HomeMy WebLinkAboutRESOLUTION - 35-19 - 6/18/2019 -Bensenville waste water agreementRESOLUTION NO.35-19
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
BENSENVILLE AND THE VILLAGE OF ELK GROVE VILLAGE TO ESTABLISH
GUIDELINES FOR WASTEWATER TREATMENT AND WASTEWATER
PRETREATMENT
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached document marked:
AGREEMENT BETWEEN
VILLAGE OF BENSENVILLE, ILLINOIS AND ELK GROVE VILLAGE, ILLINOIS
TO ESTABLISH GUIDELINES FOR WASTEWATER TREATMENT AND
WASTEWATER PRETREATMENT
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 document 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 18t' day of June 2019.
APPROVED this 18' day of June 2019.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
AGREEMENT BETWEEN
VILLAGE OF BENSENVILLE, ILLINOIS AND ELK GROVE VILLAGE, ILLINOIS
TO ESTABLISH GUIDELINES FOR WASTEWATER TREATMENT AND
WASTEWATER PRETREATMENT
This Agreement is entered into this JIM day of :'�y� , 2019, between the
Village of Bensenville, Illinois ("Bensenville") and the Elk Grove Village, Illinois ("Elk
Grove").
RECITALS
1. WHEREAS, Bensenville owns and operates a wastewater treatment system; and
2. WHEREAS, Elk Grove currently utilizes this wastewater treatment system for a
portion of its Village referred to as Service Area EGV. See map Exhibit A; and
3. WHEREAS facilities located in the Elk Grove Service Area EGV currently
contribute wastewater, which includes industrial (non-residential) waste. These
facilities are hereinafter referred to as industrial users; and
4. WHEREAS Bensenville must implement and enforce a pretreatment program to
control discharges from all industrial users of its wastewater treatment
requirements set out in 40 CFR Part 403 (General Pretreatment Regulations for
Existing and New Sources of Pollution) and 35 IAC Part 310 (Pretreatment
Programs). Bensenville has operated a USEPA approved pretreatment program
since November 19, 1985 for all users of its defined service area that includes Elk
Grove Service Area EGV; and
5. WHEREAS, Bensenville and Elk Grove have been parties to Joint Wastewater
Service Agreements dated June 27, 1984 and August 10, 1999; and are now
required by USEPA to update this agreement as it pertains to pretreatment
requirements; and
6. WHEREAS, Elk Grove hereby adopts the Bensenville Sewer Use and
Pretreatment Ordinance (SUPO) that subjects the industrial users within its service
area boundaries to the necessary pretreatment controls, and Bensenville is
authorized to implement and enforce that SUPO within Service Area EGV.
AGREEMENT
A. Elk Grove hereby adopts the Bensenville SUPO and amendments as required by
USEPA. This agreement authorizes Bensenville to enforce Bensenville's SUPO
against users in Service Area EGV. Bensenville shall have the power and authority
to do within the Service Area EGV whatever Bensenville is empowered to do within
Village of Bensenville & Pretreatment Intergovernmental Agreement Page 1
Elk Grove Village Amendment Date
the Village limits of Bensenville pursuant to SUPO and Enforcement Response
Plan (ERP).
B. Whenever Bensenville revises its SUPO, it will forward a copy of the revisions to
Elk Grove through the Director of Public Works.
C. Bensenville shall routinely review and adopt pollutant specific local limits as
required by USEPA. After review and approval by USEPA, followed by public
notice as required, Bensenville shall adopt such revisions or additions as needed
and said local limits will be applied to industrial users located in Bensenville and in
Service Area EGV.
D. Bensenville shall perform technical and administrative duties necessary to
implement and enforce its SUPO consistent with its program approved by USEPA
within Bensenville and Service Area X and shall share any information or records
with Elk Grove Village when requested. At minimum, Bensenville shall:
(1) Annually update the industrial waste survey;
(2) Require submittal of information and reports,
(3) Review and sign -off on any IEPA permits completed by industrial users in
Service Area EGV;
(4) Issue or deny, discharge or zero discharge permits (as appropriate) to all
industrial users required to obtain a permit;
(4) Conduct inspections, sampling, and analysis;
(5) Take all appropriate enforcement actions as outlined in its EPA approved
ERP; and
(6) Perform any other technical or administrative duties as required by its
wastewater and bio-solids permits.
E. In addition, Bensenville may take emergency action to stop or prevent any
discharge within Bensenville and Service Area EGV and shall share any
information or records with Elk Grove Village when requested, which presents or
may present an imminent danger to the health or welfare of humans, which
reasonably appears to threaten the environment, or which threatens to cause
interference, pass through, or sludge contamination.
F Elk Grove shall continue to provide water use records to the Village of Bensenville
on bi-monthly or monthly frequency depending on the current billing frequency in
use by Elk Grove Village. If Elk Grove Village inspects or otherwise enforces
pretreatment regulations against any industrial users in Service Area EGV, it shall
convey such information and reports to Bensenville.
G. Bensenville agrees to hold the sewer rates for Elk Grove Village users located
within Service Area EGV at 150% of water/sewer rates. This fee structure is
consistent with past practice.
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Elk Grove Village Amendment Date
H. Pursuant to section 8-6-12 of the Bensenville SUPO, Elk Grove Village Director of
Public Works will be notified in advance of any publications made by the
Pretreatment Coordinator of users in Service Area EGV who were in Significant
Noncompliance with Applicable Pretreatment Standards and Requirements.
Pursuant to section 8-6-13 of the Bensenville SUPO, Elk Grove Village Director of
Public Works will be notified of any violations issued to users located within Service
Area X, at the time the user is notified.
J. If a search warrant, arrest or other regulatory action is taken against an Elk Grove
Village user located within Service Area EGV, Bensenville agrees to notify the Elk
Grove Village Director of Public Works in advance and allow coordination with Elk
Grove Village law enforcement staff.
K. If any term of this Agreement is held to be invalid in any judicial action, the
remaining terms will be unaffected.
IN WITNESS THEREOF, the parties set forth their hand and seal this day of
,2019.
VILLAGE OF BENSENVILLE VILLAGE OF ELK GROVE VILLAGE
0
Village President Frank DeSimone
r-1,111*136
-2
Mayor Craig B. Johnson
ATTEST:
Nancy Quinn, Village Clerk Loretta M. Murphy, Village Clerk
Village of Bensenville & Pretreatment Intergovernmental Agreement Page 3
Elk Grove Village Amendment Date
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