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