100.12 PRETREATMENT.

1.   A user discharging, or with potential to discharge, any waste into the POTW as set forth in Sections 100.08, 100.09, or 100.10 shall be required by the WRA Director to construct, install and operate, at the user's sole expense, such pretreatment facilities as may be required in order to:

   A.   Reduce the objectionable characteristics or constituents to within the maximum limits provided for in Sections 100.08, 100.09, 100.10 and 100.11;

   B.   Control the quantities and rates of discharge of such wastewater;

   C.   Reduce the pollutants to such concentration and flows as may be contained in the user’s wastewater discharge permit;

   D.   Prevent the discharge of liquid waste containing FOG, sand in excessive amounts, any flammable waste, or other harmful pollutants. All traps or similar devices shall be of a type and capacity needed to perform effectively and shall be readily and easily accessible for cleaning and inspection. All traps or devices shall be provided and maintained in efficient operating condition at all times. Materials removed from traps shall be considered unacceptable for disposal at the WRF unless specifically approved by the WRA Director.

2.   All plans, specifications, technical operating data and other information pertinent to the proposed operation and maintenance of pretreatment facilities shall be reviewed and approved by the WRA Director prior to construction. Design and installation of such facilities shall be subject to the requirements of all applicable codes, ordinances and laws, including local zoning regulations. The review and approval of such plans and operating procedures shall, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the WRA Director under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operations shall be reported to and be acceptable to the WRA Director prior to the user's initiations of the changes.

3.   Users shall continuously maintain all pretreatment facilities required by this chapter in satisfactory and effective operating condition at the sole expense of such user.

4.   No provision contained in this chapter shall be construed to prevent or prohibit a separate or special agreement between the WRA and any user whereby wastewater containing waste of unusual strength, character or composition may be accepted for treatment, subject to additional payment by such user; provided, however, that such agreement shall have the prior approval of the WRA Board, shall not conflict with IDNR and U.S. EPA requirements, and shall be consistent with Sections 100.09(2), 100.10, 100.11 and 100.12(6) of this chapter.

5.   The WRA Director may reject any waste which, in the opinion of the Director, may cause interference or pass through.

6.   Users shall obtain the specific approval of the WRA Director prior to discharging any waste resulting from a pretreatment facility to the POTW. The Director may develop a documentation system to track the transportation and final disposition of any pretreatment waste. Pretreatment waste regulated by this section shall include waste generated as a result of pretreatment processes used to comply with NPDES permits, air pollution permits, wastewater discharge permits, soil/groundwater reclamation processes, and pollutants resulting from a spill of any liquid or solid material or the cleanup of any such spill. Pretreatment waste is prohibited from disposal to the water of the State except as specifically permitted by IDNR.

100.13 DILUTION PROHIBITED.

Users shall not increase the use of process water or attempt, in any way, to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the NCPS, or with any other pollutant-specific limitation developed by the WRA or its operating contractor.

100.14 SPILL CONTAINMENT.

1.   Users having the ability to cause interference or pass through or to discharge a slug shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be constructed, installed, operated and maintained at the user’s sole cost and expense.

2.   Users meeting the criteria in subsection 1 thereof shall develop a Spill Containment Plan (SCP). The plan shall require the approval of the WRA Director and shall contain the following:

   A.   A description of discharge practices, including non-routine batch discharges.

   B.   A description of stored chemicals.

   C.   Procedures for immediately notifying the WRA of slug discharges, including any that would violate the discharge prohibitions in Section 100.08 of this chapter. Notification procedures shall comply with subsections 3 and 4 of this section.

   D.   A description of procedures and structures necessary to prevent adverse POTW 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.

   E.   A schedule for the completion or implementation of necessary procedures and structures. Complete implementation and installation of any procedures or structures shall be according to the shortest possible schedule but in no case longer than one year. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify and operate its facility as necessary to meet the requirements of this chapter.

3.   Users shall immediately telephone and notify the WRA in the case of an accidental or deliberate discharge of pollutants which violates Section 100.08 of this chapter or is a slug load. Any discharge into the POTW of a substance which is a listed or characteristic waste under Section 3001 of RCRA must be immediately reported to the U.S. EPA Regional Director, IDNR, and the WRA. Notifications required in this section shall include the name of caller, location and time of discharge, pollutant concentration, volume and the corrective actions taken.

4.   Users shall submit a written report to the WRA Director within five (5) days following such an accidental or deliberate discharge describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Users shall submit follow up reports as may be required by the Director. Such report, or reports, shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, 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 City, result in the revocation of the discharger's wastewater discharge permit.

5.   Users shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of pretreatment is provided. This requirement applies in the situation where, among other things, the primary source of power to the user’s pretreatment facility is reduced, lost or fails.

6.   Users required to have a SCP must permanently post a notice in English and the language of common use on the user’s bulletin board or other prominent place advising employees whom to call should a prohibited discharge occur. Users shall insure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.

100.15 TREATMENT UPSETS.

Users shall inform the WRA Director within one hour of becoming aware of an upset in operations that places it in a temporary state of noncompliance with the pollutant limits in this chapter. Users shall provide a follow-up written report to the Director within five (5) days. The report must demonstrate that the pretreatment facility was being operated in a prudent and appropriate manner and shall contain:

1.   A description of the upset, its cause(s), and impact on the user's compliance status.

2.   The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.

3.   All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.

100.16 TREATMENT BYPASS.

1.   Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury, or severe property damage or no feasible alternatives exist such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment down time.

2.   The user may allow a bypass to occur which does not cause a violation of pretreatment standards, but only if it is for essential maintenance to assure efficient operation.

3.   Notification of Bypass:

   A.   Anticipated Bypass. If the user knows in advance of the need for a bypass, it shall submit prior written notice, at least ten (10) days before the date of the bypass, to the WRA Director.

   B.   Unanticipated Bypass. The user shall immediately notify the Director and submit a written report to the WRA within five (5) days. This report shall specify:

      (1)   A description of the bypass, its cause and the duration;

      (2)   Whether the bypass has been corrected;

      (3)   The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.

Proper notification shall not relieve the user of liability for treatment costs and fees or other remedies as provided for in Section 100.12.

100.17 FEES.

To provide for the recovery of costs from users of the POTW and for the implementation of the pretreatment program established by this chapter, the following fees shall be applicable to discharges by all users:

1.   All users shall be subject to the following fees and charges:

   A.   The one-time wastewater discharge permit application fee shall be $200.00 for a Class A permit, and $100.00 for a Class B permit.

   B.   The annual fee for a Class A wastewater discharge permit, including annual inspection of permitted users, shall be $1,500.00.

   C.   The annual fee for a Class B wastewater discharge permit, including annual inspection of permitted users if completed or applicable, shall be $750.00.

   D.   The fee paid by each industrial user when an accidental discharge or slug load occurs shall be the total costs incurred by the WRA as a result of said discharge or load. Said fee may be charged by the WRA separately from and in addition to a civil penalty of up to $1,000.00 charged to the user under Section 101.39 of this Article related to said discharge or load.

   E.   The trip charge for sampling or inspecting a user's discharge is $50.00 per event. An equipment fee of $50.00 per event shall also apply when using a WRA-owned automatic sampler. When a sampling or inspection event must be rescheduled due to failure of the user's sampling equipment, a sampler seal (used to detect sample tampering) being broken, monitoring facilities not being readily accessible or operational, or any other reason beyond the control of the WRA, a trip charge of $50.00 shall be assessed.

   F.   Laboratory analysis fees for those analyses performed by the WRA shall be:

LABORATORY ANALYSIS FEES
Test	Cost/Sample
BOD	$20.00
COD	$20.00
TOC	$20.00
TSS	$10.00
pH	$5.00
FOG, Total	$35.00
FOG, Mineral/Non-mineral	$35.00
Nitrogen, Ammonia	$15.00
Nitrogen, Nitrate	$15.00
TKN	$30.00
Phosphorous, Total	$25.00
Potassium	$12.00
Calcium Carbonate Equivalent	$15.00
Soil Analysis – each pollutant	$20.00
Phenols	$28.00
Cyanide	$30.00
Metals:
Arsenic	$20.00
Selenium	$20.00
Mercury	$25.00
Other metals (per parameter)	$15.00
BETX (OA-1)	$40.00
VPH (OA-1)	$40.00
BETX and VPH (OA-1)	$45.00
U.S. EPA Tests:
608 Organochlorine Pesticides and PCBS	$70.00
624 Volatile Organic Compounds	$140.00
625 Base/Neutral Organic Compounds and/or Acid/Organic Compounds	$290.00

   G.   Fees for analysis performed by laboratories other than the WRA laboratory shall be the full cost of each analysis.

   H.   Fees for rescheduling a scheduled inspection with WRA personnel, with less than 24 hours' notice or if appropriate facility managers are unavailable at the scheduled time of inspection, shall be $100.00 per rescheduled inspection.

   I.   Fees for copying and mailing documents shall be $1.00 for the initial page and $0.25 for each additional page plus postage. No charges shall be assessed for requests for copies received from individuals or agencies served by the WRA provided the number of pages requested does not exceed ten.

   J.   Fees for past due reminders sent each thirty (30) days that a balance remains unpaid shall be $5.00.

   K.   Prohibitive waste charges for each pollutant discharged in excess of permit or ordinance limits shall be $50.00 per violation for Class B permit holders and $100.00 per violation for Class A permit holders. Charges shall double if discharges exceed slug threshold values. Payment of fees does not preclude other enforcement action and may not be paid in lieu of compliance with discharge limitations.

   L.   At the WRA's discretion, administrative cost recovery fees may be assessed separately to a user or added to a user's disposal fee for actions or occurrences subject to Chapter 102 of this Code which result in the need for additional labor, equipment, and/or materials from the WRA or its contractors, including but not limited to cleanup of spills, infrastructure maintenance, improper scale transactions, improper disposal, and waste source verification. Fees shall be assessed based on the actual costs incurred by the WRA, or on the estimated costs incurred by the WRA rounded down to the nearest multiple of twenty based on actual rates for labor, materials, and equipment with a minimum fee of not less than $20.00. Fees under this Section L will be charged in addition to charges, fines, fees, or other costs associated with rejected, unapproved, or atypical wastes under Sections 102.09 and 102.11of this chapter.

2.   All users contributing wastewater in excess of the concentrations hereafter listed shall be assessed a surcharge, which shall be in addition to the rates and charges ordinarily billed to such users for sewer use. Commencing October 1, 2022, until June 30, 2025, surcharges shall be assessed in accordance with the following rate schedule:

 

	Surcharge per Pound of Pollutant for the Period:
Pollutant	10/1/2022 - 6/30/2023	7/1/2023 - 6/30/2024	7/1/2024 - 6/30/2025
Total suspended solids in excess of 250 mg/l	$0.18	$0.20	$0.22
BOD or CBOD in excess of 200 mg/l	0.14	0.17	0.21
TKN in excess of 30 mg/l	0.55	0.49	0.42
Oil and grease in excess of 100 mg/l	0.08	0.10	0.11

 

Commencing on July 1, 2025, surcharge rates listed in the above table shall be annually adjusted as of July 1 of each year to increase two percent per annum rounded to the nearest whole cent.

Chemical Oxygen Demand (COD) in excess of 300 mg/l may be used at the discretion of the WRA Director in lieu of BOD. In such case the excess COD concentration shall be multiplied by the known CBOD/COD ratio or by a ratio of two-thirds (2/3) to establish an equivalent CBOD concentration.

Ammonia Nitrogen (NH 3 -N) in excess of 15 mg/l may be used at the discretion of the WRA Director in lieu of TKN by multiplying the excess NH 3 -N concentration times two (2) to establish an equivalent TKN concentration.

(Ord. 2118 - Sep. 22 Supp.)

3.   The establishment and imposition of new or different fees or charges, in addition to or in substitution for those provided above in this section, shall be by ordinance amending this chapter. The amounts of the fees and charges established in this section shall be and remain in effect until such time as the WRA Board shall by resolution revise said fee amounts. Said revised fees and charges shall take effect after the Board causes said resolution to be sent to the Council and thereafter causes same to be published in a newspaper of general circulation in each county in which participating communities are located.

100.18 CLASSES OF DISCHARGE PERMIT.

Discharge permit classifications shall be as follows:

1.   Class A Permit – Issued to users discharging 25,000 gallons per day or more of process wastewater (excludes sanitary, non-contact cooling, and boiler blowdown).

2.   Class B Permit – Issued to users discharging less than 25,000 gpd of process wastewater.