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It shall be unlawful for any industrial user to discharge wastewater to the village without a permit, or contrary to the conditions of a permit, issued by the village in accordance with the provisions of this chapter.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099
(A) Generally. Written reports and applications will be deemed to have been submitted on the date received by the village.
(B) Discharge permits. All industrial users proposing to connect to or contribute to the POTW shall obtain a general industrial wastewater discharge permit before connecting to or contributing flow to the POTW. Exceptions to this requirement may be granted by the village’s pretreatment coordinator. Industries excepted from this requirement may be required to obtain a permit after being given 30 days notice by the village. All existing and new significant industrial users shall obtain supplementary permits in addition to general permits if requested by the village. All industrial users, which become significant as a result of newly promulgated national categorical pretreatment standards, shall apply for supplemental permits within 180 days after the promulgation of such standards, unless a shorter period of time is required by the applicable pretreatment standards.
(C) General industrial wastewater discharge permit application. Users required to obtain a general industrial 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 Board. Proposed new significant users shall apply at least 90 days prior to discharging to the POTW. In case of conflict between application deadlines for significant industrial users in division (A) above and this division, the stricter deadline shall apply. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location.
(2) 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 set forth in §53.022, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the USEPA pursuant to Section 304(g) of the Act (33 USC 1314(g)) and contained in 40 CFR Part 136, as amended.
(4) Time and duration of contribution.
(5) Average and maximum wastewater flow rates, including monthly and seasonal variation, if any.
(6) 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.
(7) Listing of each process activity.
(8) Line diagram and basic information, including capacity, of existing or proposed spill containment areas and installation.
(9) Total number of employees and, hours of operation of a plant.
(10) Proposed or actual hours of operation of pretreatment system and the name of the IEPA certified pretreatment operator.
(11) Name of authorized representative of the industrial user.
(12) User's source of intake water together with the types of usage and disposal sources of water and the estimated volumes in each category.
(13) Listing of raw materials and chemicals that are used in the manufacturing process and are capable of being discharged into the POTW.
(14) If additional user operation and maintenance or pretreatment techniques or installations will be required to meet the applicable pretreatment standards, the user will provide the shortest schedule which will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(a) 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 pretreatment standards (such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like).
(b) No increment referred to in subdivision (14)(a) above shall exceed six months.
(c) 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 General Manager, including, as 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 user to return the construction to the schedule established. In no event shall more than six months elapse between such progress reports to the General Manager.
(15) Any other information as may be deemed by the village to be necessary to evaluate the permit application. The village will evaluate the data furnished by the user and may require additional information within 90 days of submission by the user. After evaluation and acceptance of the data furnished, the Board may issue a general industrial wastewater discharge permit subject to terms and conditions provided herein. Users submitting information required in this section shall not be deemed to have a permit until the Board issues such a permit under the provisions of division (B) above. The Board may deny any application for a wastewater discharge permit.
(D) Supplemental wastewater discharge permits are ancillary to the general wastewater discharge permit of the permittee and, when issued, shall become part of the permittee’s general wastewater discharge permit or supplemental permits shall constitute grounds for revocation of the general wastewater discharge permit as set forth herein and for any other enforcement actions available to the village under village ordinances found elsewhere. Within 180 days after the effective date of a national categorical pretreatment standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 CFR 403.3(a)(4) of the general pretreatment regulations, whichever is later, existing industrial users subject to such national categorical pretreatment standards and currently discharging to or scheduled to discharge to the village’s POTW shall obtain a supplemental wastewater discharge permit. Industrial users required to obtain a supplemental 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 Board. New sources, when subject to a national categorical pretreatment standard, shall apply for a supplemental wastewater discharge permit at least 90 days prior to discharging to the POTW. New sources are also required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources can provide verifiable estimate values for subdivisions (4) and (5) of this division (D). The village will evaluate the data furnished by the industrial user and may require additional information within 45 days of submission by the industrial user. After evaluation and acceptance of the date furnished, the village may issue a supplemental wastewater discharge permit prior to the compliance date for the applicable national categorical pretreatment standard. In support of the supplemental permit application/baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
(1) Name and address of the facility, including the name of the operator and owners.
(2) List of any environmental control permits held by or for the facility.
(3) Brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
(4) Information showing the measured average daily and maximum daily flow in gallons per day to the POTW from each of the following:
(a) Regulated process streams; and
(b) Other streams as necessary to allow user of the combined waste stream formula of 40 CFR 403.6(e) of the General Pretreatment Regulations.
(5) The industrial user shall identify the national categorical pretreatment standards applicable to each regulated process and shall:
(a) Submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the village or pretreatment standards) of regulated pollutants in the village from each regulated process. Both daily maximum and average concentration (or mass, where required by the village or pretreatment standards) shall be reported. The sample shall be representative of daily operations.
(b) A minimum of four grab samples must be used of pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The village may waive flow-proportional composite sampling for any industrial user 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 grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(c) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
(d) 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 industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) of the General Pretreatment Regulations. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) of the General Pretreatment Regulations, this adjusted limit, along with supporting data, shall be submitted to the village.
(e) 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.
(f) Submit only with village authorization a supplemental permit application/baseline report which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(g) Provide for each report the time, date, and place of sampling methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(6) The industrial 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 (O&M) and/or additional pretreatment is required for the user to meet the national categorical pretreatment standards and requirements; and
(7) If additional pretreatment and/or O&M will be required to meet the national categorical pretreatment standards, the user will provide the shortest schedule which will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standard.
(a) Where the industrial user’s national categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), or the combined waste stream formula (40 CFR 4016(e)), or net-gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline report, the information required in subdivisions (6) and (7) of this division (D) shall pertain to the modified limits.
(b) If the national categorical pretreatment standard for the industrial user is modified after the application for a supplemental wastewater discharge permit is submitted, the user shall make any necessary amendments to information provided as a response to subdivisions (6) and (7) of this division (D) and submit them to the village within 60 days after the modified limit is approved.
(8) The following conditions shall apply to any schedule submitted in response to subdivision (7) of this subdivision (D):
(a) 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 categorical pretreatment standards (such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like).
(b) No increment referred to in subdivision (8)(a) of this division (D) shall exceed nine months.
(c) 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 village 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 village.
(9) Such other information as may be reasonably requested by the POTW.
(10) The village will evaluate the data furnished by the industrial user and may require additional information within 90 days of submission by the industrial user. After evaluation and acceptance of the data furnished, the village may issue a supplemental wastewater discharge permit.
(E) Permit modifications.
(1) General industrial wastewater discharge permits issued to an industrial user will be supplemented by the incorporation of supplemental wastewater discharge permits for a user, which has manufacturing processes regulated by national categorical pretreatment standards. This modification will include the limits on average and daily maximum pollutant concentrations from the applicable national categorical pretreatment standard and serve to include them into the general industrial wastewater discharge permit.
(2) Where the national categorical pretreatment limits are modified, the combined waste stream formula (40 CFR 403.6(e) of the General Pretreatment Regulations), or a fundamentally different factors variance (40 CFR 403.13 of the General Pretreatment Regulations), the limits as modified shall be made a part of the supplemental wastewater discharge permit.
(3) Where an industrial user has manufacturing processes which are regulated by more than one national categorical pretreatment standard at the same permitted discharge location, the limitation in the supplemental wastewater discharge permit shall be adjusted consistent with USEPA guidelines and regulations.
(F) Permit conditions. 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. General and supplemental permits may contain the following:
(1) The wastewater discharge permit shall include the limits on daily maximum and average pollutant concentrations from the applicable pretreatment standard (which includes federal, state, and local limits) whichever is more stringent.
(2) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization for each separate discharge of a user.
(3) Requirements for installation and operation of inspection, sampling, and monitoring facilities.
(4) Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedule.
(5) Compliance schedule.
(6) Requirements for submission of technical reports or discharge reports.
(7) Requirements to retain for a minimum of three years any records of monitoring activities and results relating to wastewater discharge and for affording the village access to said records.
(8) Requirement for notification of the village 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.
(9) Requirements of notification of slug discharges as contained in this chapter.
(10) Other conditions as deemed appropriate by the village to ensure compliance with this chapter.
(11) Requirements that permittee allow the POTW or its representatives ready access upon presentation of credentials at reasonable times to all parts of its premises in which a discharge source or treatment systems is located or in which records required by this chapter are kept for the purposes of inspection, sampling, examination, and photocopying of said records and for the performance of any of their duties.
(12) Requirements that permittee provide such information to the POTW as may reasonably be required from time to time.
(G) Change in condition. In the event the type, quality, or volume of wastewater from the property for which a discharge permit was previously granted is expected to materially and substantially change as determined by the permittee or the village, the person previously granted such permit shall give 30 days notice in writing to the village and shall make a new 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, quality, or volume of its wastewater beyond that allowed by its permit without prior approval of the village.
(H) Duration. Permits shall be issued for a specified time period, not to exceed five years. The user shall apply, on a form provided by the village, for reissuance of the permit. Upon reissuance, any applicable provisions of the supplemental wastewater discharge permit issued during term of the expiring general wastewater discharge permit shall be incorporated as conditions of the new general water discharge permit. The terms and conditions of the permit may be subject to modification by the Board during the term of the permit as limitations or requirements as identified in §53.041 are modified or other just cause exists. Where the national categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7) or fundamentally different factor variance for non-toxics (40 CFR 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. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Where any changes are made in user’s permit, a reasonable time shall be given to achieve compliance.
(I) Transfer. Wastewater discharge permits are issued to a specific 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 changed operation in the same or different premises without the approval of the village. If the premises are sold or otherwise 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 Board 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 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) Notification of the discharge of hazardous waste. The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous wastes authorities of any discharge into the POTW of a substance, which is a listed or characteristic waste under Section 3001 of RCRA (42 USC 6921). Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wasters and the type of discharge (continuous, batch, or other), identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following 12 months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements of 40 CRF 403.12(b), (d), and (e). This provision does not create a right to discharge any substance not otherwisepermitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099
(A) Compliance date report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the village a report containing the information described in § 53.041(D)(4) through (6). For industrial users subject to equivalent mass or concentration limits established by the village in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s 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.
(B) Continued compliance reports.
(1) Any user required by the national pretreatment standard of the village, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the village a report indicating the nature and concentration of pollutants in the effluent. The frequency of this report typically will be semiannually, although more frequent reports may be required by the village of the national pretreatment standard.
(2) At the discretion of the village, this report shall also include concentrations of BOD/COD/TSS or other pollutants specified by the village.
(3) At the discretion of the Village Administrator and in consideration of such factors as local high or low flow rate, holidays, or budget cycles, the Village Administrator may agree to alter the months during which the above reports are submitted.
(4) Where the village has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(c), the report required by division (B)(1) shall contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by division (B)(1) shall include the user's actual average production rate for the reporting period.
(C) Notice of potential problems, including slug loading. All categorical and non-categorical industrial discharges that could cause problems to the POTW immediately of all including any slug loadings, as defined by 40 CFR Part 404, by the industrial user.
(D) Monitoring and analysis to demonstrate continued compliance.
(1) The reports required in divisions (A) and (B) of this section shall contain the results of sampling and analysis of the discharge, including the flow, the nature and concentration, or production and mass, where requested by the village, of pollutants contained therein which are limited by the applicable pretreatment standards. At the village's discretion, this sampling and analysis may be performed by the village in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under 40 CFR 403.12(b)(6) and 403.12(d). In addition, where the POTW itself collects all the information required for the report, including flow data, the village may waive the requirement of the industrial user to submit the report.
(2) If sampling performed by an industrial user indicates a violation, the user shall notify the village within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis and submit the results of the repeat analysis to the village within 30 days after becoming aware of the violation, except that the industrial user is not required to resample if:
(a) The village performs sampling of the industrial user at a frequency of at least once per month;or
(b) The village performs sampling of the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(3) The reports in division (B) of this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The village shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(4) All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(h) of the Act (33 USC 1314(h)) and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. (See 40 CFR Part 136.4 and 136.5). Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the Administrator determines that Part 136 does not include sampling or analytical techniques for the pollutants in question or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the Administrator.
(5) If an industrial user subject to the reporting requirement in division (B) of this section monitors any pollutant more frequently than required by the village, using the procedures prescribed in division (D)(4) of this section, the results of this monitoring shall be included in the report.
(E) Reporting requirements for industrial users not subject to categorical pretreatment standards. The village shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards.
(F) Notification of change 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, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p).
(G) Signatory reports for industrial user reports. The reports required by divisions (A) and (B) of this section shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed as follows:
(1) By a responsible corporate officer if the industrial user submitting the reports required by divisions (A) and (B) of this section is a corporation. For the purpose of this division, a responsible corporate officer means:
(a) 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
(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manger in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports required by divisions (A) and (B) of this section is a partnership or sole proprietorship respectively.
(H) Provisions governing fraud and false statements. The reports required by paragraphs of 18 USC 1001 relating to fraud and false statements and the provisions of Section 309(c)(2) of the Act (33 USC 1319(c)(4)) governing false statements, representations, or certifications in reports required under the Act.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099
(A) No discharge permit shall be issued by the village to any person whose discharge of material to sewers, whether shown upon his or her application or determined after inspection and testing conducted by the village, is not in conformity with village ordinances and regulations, unless a variance of such nonconformity is granted by the Board in the manner set forth in this chapter. The pretreatment coordinator shall state the reason or reasons for denial or requirement for variance in writing, which shall be mailed or personally delivered to the applicant within five days after denial or determination of a need for a variance. Where a variance is required, users shall follow the procedures set forth in § 53.064. Such petition for variance shall be filed within 15 days of the receipt of the Pretreatment Coordinator's requirement for a variance.
(B) If the application is deemed unsatisfactory by the pretreatment coordinator, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of this chapter, the user may obtain review of the denial by the Board, provided that the user shall give written notice of this request therefor within 30 days after receipt of such denial. The Board shall review the permit application, the written denial, and such other evidence and matters as the applicant and the village’s pretreatment coordinator shall present at the Board's next regular meeting following receipt of request for review, and the decision of the Board rendered publicly at said meeting shall be final.
(C) In the event it is determined by the village pretreatment coordinator that any discharge of wastewater to a sewer materially and substantially differs in type and volume from those characteristics set forth in the application and wastewater discharge permit issued based on said application, the user shall be subject to revocation of the wastewater discharge permit, disconnection, fine, and other penalties as herein provided.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099
(A) Each industrial user whose wastewater discharge(s) has by sampling of wastewater or other means of inspection been found to contain or have the potential to contain incompatible priority pollutants in amounts or concentrations which may cause interference with the wastewater treatment works process or operation shall provide and maintain at all times monitoring facilities, including but not limited to a manhole, as required by the village at each applicable building sewer discharge which will allow for inspections, sampling, and flow measurement of the discharge to the village sewer line. Such monitoring facility shall be provided and maintained by the user on each building sewer discharge, which contains or has the potential to contain incompatible priority pollutants; provided, however, that an industrial user, subject to the provisions of the national categorical pretreatment standards shall sample and/or monitor in accordance with such standards. The village maintains the right to require installation of monitoring facilities on existing lines for cause.
(1) The monitoring facilities shall be located on the industrial user’s premises, provided that if such location would be impractical or cause undue hardship to the industrial user, the village may allow the facility to be constructed in the public street or sidewalk area. Monitoring facilities located in public streets or sidewalks shall not obstruct the flow of traffic. Said facility shall be located so that samples may be taken safely and easily and shall not be obstructed by landscaping, parked vehicles, or other activity of the industrial user. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director of Public Works or designated representative and shall not be replaced. The costs of clearing such access shall be borne by the user.
(2) All monitoring facilities must meet all local and village construction codes and must be approved by the village prior to construction.
(3) There shall be ample room in and near such monitoring facilities to allow accurate sampling and monitoring equipment to be installed and to prepare samples for analysis. Such facilities shall be accessible to authorized representatives of the village at all times upon representation of suitable identification without delay from 8:00 a.m. to 5:00 p.m., seven days per week, provided that authorized representatives of the village personnel shall under exceptional circumstances have access upon presentation of suitable identification at all times, without limitation.
(4) When requested by the village, the user shall make the entrance or manhole to such monitoring facilities securable by a breakaway locking device. The village shall provide complete control of access to the monitoring facility. When required by an industrial user, village personnel shall be available to open the monitoring facilities on 90 minute notice upon good cause shown. Alternative means of adequately securing such monitoring facilities may be approved by the Village Administrator upon recommendation of the Director of Public Works. This determination shall be made when requested by the industrial user.
(5) The village may require that monitoring facilities shall contain the following equipment installed in a permanently fixed position by the industrial user:
(a) Flow monitoring equipment approved by the village.
(b) A recording and totalizing register for measurement of the liquid quantity; or at the discretion of the village the metered water supply to the industrial user may be used as the liquid quantity where it is substantiated to the Director of Public Works 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.
(c) A dedicated source of electrical power to the monitoring facilities of sufficient voltage and amperage to operate all equipment in the sampling chamber. An appropriate device shall be installed by user to indicate a power failure and length of time of such failure. Such device shall be specified by the village and furnished by user.
(6) Automatic composite sampling devices provided by the user will be installed and operated in the monitoring facility on a 24-hour basis seven days per week. Samples will be collected by village personnel five days per week and analyzed on a routine basis. The village will provide a split of each sample taken from said monitoring facility upon written request of the industrial user.
(7) When required, time composite samples shall be taken at a frequency determined by the village, and properly refrigerated and preserved in accordance with Standard Methods and 40 CFR Part 136, and shall be composited in proportion to the flow for a representative 24-hour sample. Such sampling shall be done as prescribed by the village.
(8) When a sampler has been required of a user, that user shall develop and implement procedures that guarantee the sample collected shall be representative of its daily effluent. The user shall inform the Director of Public Works within one business day if a sample collected is not representative of its daily flow.
(9) The frequency of sampling, sampling chamber, metering device, sampling methods, and analyses of samples shall be subject, at any time, to inspection and verification by the village.
(B) All measurements, tests, and analyses to which reference is made in this chapter shall be determined and performed in accordance with the procedures established by the Administrator of the United States Environmental Protection Agency (hereafter “Administrator”) pursuant to Section 304(g) of the Act (33 USC 1314(g)) and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099
(A) (1) The village may inspect the facilities of users to ascertain whether the purposes of this chapter are being met and if all requirements of the chapter 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 POTW or its representative, without delay, ready access upon presentation of credentials at reasonable times to all parts of said premises for the purpose of inspection, sampling, examination and photocopying of records required to be kept by this chapter, and in the performance of any of its duties.
(2) 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.
(3) (a) Where a user has security or safety measures in force which would require clearance, training, or wearing of special protective gear, the user shall make necessary arrangements at its own expense, to enable authorized representatives of the village, state, and USEPA to enter and inspect the premises as guaranteed by this division.
(b) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary prior arrangements with its security guards so that upon presentation of suitable identification, village representatives will be permitted to enter without delay for the purposes of performing specific responsibilities.
(c) Unreasonable delays in allowing village representatives access to the user’s premises shall be a violation of this ordinance.
(B) Users and the village shall maintain records of all information resulting from any monitoring activities required by this chapter or, in the case of industrial users, by 40 CFR 403.12(o) of the General Pretreatment Regulations. The village and industrial users shall maintain such records for a minimum of three 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 the village’s pretreatment program or when requested by the Administrator. Such records shall include for all samples:
(1) The date, sampling location, sampling method, name of person(s) collecting sample, and time of sampling.
(2) The dates analyses were performed, the analyst’s name in analytical methods used, and the results.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099
(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 agency 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. Any such request must be asserted at the time of submission of the information or data. When requested by the person furnishing a report, and until such time as the Board determines that the information requested 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 chapter, the national pollutant discharge elimination system (NPDES) permit, and the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(B) Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction, provided, however, that if there is a conflict between the provisions of this section and regulations under 40 CFR 403.14(b) the latter shall control.
(C) Information accepted by the village as confidential shall not be transmitted to the general public by the POTW except in accordance with the Illinois Freedom of Information Act. The POTW shall implement measures to prevent the negligent release of confidential information; however, neither the POTW nor its employees shall be held legally responsible for release of information if they have acted in good faith.
(Ord. 03-19, passed 10-20-2003)
(A) Use of private sewage disposal system. Where a public sanitary sewer is not available under the provisions of this chapter the building sewer shall be connected to a private sewage disposal system complying with the following provisions except that:
(1) No person shall construct a wastewater treatment facility within the village or in any area under the jurisdiction of the village for the purpose of treating domestic wastewater and discharging same to a watercourse.
(2) No person shall construct a wastewater treatment facility within the village or in any area under the jurisdiction of the village for the purpose of treating industrial wastes and discharging same to a watercourse unless the village determines that the public wastewater facilities have inadequate capacity, and issues a permit for the construction and operation of a wastewater treatment facility. No village permit shall become effective until:
(a) All Illinois Environmental Protection Agency permits to construct and operate the facility havebeen received.
(b) An NPDES permit has been received.
(c) The Village Engineer has approved the plans and specifications in writing.
(3) No person shall construct a private wastewater treatment facility with subsurface disposal of the effluent if the population to be served exceeds 15 persons or the system is intended to serve more than one building.
(a) Permit required for private system. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Director of Public Works. The application for such permit shall be made on a form furnished by the village which the applicant shall supplement by plans, specifications prepared and sealed by a professional engineer, and other information as are deemed necessary by the Director of Public Works. A permit and inspection fee as found in the annual fee schedule shall be paid to the Utility Clerk at the time the application is filed.
(b) Permit not effective until installation complete. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Director of Public Works. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Director of Public Works when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 453 hours of the receipt of notice by the Director of Public Works.
(c) Type, capacities, location, and layouts. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State of Illinois Private Sewage Disposal Licensing Act (ILCS Chapter 225, Act 225, §§1 et seq.) and code with the state Environmental Protection Agency. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
(d) Future connection required to public sewer. At such times as public sanitary sewer becomes available to a property served by a private sewage disposal system, as provided for in this chapter, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable materials.
(e) Operation and maintenance of private system. The owner shall operate and maintain the private sewage disposal system in a sanitary manner at all times, at no expense to the village.
(f) Requirement of Kane County Public Health. No statement contained in the section shall be construed to interface with any additional requirements that may be imposed by the Kane County Department of Public Health.
(g) When public sewer becomes available. When a public sewer becomes available, the building sewer shall be connected to said sewer within 12 months and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
(Ord. 03-19, passed 10-20-2003)
(A) Damage or repair by unauthorized persons. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances, or equipment which is a part of the sewerage works. No unauthorized person shall repair, remove, or replace any equipment, appurtenances, or property of the wastewater facilities.
(B) Emergency limitations—wastewater. In case of making repairs or alterations or constructing new facilities or for any other reason, the Village President reserves the right to limit the discharge of wastewater to the wastewater facilities for as long as may be necessary by giving such reasonable notice thereof as shall be practicable to the user. No claim shall be made against the village by reason of the above or by reason of the breakage or failure of any portion of the wastewater facilities.
(C) Access to equipment. No person shall in any manner obstruct access to any valve, manhole, flow measuring equipment, or any other equipment necessary to the operation of the wastewater facilities which is located in any public street, alley, or easement.
(Ord. 03-19, passed 10-20-2003)
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