(A) Prohibition of discharge without a permit.
(1) It shall be unlawful for any industrial user to discharge wastewater into the Lake County Water Reclamation Facilities without a wastewater discharge permit issued by Lake County or be in violation of the conditions of their permit in accordance with the provisions of this chapter.
(2) In areas where the county provides sewer and treatment service and communities in those areas have an existing pretreatment program, they shall continue to issue permits to industrial users until the county has an approved pretreatment program.
(3) Communities with approved pretreatment programs shall be the control authority responsible for permitting and monitoring IUs tributary to locally owned sewers. The community shall enforce the more restrictive limits established in the Lake County local limits or their respective ordinances for sewers tributary to Lake County WRFs until such time as the Lake County pretreatment program has been approved by USEPA. Once the Lake County pretreatment program is approved by USEPA Lake County shall become the control authority for IUs tributary to Lake County WRFs.
(B) Wastewater discharge permit. All industrial users proposing to connect to sewers that discharge into the Lake County WRFs shall obtain a wastewater discharge permit at least 90 days prior to such connection or discharge. All existing industrial users shall obtain a wastewater discharge permit within 30 days after notification by Lake County.
(1) Wastewater discharge permit application.
(a) Industrial users required to obtain a wastewater discharge permit shall complete and file with Lake County, an application form, prescribed by Lake County, and accompanied by a fee as outlined in the Rate Ordinance. The application form shall be duly signed and certified by an authorized representative of the industrial user.
(b) If additional user operation and maintenance or pretreatment techniques or installations will be required to meet pretreatment standards, the industrial user shall submit to Lake County the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the pretreatment standards.
1. The schedule for compliance shall, at a minimum, 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for the purchase of major components, commencing construction, completing construction, and the like).
2. No increment of progress referred to herein shall exceed nine months.
3. No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to Lake County 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 the delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to Lake County.
(c) The applicant shall provide any other information as deemed by Lake County to be necessary to evaluate the wastewater discharge permit application. After evaluation and acceptance of the data furnished, Lake County may issue a wastewater discharge permit subject to the terms and conditions provided herein.
(d) All wastewater discharge permit applications and industrial user 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 ensure 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."
(2) Wastewater discharge permit conditions. Wastewater discharge permit shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by Lake County. A wastewater discharge permit shall contain the following terms and conditions:
(a) A statement of duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years. The permittee shall file an application for renewal of its permit at least 90 days prior to expiration of the existing permit. The user shall apply on a form provided by Lake County for the reissuance of the permit. Upon reissuance, any applicable provisions of the permit issued during the term of the expiring permit shall be incorporated as conditions of the reissued permit.
(b) A statement of non-transferability. A wastewater discharge permit is issued to a specific user for the process activity specified in the permit. A 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 prior approval of Lake County. 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 Lake County 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. Lake County shall have the same remedies for violation of temporary permit as it has for violation of another permit.
(c) Effluent limitations, including best management practices, on average and maximum wastewater constituents and characteristics based upon the more stringent of federal, state, or local discharge limits as established by Lake County ordinances, which may include requirements for time, flow regulation or equalization prior to discharge for each separate discharge of the user.
(d) Specifications and requirements for the establishment of compliance monitoring programs which may include sampling locations, frequency of sampling, number and type of standard testing, submission of technical or discharge reports, or the installation and operation of monitoring facilities for each separate discharge of the user.
(e) Requirements to retain for a minimum of three years any records of monitoring activities and results relating to wastewater discharge and for affording Lake County access to said records in accordance with § 54.02(J).
(g) A compliance schedule(s), if necessary.
(h) Requirements for notification of accidental or deliberate discharge of pollutants which may cause problems in the Lake County Water Reclamation Facilities, including, but not limited to slug loadings, bypasses, upsets, or any violations in accordance with § 54.02(O).
(i) Requirements for industrial users to 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 in accordance with § 54.02(O)(2).
(j) Requirements for the industrial users to allow the Director or his or her representative ready access, upon presentation of credentials, at reasonable times to all parts of its premises in which a discharge source or treatment system is located or in which records required by this chapter are kept for the purpose of inspection, sampling, examination, and photocopying of said records and for the performance of any other duties in accordance with § 54.02(J).
(k) Other conditions as deemed appropriate by Lake County to ensure compliance with this chapter, state, and federal pretreatment standards and requirements.
(l) The terms and conditions of the wastewater discharge permit may be subject to modification by Lake County during the term of the permit as limitations or requirements of Lake County's pretreatment program are modified or other just cause exists. Where the national categorical pretreatment standards are modified by a removal allowance (40 CFR 407.7) or the combined waste stream formula (40 CFR 403.6(e)) or net/gross calculations (40 CFR 403.15) or fundamentally different factor variance for non-toxics (40 CFR 403.15) of the general pretreatment regulations, the limits as modified shall be made a part of the permit and shall be adjusted consistent with USEPA guidelines and regulations.
(3) Changes in conditions. In the event that the type, quality, or volume of wastewater from the property or which a wastewater discharge permit was previously granted is expected to materially and substantially change as reasonably determined by the user or Lake County, the user shall give a written 30-day notice to Lake County and shall submit a new application to Lake County prior to the change. Information previously submitted that has not changed does not need to be resubmitted by the user. No user shall materially and substantially change the type, quality, or volume of the wastewater beyond that allowed by its permit without the prior approval of Lake County.
(4) Plans and specifications. Detailed plans and specifications, prepared by an Illinois registered professional engineer, of the pretreatment facilities proposed to be constructed shall be submitted to Lake County for review and must be acceptable to Lake County before construction of the facility is commenced. The review of such plans shall in no way relieve the user from the responsibility of modifying the pretreatment facility as necessary to comply with this chapter. The user shall submit, within a reasonable time after the completion of the pretreatment facility, a copy of the facility's operations and maintenance procedures to Lake County.
(C) Denial of wastewater discharge permit application.
(1) No wastewater discharge permit shall be issued by Lake County to any person whose discharge of material to the sanitary sewers, whether shown upon his or her application or determined after an inspection and testing conducted by Lake County, is not in conformity with Lake County ordinances and regulations, or whose application for a wastewater discharge permit is incomplete or does not comply with the requirements of division (B) above. Lake County shall state the reason(s) for denial in writing, which shall be mailed or personally delivered to the applicant within five days after denial.
(2) If the application is denied, the user may submit within 30 days after receipt of the denial a written request for a just cause process to determine why the wastewater discharge permit should be granted pursuant to § 54.99(D).
(D) Reporting requirements for permittee.
(1) Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards, or in the case of a new source, within 45 days following commencement of the introduction of wastewater into the Lake County Water Reclamation Facilities, any user subject to pretreatment standards shall submit to Lake County a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional user operation and maintenance, pretreatment techniques or installations are necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user and shall be certified by an Illinois registered professional engineer.
(2) Self-monitoring report.
(a) Any user subject to an applicable pretreatment standard, after the compliance date of such applicable pretreatment standard (or, in the case of a new source, after discharge of wastewater into the Lake County Water Reclamation Facilities begins) shall submit to Lake County, on or before the 15th day of January and July each year and for the prior two calendar quarters, a certified report indicating the nature and concentration of pollutants in the effluent which are limited by such applicable pretreatment standards. In addition, this report shall include a record of measured or estimated average and daily wastewater flows for the reporting period. In cases where the pretreatment standard requires compliance with best management practice or pollution prevention alternative, the user must submit documentation required by the Director or his or her representative or the pretreatment standard necessary to determine the compliance status of the user.
(b) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that the sample results are unrepresentative of its discharge.
(c) If a user subject to the reporting requirement in this division (D) monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director or his or her representative, using the procedures prescribed in § 54.02(B), the results of this monitoring shall be included in the report in accordance with 40 CFR 403.12(g)(6).
(d) At the discretion of Lake County, and in consideration of such factors as a local high or low flow rate, holidays, budget cycles, Lake County may agree to alter the months during which self-monitoring reports are submitted.
(e) All measurements, tests, and analyses of the characteristics of wastewater to which reference is made in this division (D) shall be determined in accordance with 40 CFR 403.12(g), as amended from time to time.
(3) Industrial wastewater survey.
(a) Dischargers to any of the Lake County Public Works Wastewater Reclamation Facilities shall periodically be requested to complete and file a wastewater survey report. At a minimum, a description of processes and wastewater characteristics for the facility will be required to be submitted or updated. The survey may serve as the wastewater discharge permit application or permit renewal documentation.
(b) The completed survey shall include information necessary for Lake County to make decisions on the applicability of any regulations and requirements of Lake County Public Works, State of Illinois and the federal government.
(c) Nonresidential dischargers may be required to file the wastewater survey report upon request by the Director.
(d) Prior to issuing a wastewater discharge permit, Lake County Public Works shall classify nonresidential discharges into one of the following categories based on the response from the survey, and/or physical site inspection:
1. Industrial user (IU). A facility that has waste other than domestic waste with flow less than 25,000 gpd average daily flow when in operation;
2. Categorical industrial user (CIU). These are industries that are defined by the federal code as being subject to national categorical pretreatment standards. They operate a regulated process that utilizes water that if discharged to the sanitary sewer are known to cause pass through or interfere with the treatment process. Since this is a regulated waste, they are required to meet the discharge limits set forth in the regulation. The intent is to insure such discharge meets Lake County Public Works local limits as well as the federal limits.
3. Significant industrial user (SIU). A significant industrial user discharges process wastewater to the sanitary sewer where the flow (volume of wastewater) is greater than or equal to 25,000 gpd average daily flow when in operation, or contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the receiving treatment plant, or is designated significant by Lake County Public Works on the basis that the industrial user has a reasonable potential for adversely affecting the treatment operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
4. Categorical industrial user with zero discharge (CIU-0). These are industries that:
a. Operate a regulated process that generates categorical wastewaters on site as defined by the federal code for national categorical pretreatment standards. And has opted not to discharge the waste stream to the sanitary sewer. The spent waste stream may be hauled off site for treatment or the process wastewater is treated and re-used; or
b. Do not utilize water and it does not have the potential to discharge regulated categorical process wastewater.
(4) Baseline monitoring reports. Industrial users subject to national categorical pretreatment standards shall submit to Lake County a complete baseline monitoring report meeting the requirements set forth in 40 CFR 403.12(b).
(a) Existing industrial users currently discharging to or scheduled to discharge into the Lake County Water Reclamation Facilities shall submit a baseline monitoring report within 180 days after the effective date of a national categorical pretreatment standard or 180 days after the final administrative decision made upon a categorical determination submission, whichever is later.
(b) New sources and sources that become industrial users subsequent to the promulgation of an applicable national categorical pretreatment standard shall submit a baseline monitoring report at least 90 days prior to the commencement of discharge.
(E) Bypass.
(1) An industrial user may allow any bypass to occur which does not violate any pretreatment standards or requirements, but only if such bypass is for essential maintenance to ensure efficient operation. Such bypasses are not subject to §§ 54.99(E)(2) and (E)(3).
(2) Notice.
(a) If an industrial user knows in advance of the need for a bypass, it shall submit prior written notice to Lake County, if possible, at least ten days prior to the date of the bypass.
(b) An industrial user shall verbally notify Lake County of an unanticipated bypass that exceeds applicable pretreatment standards or requirements. Such notice shall be given within 24 hours of the industrial user becoming aware of such a bypass. The industrial user shall, within five days of becoming aware of such a bypass, submit a written report to Lake County containing: a description of the bypass and its cause; the duration of the bypass, including exact times and dates; and, if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent a recurrence of the bypass.
(3) Prohibition of bypass.
(a) Bypass is prohibited, and Lake County may take enforcement against a user for a bypass unless:
1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and
2. There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of wastewater, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate back-up equipment should have been installed to prevent bypass which occurred during normal periods of equipment down time or preventative maintenance; and
3. The user submitted notices as required by § 54.99(E)(2).
(a) Lake County may approve an anticipated bypass, after considering its adverse effects, if Lake County determines that the bypass will meet the three conditions required by § 54.99(E)(3)(a).
(F) Upsets.
(1) An upset shall constitute an affirmative action defense to an action brought for noncompliance with the national categorical pretreatment standards if the requirements contained within this division (F) are met.
(2) An industrial user who wishes to establish the affirmative action defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred, and the industrial user can identify the specific cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(c) The industrial user has submitted the following information to Lake County verbally, within 24 hours of becoming aware of the upset, and in writing, within five days of becoming aware of the upset:
1. A description of the upset and the cause(s) of noncompliance; and
2. The period of non-compliance, including exact dates and times; and, if not already corrected, the anticipated time the non-compliance is expected to continue; and
3. The steps being taken and/or planned to reduce, eliminate, and prevent the recurrence of the non-compliance.
(3) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of upset shall have the burden of proof.
(4) User responsibility in case of upset. The industrial user shall control production or all 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.
(G) Wastewater discharge permit revocation. Any industrial user who is found to have violated any provision of this chapter, wastewater discharge permit, enforcement remedy issued under § 54.99
, or any other pretreatment standard(s) or requirement(s), is subject to having its wastewater discharge permit revoked.
(1) Wastewater discharge permit shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
(2) Following an order of revocation, the industrial user shall immediately cease discharging into the Lake County Water Reclamation Facilities. Failure of the industrial user to comply voluntarily with the order shall be evidence of continuing harm to the Lake County Water Reclamation Facilities and provide grounds for escalated enforcement actions to be taken by Lake County in accordance with § 54.99, or any such steps as deemed necessary by Lake County, including immediate severance of the sewer connection, to prevent or minimize damage to the Lake County Water Reclamation Facilities or danger to any individuals or to the environment.
(3) The Director or his or her representative shall reinstate the wastewater discharge permit and/or allow the industrial user to resume its discharge following a show cause hearing held in accordance with § 54.99.
(Ord. 19-1394, passed 9-10-2019)