§ 54.02 GENERAL SEWER USE REQUIREMENTS.
   (A)   Prohibited discharge standards. An industrial user that discharges to a county-owned interceptor that is tributary to a POTW owned and operated by an outside agency shall be subject to the local POTW's pretreatment requirements
      (1)   No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, sub-surface drainage, non-contact cooling waters, or any other unpolluted water to any sanitary sewer, unless specifically authorized by the Director or his or her representative.
      (2)   It shall be unlawful to bypass if not in accordance with § 54.02 (E).
      (3)   It shall be unlawful for any industrial user to violate any applicable pretreatment standard or requirement.
      (4)   (a)   The general prohibition found in division (A)(5) below and specific prohibitions found in division (A)(6) below shall apply to all users of the Lake County Public Works Water Reclamation Facilities whether or not a user is subject to national categorical standards or any other national, state or local pretreatment standards or requirements.
         (b)   A user shall have an affirmative action defense in any action brought against it alleging a violation of the general prohibitions established in division (A)(5) below and the specific prohibitions in divisions (A)(6)(c), (A)(6)(d), (A)(6)(e), (A)(6)(f) and (A)(6)(g) below where the user can demonstrate that:
            1.   It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or other discharges from other sources, would cause pass through or interference; and
            2.   A local limit designed to prevent pass through and/or interference, as the case may be, was developed for each pollutant in the user's discharge that caused pass through or interference, and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or
            3.   If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed for the pollutant that caused the pass through or interference, and the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the Lake County Public Works Water Reclamation Facilities were regularly in compliance with its NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
      (5)   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 Lake County Public Works Water Reclamation Facilities or will pass through the Water Reclamation Facilities.
      (6)   In addition, the following pollutants shall not be introduced into the Lake County Public Works Water Reclamation Facilities:
         (a)   Pollutants which create a fire or explosion hazard in the wastewater collection system, including, but not limited to:
            1.   Waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; or
            2.   Waste streams that create two successive lower explosion limit (LEL) readings of 5% or any single reading of 10% occur at any point in the Water Reclamation Facilities.
         (b)   Any wastewater which will cause corrosive structural damage to the water feclamation racilities, or any wastewater having a pH less than 5.0 Std. units, or any wastewater having a pH greater than 9.5 Std. units which is not in accordance with the notification requirements of division (P) below.
         (c)   Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the Water Reclamation Facilities such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts, or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, towels, excessive non-biodegradable products, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues from refining or processing of fuel or lubrication oil, mud, glass, grinding or polishing wastes, tumbling or deburring stones, or any material which can be disposed of as trash.
         (d)   Any wastewater containing pollutants, released at a flow or concentration, either singly or by interaction with other sources, to injure or cause interference with any wastewater treatment process, constitute a hazard to humans or animals, cause pass through resulting in a violation of the water quality standards of the receiving waters of the Lake County Public Works Water Reclamation Facilities, exceed any limitation set forth in a national categorical pretreatment standard (when effective) or in division (E) below or create a public nuisance.
         (e)   Any wastewater having a temperature which will inhibit biological activity in the Water Reclamation Facilities resulting in interference. In no case shall wastewater be discharged which causes temperatures at the head of any of the Lake County Public Works Water Reclamation Facilities to exceed 104 degrees Fahrenheit or 40 degrees Centigrade.
         (f)   Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
         (g)   Any pollutant(s), which either singly or by interaction with other wastewater, result in the presence of toxic gases, vapors or fumes in the Lake County Public Works Water Reclamation Facilities in a quantity that may cause acute worker health and safety problems to occur.
         (h)   Trucked or hauled pollutants, except at discharge points designated by the Lake County Public Works Department in accordance with division (S) below.
         (i)   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.
         (j)   In no case shall a substance be discharged into the Lake County wastewater collection system which causes Lake County to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria guidelines or regulations affecting sludge use or disposal developed pursuant to the RCRA, SWDA, the Clean Air Act, or state criteria applicable to the sludge management method being used.
         (k)   Any waters or wastes containing color producing or odor producing substances that will inhibit, interfere or pass through the treatment process.
         (l)   Materials which exert or cause:
            1.   Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute an excessive load on the Water Reclamation Facility, in the opinion of the Lake County Public Works.
            2.   Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or dissolved solids (such as, but not limited to, sodium sulfate).
         (m)   Any wastewater containing compatible pollutants of such character and quantity that unusual attention or expense is required to handle such materials at the Water Reclamation Facilities; provided, however, that a User may be permitted by specific written agreement with Lake County, which agreement to discharge such compatible pollutants may provide for special charges, payments or provisions for treating or testing equipment.
         (n)   Any discharge exceeding the standards established in Title 35 of the Illinois Administrative Code, Part 307.
         (o)   Any slug discharged into the Lake County Public Works Water Reclamation Facilities.
         (p)   Any regulated medical waste as defined by 40 CFR 259.30(a), or residues resultant from treatment and destruction processes of said waste, except as specifically authorized by the Director or his or her representative in a wastewater discharge permit.
         (q)   Any wastewater containing detergents, surface active agents (surfactants), or other substances which may cause excessive foaming in the Lake County Public Works Water Reclamation Facilities.
         (r)   Any waters or wastes containing chlorine above 2 mg/L.
      (7)   Compliance with the provisions of this section shall be required on the effective date of promulgation of this chapter.
   (B)   Sampling and analysis procedures to be used. Wastewater sampling and analysis procedures to determine compliance with the limits found in this chapter shall conform to those specified at 40 CFR 136. Lake County may designate sampling and analysis procedures for those pollutants not specified at 40 CFR 136.
   (C)   Federal categorical pretreatment standards.
      (1)   The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated into this chapter by reference.
      (2)   Upon the promulgation of the national categorical pretreatment standard for a particular user, the said standard, if more stringent than the limitations imposed under this chapter for sources in that category, shall, when effective, immediately supersede the limitations and conditions imposed under this chapter. Lake County shall notify all known affected users of the applicable reporting requirements under 40 CFR 403.12(b)(1-6)
   (D)   State requirements. Illinois Pretreatment Program requirements, found at Title 35 of the Illinois Administrative Code, Parts 307 and 310, are hereby incorporated into this chapter by reference.
   (E)   Local limits.
      (1)   Compliance with the provisions of this division (E) for new sources shall be required on the effective date of this chapter.
      (2)   Compliance with the provisions of this division (E) for existing sources shall be required within two years of the effective date of this chapter where such limits for a given pollutant(s) are new or are more stringent than the limits they are superseding. Limits which are being superseded shall remain in effect until two years past the effective date of this chapter.
      (3)   Unless otherwise indicated, concentrations in this division (E) are expressed in mg/L and refer to the total amount of the constituent present in all phases, whether solid, suspended or dissolved, elemental or combined, including all oxidation states. Where constituents may be measured as other than total, the word "total" is indicated for clarity.
      (4)   Fats, oils and grease, or hexane extractable material (HEM), indicated in this section and division (E)(6), refers to the sum of polar hexane extractable material (P-HEM) (polar hydrocarbons such as vegetable oils, animal fats, and other highly biodegradable oils) and of silica gel treated hexane extractable material (SGT-HEM) (non-polar hydrocarbons such as petroleum oil, non-biodegradable cutting oil, products of mineral oil origin) as determined by HEM and SGT-HEM analyses.
      (5)   Each discharge from an industrial user, as measured under the provisions of this chapter and 40 CFR 136, shall not exceed the daily maximum for each pollutant listed below:
Des Plaines River POTW
Table 1
Pollutant Parameters
Pollutant
Daily Maximum
Des Plaines River POTW
Table 1
Pollutant Parameters
Pollutant
Daily Maximum
Arsenic, Total
0.25 mg/L
Cadmium, Total
0.95 mg/L
Chromium, Total
4.20 mg/L
Chromium+6, Total
1.0 mg/L
Copper, Total
1.0 mg/L
Iron, Total
20 mg/L
Lead, Total
1.0 mg/L
Mercury, Total
0.0005 mg/L
Nickel, Total
1.0 mg/L
Selenium, Total
1.5 mg/L
Silver, Total
0.5 mg/L
Zinc, Total
1.5 mg/L
 
New Century Town POTW
Table 2
Pollutant Parameters
Pollutant
Daily Maximum
New Century Town POTW
Table 2
Pollutant Parameters
Pollutant
Daily Maximum
Arsenic, Total
0.25 mg/L
Cadmium, Total
0.95 mg/L
Chromium, Total
4.20 mg/L
Chromium+6, Total
1.0 mg/L
Copper, Total
1.0 mg/L
Lead, Total
1.0 mg/L
Mercury, Total
0.0005 mg/L
Nickel, Total
1.0 mg/L
Selenium, Total
1.5 mg/L
Silver, Total
0.5 mg/L
Zinc, Total
1.5 mg/L
 
Mill Creek POTW
Table 3
Pollutant Parameters
Pollutant
Daily Maximum
Mill Creek POTW
Table 3
Pollutant Parameters
Pollutant
Daily Maximum
Arsenic, Total
0.25 mg/L
Cadmium, Total
0.95 mg/L
Chromium, Total
4.20 mg/L
Chromium+6, Total
1.0 mg/L
Copper, Total
1.0 mg/L
Lead, Total
1.0 mg/L
Mercury, Total
0.0005 mg/L
Nickel, Total
1.00 mg/L
Silver, Total
0.5 mg/L
Zinc, Total
1.5 mg/L
Selenium, Total
1.5 mg/L
 
 
(Foot notes apply to all three tables)
1.   Discharges exceeding the numeric standard for Total Mercury shall be allowed if all of the following conditions are met:
   a.   The discharger does not use mercury; or, the discharger uses mercury and this use cannot be eliminated; or, the discharger uses mercury only in chemical analysis or in laboratory or other equipment and takes reasonable care to avoid contamination of wastewater; and
   b.   The discharger is providing the best degree of treatment consistent with technological feasibility, economic reasonableness and sound engineering judgment. This may include no treatment for mercury; and
   c.   The discharger has an inspection and maintenance program likely to reduce or prevent an increase in the level of mercury discharges.
   However, in no case shall any discharge of mercury, alone or in combination with other sources, cause pass through or interference at the POTW as prohibited by 40-CFR-403.5(a)(1).
2.   Discharges exceeding the numeric standard for Total Silver shall be allowed if all of the following conditions are met:
   a.   The discharger does not use silver; or, the discharger uses silver and this use cannot be eliminated; or, the discharger uses silver only in chemical analysis or in laboratory or other equipment and takes reasonable care to avoid contamination of wastewater; and
   b.   The discharger is providing the best degree of treatment consistent with technological feasibility, economic reasonableness and sound engineering judgment as indicated in the most current version of the "Code of Management Practice for Silver Dischargers," as published by the Association of Metropolitan Sewerage Agencies (AMSA) and the Silver Council; and
   c.   The discharger has an inspection and maintenance program likely to reduce or prevent an increase in the level of silver discharges.
   However, in no case shall any discharge of silver, alone or in combination with other sources, cause pass through or interference at the POTW as prohibited by 40-CFR-403.5(a)(1).
 
 
      (6)   Each discharge from an industrial user, as measured under the provisions of this chapter and 40 CFR 136, shall not exceed the maximum concentration for each pollutant listed below:
 
Pollutant
Maximum Concentration
Cyanide, Total
0.15 mg/L
FOG Polar (P-HEM)
200 mg/L
FOG Non-Polar (SGT-HEM)
100 mg/L
Phenol, Total
15 mg/L
 
      (7)   Each discharge from an industrial user, as measured under the provisions of this chapter and 40 CFR 136, shall not exceed the maximum concentration level for each pollutant listed below:
 
Pollutant
Maximum Concentration
Biochemical Oxygen Demand
470 mg/L
Chemical Oxygen Demand
1250 mg/L
Total Phosphorus
24 mg/L
Total Suspended Solids
460 mg/L
Ammonia, Nitrogen
25 mg/L
Chloride
500 mg/L
 
   (F)   TENORM dischargers.
      (1)   If a user as defined herein is required by federal or state drinking water regulations to remove NORM, and the process chosen by the municipality requires periodic discharge of TENORM to the sanitary sewer, the user must petition Lake County to accept the waste under § 54.03.
      (2)   The accumulation of TENORM in the bio-solids is a major concern. The discharge of combined radium (Ra 226/Ra 228) to the sanitary sewer in excess of 5.0 pCi/L shall not be acceptable and is a violation of this chapter.
      (3)   Current users shall have a mutually agreed upon action plan within two years after the effective date of this permit. The action plan should address the steps that will be taken to discontinue the discharge of TENORM to the county's treatment facility.
   (G)   Notice of violation/resampling requirement. The user shall notify Lake County within 24 hours of becoming aware of any violation of the wastewater discharge limits noted in divisions (C), (D), or (E) above if such violation was discovered through sampling performed by the usa er. The user shall also conduct an additional sampling and analysis and submit the results of the additional analysis to Lake County within 30 days after becoming aware of the violation, except if:
      (1)   Lake County performs sampling of the industrial user at least once per month; or
      (2)   Lake County performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this initial sampling.
   (H)   Surcharge program. Lake County has determined that certain pollutants are compatible with the Water Reclamation Facilities. Lake County reserves the right to recover the treatment costs for those compatible pollutants that exceed the surcharge levels listed in this division (H).
 
Compatible Pollutant
Surcharge Level
Biochemical Oxygen Demand (CBOD5)
470 mg/L
Chemical Oxygen Demand (COD)
1250 mg/L
Total Suspended Solids (TSS)
460 mg/L
Ammonia Nitrogen (NH3-N)
25 mg/L
 
The excessive strength sewage surcharges for these pollutants shall be calculated using the following formula:
   PS= (PAVG – PSL) X Q X 8.34 X TCP
where:       
PS =   the excessive strength surcharge for the given compatible pollutant.
PAVG =   the average concentration of the compatible pollutant for the wastewater discharge in question.
PSL =   the surcharge level concentration of the compatible pollutant as indicated in any Lake County Ordinances or Rate Schedules in effect at the time the surcharge is calculated.
Q =   the Industrial User wastewater flow in millions of gallons per day (MGD).
8.34 =   a factor which converts the product of concentration (mg/L) and flow (MGD) into pounds of compatible pollutant.
TCP =   the treatment cost charge per pound of the compatible pollutant, such charge being stipulated by any Lake County ordinances or Rate Schedules in effect at the time the surcharge is calculated.
Lake County reserves the right to include, at its discretion, other parameters which it determines are compatible with the wastewater treatment process. Lake County does not consider industrial wastewater concentrations of compatible pollutants above the surcharge levels listed to be discharge violations except for those concentrations or slug loadings which would cause interference or pass through at the Lake County Water Reclamation Facilities.
   (I)   Right of revision. Lake County reserves the right to establish, by ordinance or in wastewater discharge permit, more stringent standards or requirements on discharges into the Lake County Water Reclamation Facilities.
   (J)   Inspection, sampling and records keeping.
      (1)   The county will coordinate with owners/directors or their designee to conduct inspection of industrial facilities to ascertain whether the purposes of this chapter are being met and if all requirements of this chapter are being complied with pursuant to 40 CFR 403.8(f)(1)(v). Persons or occupants of premises where wastewater is discharged, or a treatment system is located, or where records required by this chapter are kept, shall cooperate with Lake County or its representatives to allow access upon presentation of credentials, at reasonable times to all parts of said premises where wastewater is generated, treated, or discharged, or chemicals are stored, or records are kept, for the purposes of inspection, sampling, examination and photocopying of records required to be kept by this chapter, and in the performance of their duties.
      (2)   Lake County shall have the right to set up on the user's property such devices as are necessary to conduct sampling, monitoring and metering operations. Where a user has security measures in force which would require suitable identification, necessary arrangements must be made with their security guards so that upon presentation of suitable identification, personnel from Lake County shall be permitted to enter immediately for the purposes of performing their specific responsibilities. Unreasonable delays in allowing access to the commercial and industrial user's premises shall be a violation of this chapter.
      (3)   The Director or his or her representative shall not turn over or release property such as cell phones, cameras or other electronic devices to the user and shall be allowed access to inspect the facilities. These are inspection tools, used to document waste streams, pretreatment units or processes that are difficult to describe or explain. The Director or his or her representative shall be allowed to take pictures and photographs of waste stream(s) and pretreatment units to document processes or violation(s).
      (4)   The Director or his or her designee will work with the IU during the inspection to ensure that confidentially is protected and the information needed for the investigation is obtained. Confiscation of the Director's or his or her designated representative's property, shall be classified as theft and tampering with the property shall be considered vandalism.
      (5)   Users and Lake County 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(n). Lake County 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 Lake County's pretreatment program or when requested by the Regional Administrator or the Director of the Illinois Environmental Protection Agency (IEPA).
   (K)   Monitoring facilities. Lake County shall require monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems be provided and operated at the user's own expense.
      (1)   Whenever required by Lake County, an industrial user shall install a large manhole or sampling chamber for each separate discharge in the building's sewer in accordance with plans and specifications approved by Lake County. Each manhole or sampling chamber shall be installed and maintained at all times at the User's expense and shall have ample room to permit Lake County to take accurate composite samples for analysis.
         (a)   The monitoring facilities shall be situated on the user's premises. However, when such a location is impractical or causes undue hardship to the user, Lake County may 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.
         (b)   The monitoring facility shall be safely, easily and independently accessible to authorized representatives of Lake County any time or day of the week.
      (2)   Where required by Lake County, additional control manholes or sampling chambers shall be provided at the end of each industrial process within an industrial user's facility suitable for the determination of compliance with "end of process" pretreatment standards.
   (L)   Dilution. No user shall 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 the limitations contained within the national categorical pretreatment standards (when effective), or in any other pollutant-specific limitations developed by Lake County.
   (M)   Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical standards, local limits and the prohibitions set out in divisions (A) and (E) above within the time limitations specified by the USEPA or Lake County, whichever is more stringent. An industrial user with a pretreatment process shall keep that process operated and maintained at the user's expense. An industrial user may need to upgrade their facility to be in compliance with this chapter. Detailed plans, describing such facilities and operating procedures shall be submitted to Lake County for review before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to Lake County under the provisions of this chapter.
   (N)   Slug/spill prevention control and countermeasure plans (SSPCC).
      (1)   Each industrial user having the ability to cause Interference with the Lake County Water Reclamation Facilities or to violate the regulatory provisions of this chapter shall provide protection from accidental discharge into the Lake County Water Reclamation Facilities of prohibited materials. Such protection shall be provided and maintained at the owner's or user's own cost and expense.
      (2)   The industrial user shall control either its production or its discharges to the extent necessary to maintain compliance with all applicable regulations in the event of 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.
      (3)   The county shall evaluate each significant industrial user (SIU) at least once every two years, and other industrial users as necessary, to determine whether such users need an SSPCC plan. If Lake County determines an SSPCC plan is required, the plan shall contain at a minimum the following elements:
         (a)   A description of discharge practices including periodic or non-routine discharges;
         (b)   A description of stored chemicals;
         (c)   The procedures for immediately notifying Lake County Public Works of a slug/spill in accordance with the procedures outlined in division (O) below; and
         (d)   If necessary, procedures 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 runoff, worker training, building of containment structures or equipment, measures for containing toxic pollutants, including solvents, and/or measures and equipment for emergency response.
      (4)   Industrial users that store hazardous materials shall not discharge into the Lake County Water Reclamation Facilities after the effective date of this chapter unless an SSPCC plan has been approved by Lake County. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage, and transportation of hazardous materials.
   (O)   Notification.
      (1)   Slug/spill incidents.
         (a)   In the case of an accidental or deliberate discharge of compatible or incompatible pollutants which may cause interference or pass through at the Lake County Water Reclamation Facilities or violate any requirements of this chapter, it shall be the responsibility of the industrial user to immediately telephone and notify Lake County Public Works of the incident. The notification shall include the name of the caller, the location and time of the discharge, the type of wastewater, the concentration and volume discharged, and any corrective actions taken by the user.
         (b)   Within five days following such an accidental or deliberate discharge, the industrial user shall submit to Lake County 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 Lake County as needed.
         (c)   Such report(s) shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the Lake County Water Reclamation Facilities, fish kills, or any damage to person or property; nor shall such report(s) 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 Lake County, result in the revocation of the discharger's wastewater discharge permit.
      (2)   All industrial users shall give a 30-day notice in writing to Lake County in the event that the type, quality, or volume of wastewater, including hazardous waste notification, from the property is expected to materially and substantially change.
      (3)   SIUs are required to notify the Director or his or her representative immediately of any changes at its facility creating the potential for a slug discharge.
   (P)   Notification of hazardous waste discharge.
      (1)   Any industrial user who commences the discharge of hazardous waste shall notify Lake County, the IEPA, and the United States Environmental Protection Agency (USEPA) Region 5 authorities in writing of any discharge into the sanitary sewer of a substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR 261.
         (a)   Such notification shall include:
            1.   The name of the hazardous waste as set forth in 40 CFR 261;
            2.   The EPA hazardous waste number; and
            3.   The type of discharge (continuous, batch, or other).
         (b)   All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (P) need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted in accordance with division (O) above.
         (c)   In addition, if the industrial user discharges more than 100 kilograms of such waste per calendar month into the Lake County Water Reclamation Facilities, the notification shall also contain the following information to the extent such information is readily available to the industrial user:
            1.   An identification of the hazardous constituents contained in the wastes;
            2.   An estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month; and
            3.   An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
      (2)   Industrial users are exempt from the requirements of division (P)(1) above during the calendar months in which they discharge no more than 15 kilograms of hazardous wastes as specified in 40 CFR 261.30(d) and 40 CFR 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or of any quantity of acute hazardous waste, requires a one-time notification.
      (3)   In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste, the industrial user must notify Lake County, IEPA, and USEPA Region 5 authorities of such substance within 90 days of the effective date of such regulations.
      (4)   In the case of any notification made under this division (P), the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has determined to be economically practical.
   (Q)   Confidential information.
      (1)   Information and data relating to an industrial user obtained from reports, questionnaires, permit applications, permits, monitoring programs and from inspections shall be available to the public without restriction unless otherwise restricted in division (Q)(4) below, or the user specifically requests, and is able to demonstrate to the satisfaction of Lake County, 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. All information and data, confidential or otherwise, shall be made available to the IEPA and the USEPA for use in judicial review and enforcement proceedings involving the person furnishing the report.
      (2)   Effluent data provided to Lake County shall not be recognized as confidential and shall be made available to the public, IEPA, and USEPA without restriction unless otherwise restricted in division (Q)(4) below.
      (3)   Investigatory records or compliance information gathered for federal, state, or Lake County enforcement purposes shall be allowed to be inspected and copied upon request of the governmental agency, to be used in enforcement proceedings related to the NPDES program or pretreatment program.
      (4)   Information accepted by Lake County as confidential shall not be transmitted to the general public by Lake County unless agreed to by the industrial user.
      (5)   The Director or his or her representative shall implement measures to prevent the negligent release of confidential information. However, Lake County and the Director or his or her representative shall not be held legally responsible for release of information if they acted in good faith.
   (R)   Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or tenant is an industrial user, either or both shall be held responsible for compliance with this chapter.
   (S)   Hauled wastewater.
      (1)   Domestic septage tank wastes may be accepted into the Lake County Water Reclamation Facilities at a designated receiving structure within the Water Reclamation Facility area, and at such times as are established by the Director or his or her representative, provided such wastes do not violate division (A) above or any other requirements established or adopted by Lake County. Wastewater hauler discharge permits for individual vehicles to use such facilities shall be issued in accordance with the Lake County Sewer Use Ordinance (Chapter 53) or its successors, and any amendments made thereto.
      (2)   The discharge of hauled industrial wastes as "industrial septage" requires prior approval and a wastewater discharge permit in accordance with § 54.03. The Director or his representative shall have the authority to prohibit the disposal of such wastes in accordance with § 54.03(C). Waste haulers shall be subject to all other sections of this chapter.
   (T)   Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance, or equipment, or other part of the Lake County Water Reclamation Facilities or wastewater collection system. Any person found in violation of this requirement shall be subject to the sanctions (enforcement remedies) set forth in § 54.99.
   (U)   Batch discharge. A user is allowed to discharge non-domestic wastewater as a batch. However, that batch shall meet all local limits as specified within the ordinance prior to discharge. Lake County Public Works reserves the right to sample batch discharge.
(Ord. 19-1394, passed 9-10-2019)