A. Wastewater Discharge Permits:
1. Individual Wastewater Discharge Permits: All significant industrial users, including categorical industrial users, proposing to connect to or contribute to the POTW shall obtain an individual wastewater discharge permit before connecting to or contributing to the POTW except that a significant industrial user that has filed a timely application pursuant to this article may continue to discharge for the time period specified therein. The pretreatment coordinator shall have the option of requiring all industrial users to have a wastewater discharge permit.
2. General Wastewater Discharge Permits: At the discretion of the pretreatment coordinator, the village may use general wastewater discharge permits to control SIU or CIU discharges to the POTW if the following conditions are met. All of the facilities to be covered must:
a. Involve the same or substantially similar types of operations;
b. Discharge the same types of wastes;
c. Require the same effluent limitations or best management practices;
d. Require the same or similar monitoring and/or reporting requirements; and
e. In the opinion of the pretreatment coordinator, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
B. Permit Application: All SIUs and users required to obtain a wastewater discharge permit shall complete and file with the village of Fox Lake an application in the form prescribed by the village of Fox Lake, along with a permit fee of two hundred fifty dollars ($250.00) ninety (90) 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. Name, address, and location (if different from the address) of owners and operator including contact information;
2. SIC number according to the "Standard Industrial Classification Manual", bureau of the budget, 1972, as amended;
3. Time and duration of discharges;
4. The location for monitoring all wastes covered by the permit;
5. Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly, or seasonal variations if any;
6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, floor drains and appurtenances by the size, location and elevation, an up to date water use schematic, and all points of discharge;
7. Description of activities, facilities, and all processes on the premises including those materials which are or could be discharged to the POTW;
8. A brief description of the nature of activities, services, production, and plant processes on the premises. Include each product and/or byproduct produced by type, amount, process, and general rate of production;
9. Type and amount of raw materials processed (average and maximum per day) including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
10. The nature and concentration of any pollutants in the discharge which are limited by any village, state, or federal pretreatment standards, and a statement signed by an authorized representative of the user and certified by a qualified professional regarding whether or not the 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 applicable pretreatment standards. 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;
11. If applicable, requests for monitoring waiver for a pollutant regulated as a categorical pretreatment standard neither present nor expected to be present in the discharge based on 40 CFR 403.12(e)(2); representative sampling and analysis will be required to substantiate the request;
12. Number and type of employees, the hours of operation of the pretreatment system and the proposed or actual hours of operation;
13. List of any environmental control permits held by or for the facility;
14. When additional pretreatment and/or O&M is required to meet the pretreatment standards; the user shall provide such additional pretreatment by the shortest schedule possible.
The following conditions shall apply to this schedule:
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 any additional pretreatment equipment required by the user to meet any applicable pretreatment standards;
b. These increments of progress shall not exceed nine (9) months;
c. No later than fourteen (14) days following each incremental date of the schedule, including the final date for compliance; the user shall submit a progress report to the director of the POTW. If any increment of progress is not met, the progress report shall contain detailed information as to the reason for the delay, and the steps being taken by the user to return to the construction schedule established in the compliance schedule.
15. Any other information as may be deemed by the director of the POTW to be necessary to evaluate the permit application.
C. Application Signatories And Certification: All wastewater discharge permit applications and user reports, including BMRs, compliance reports, and periodic compliance reports must be signed by an authorized representative of the user and contain the following certification statement:
I certify under 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.
If the designation of an authorized representative is no longer accurate because of a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of section 7-3-1 must be submitted to the pretreatment coordinator prior to or together with any reports to be signed by an authorized representative.
D. Review Of Permit Applications: The pretreatment coordinator will evaluate the data furnished by the user in the wastewater discharge permit application and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. After evaluation of all data furnished by the user, the pretreatment coordinator will determine whether to issue a wastewater discharge permit within ninety (90) calendar days of receipt of a complete permit application. No temporary permits will be issued. If the pretreatment coordinator fails to act within ninety (90) calendar days, a request for permit shall be deemed to be denied.
E. Permit Conditions: Wastewater discharge permits shall be expressly subject to all provisions of this article and other applicable regulations, user charges, and fees established by the village.
1. Wastewater Discharge Permit Requirements: Permits shall contain, as appropriate, the following:
a. Statement of duration (not greater than 5 years) including issuance, effective and expiration dates.
b. Effluent limitations, including best management practices, based on the more stringent of national categorical pretreatment standards, or local limits as established by this article, state and local law.
d. This requirement to pay fines and/or surcharges when the wastewater discharged exceeds the limitations required by the permit and this article.
e. Limits on average and maximum flow rate and the time of discharge may be included in permits if deemed necessary by the pretreatment coordinator.
f. Requirements for installation and maintenance of inspection, sampling and monitoring facilities.
g. Requirements and specifications for self-monitoring programs including pollutants to be monitored, sampling locations, frequency of sampling, number and type of sample (grab or composite), reporting schedule, and standards for tests based on federal, state, and local law.
h. Compliance schedule when necessary.
i. Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard, 40 CFR 403.12, or this article.
j. Requirements for collecting/retaining and providing access to all plant records relating to the user's discharge and for providing entry for sampling and inspection of facilities.
k. Requirements for prompt notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater being introduced into the wastewater treatment system in advance.
l. Requirements for notification of spills, slug loadings (as defined herein), upsets, or other violations that could have the potential to cause a problem at the POTW.
m. Requirements to develop and implement spill and slug control plans.
n. Requirements for installation, operation and maintenance of pollution control equipment designed to equalize, reduce, eliminate, or prevent the introduction of pollutants into the POTW.
o. Requirements that the permittee provide other information to the POTW from time to time as may reasonably be required.
p. Statement of nontransferability, and conditions for modification or revocation of permit.
q. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
r. If applicable, documentation of any monitoring waiver approved by the pretreatment coordinator for categorically regulated pollutants found to be not present and requirements to re-institute monitoring 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 operation.
2. Change In Conditions: In the event the type, quantity or volume of wastewater from the property for which a wastewater discharge permit was previously granted is expected to materially and substantially change as reasonably determined by the permittee or pretreatment coordinator, the permittee previously granted such permit shall give thirty (30) days' notice in writing to the pretreatment coordinator prior to said change. No permittee shall materially or substantially change the type, quantity or volume of its wastewater beyond that allowed by its permit without prior approval by the pretreatment coordinator.
3. Duration: Wastewater discharge permits shall be issued for a specific time period not to exceed five (5) years. The permittee shall file an application for renewal of its permit at least ninety (90) days prior to the expiration of the user's permit. The industrial user shall apply, on a form provided by the village, for reissuance of the permit.
4. Modification: The terms and conditions of the permit may be subject to modification by the pretreatment coordinator during the term of the permit as limitations or requirements identified in sections 7-3A-11 through 7-3A-21 of this article are modified or other just cause exists. Where the national categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), or the combined waste stream formula (40 CFR 403.0(e)), or net/gross calculations (40 CFR 403.15) or fundamentally different factor variance for nontoxics (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 permit holder shall be notified of any proposed changes to their permit at least thirty (30) days prior to the effective date of the change. When a change is made to a significant industrial user's permit, a reasonable time period as determined by the pretreatment coordinator shall be given the significant industrial user to achieve compliance. Reasonable time required that a significant industrial user act in good faith to achieve compliance is by the shortest possible schedule.
5. 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 pretreatment coordinator. 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 may be reissued by the pretreatment coordinator to the new owner as a short term permit and shall expire within ninety (90) days from the date of reissuance. The new owner shall apply for permit, on a form established by the village. The village shall have the same remedies for violations of short term permits as it has for violations of other discharge permits.
6. A wastewater discharge permit may contain 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 7-3A-24C6. Any grant of the monitoring waiver by the pretreatment coordinator shall be included as a condition of the user’s permit. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2011-18, 6-28-2011; Ord. 2015-08, 1-27-2015; Ord. 2021-08, 4-27-2021)