with known CT or CR POTW or environmental Damage Any discharge from regulated Any incident C&D or CT categorical IU without approved BMR Any discharge from IU in violation of BO Any incident SC or CT 33 D. Dilution Noncompliance Circumstances Response Dilution of an effluent to achieve compliance Isolated occurrence C&D with an effluent limitation Dilution of an effluent to achieve compliance Repeated occurrence; C&D or SC with an effluent limitation failure to comply with C&D E. Entry and Access to Sampling Facilities Noncompliance Circumstances Response Failure to allow entry for inspection Isolated occurrence C&D Failure to allow entry for inspection Repeated occurrence; C&D or SC failure to comply with C&D Failure to allow access for effluent sampling Isolated occurrence C&D Failure to allow access for effluent sampling Repeated occurrence; SC failure to comply with C&D F. Other Requirements Noncompliance Circumstances Response Failure to comply with any requirement Isolated occurrence, C&D of Ordinance or Order of ED no impact on POTW Failure to comply with any requirement Repeated occurrence, C&D or SC of Ordinance or Order of ED no impact on POTW; failure to comply with C&D Failure to comply with any requirement Any incident, interference C&D or CT of Ordinance or Order of ED or pass-through or CR Failure to comply with any requirement Any incident with known CT or CR of Ordinance or Order of ED POTW or environmental Damage Failure to comply with any BO Any incident of SNC SC or CT G. Civil and Criminal Referral Considerations Noncompliance Circumstances Response Failure to comply with an applicable statute Any incident CR of state of Illinois or federal regulation, any incident with evidence of willful intent `Whenever optional responses are stated, the office of the Director of Monitoring and Research wIl select the option based on the nature and severity of the incidents(s)and surrounding circumstances. 34 APPENDIX G to the SEWAGE AND WASTE CONTROL ORDINANCE PROVISIONS APPLICABLE TO NATIONAL IN- DUSTRY SECTOR INITIATIVES AND XL PROJECT This Appendix deleted effective November 4, 2004. 35