1040.23 WASTEWATER DISCHARGE PERMITS.
   All existing significant industrial users and industrial/commercial users, as required by the Village, proposing to connect to or to contribute to the POTW, shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.
   (a)   Permit Application. Users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application on a form prescribed by the Board and accompanied by a fee as shall be established by the Board. Existing significant industrial users shall apply for a wastewater discharge permit with thirty days after the effective date of this chapter, and proposed new sources shall apply at least ninety days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   The user's name, address and location (if different from the address);
      (2)   The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
      (3)   Wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter as determined by reliable bona fide chemical and biological analysis. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
      (4)   The time and duration of discharges;
      (5)   Average daily and instantaneous peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
      (6)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
      (7)   A description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged to the POTW;
      (8)   The nature and concentration of any pollutants in the discharge which are limited by any local, State or Federal pretreatment standards or requirements, and a statement regarding whether or not the pretreatment standards or requirements are being met on a consistent basis and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards or requirements;
      (9)   If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or the implementation of additional O & M activities. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
         A.   The schedule shall contain reasonably prompt 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 pretreatment standards (e.g., hiring an engineer or other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter).
         B.   No later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increments of progress to be met on such date and, if not, the date on which it expects to comply with the increments of progress, the reason for the delay and the steps being taken by the user to return the construction to the schedule established.
         C.   Under no circumstances shall the Board permit a time increment for any single step directed toward compliance which exceeds nine months.
      (10)   Each product produced by type, amount, process or processes and the rate of production;
      (11)   The type and amount of raw materials processed (average and maximum per day);
      (12)   The number and type of employees, the hours of operation of the plant and the proposed or actual hours of operation of the pretreatment system; and
      (13)   Any other information as may be deemed by the Village to be necessary to evaluate the permit application.
   All permits/applications shall be signed by the principal executive officer of the user. The Superintendent will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, a wastewater discharge permit subject to the terms and conditions provided herein may be issued.
   (b)   Permit Modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater discharge permit as required by subsection (a) hereof, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by paragraphs (a)(8) and (9) hereof.
   (c)   Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Code and all other applicable regulations, user charges and fees and compliance schedules established by the Village. Permits may contain the following:
      (1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW;
      (2)   Limits on the average and maximum wastewater constituents and characteristics;
      (3)   Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization;
      (4)   Requirements for installation and maintenance of inspection and sampling facilities;
      (5)   Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;
      (6)   Compliance schedules and periodic compliance reports;
      (7)   Requirements for submission of technical reports or discharge reports (see Section 1040.24);
      (8)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the POTW, and affording POTW access thereto;
      (9)   Requirements for notification of the POTW of any new introduction of wastewater constituents being introduced into the wastewater treatment system;
      (10)   Requirements for notification of slug discharges, accidental discharges and operations upsets as per Sections 1040.19 and 1040.28; and
      (11)   Other conditions as deemed appropriate by the Village to ensure compliance with this chapter.
   (d)   Net/Gross Calculation of Limits. The Superintendent may adjust the categorical pretreatment standards to reflect the presence of pollutants in the industrial user's intake water in accordance with this subsection.
      (1)   Application. Any industrial user wishing to obtain credit for intake pollutants must make application to the Superintendent. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraphs (d)(2) and (3) hereof are met.
      (2)   Criteria. The industrial user must demonstrate that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.
      (3)   Credit. Credit for generic pollutants, such as BOD, total suspended solids (TSS) and oil and grease, should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.
   (e)   Duration of Permit. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements, as identified in paragraph (c)(2) hereof, are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of such change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   (f)   Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new source, different premises or a new or changed operation without the approval of the POTW. Any succeeding owner or user shall also comply with the terms and conditions of all existing permits.
   (g)   Permit Fees and Charges. Each user required to obtain a wastewater discharge permit shall reimburse the POTW, upon demand, the reasonable and necessary cost of monitoring, inspection, surveillance and review of accidental discharges. Such expenses shall be charged to the user at 1.4 times the lowest hourly rate of the person qualified to perform the service and shall include necessary equipment expense and actual cost of outside testing and consulting services.
(Ord. 97-4. Passed 9-8-97.)