(A) Individual wastewater discharge and general permit duration. An individual wastewater discharge permit or a general permit shall be issued for a specified time period not to exceed 5 years. An individual wastewater discharge permit or a general permit may be issued for a period of less than 5 years, at the discretion of the Superintendent. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.
(B) Individual wastewater discharge permit and general permit contents. An individual wastewater discharge permit or a general permit shall include such conditions as are reasonably deemed reasonably necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW. Such conditions shall include, but not necessarily be limited to any such condition described in any Pretreatment Implementation Review Task Force (PIRT) amendments and/or Domestic Sewage Study (DSS) amendments, as required by the Illinois Environmental Protection Agency (IEPA) and/or the United States Environmental Protection Agency (USEPA).
(1) Individual wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit issuance date, expiration date and effective date. (See division (A) of this section.)
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city in accordance with division (E) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(c) Effluent limits, including best management practices, based on applicable pretreatment standards. (Note: Required streamlining rule change.)
(d) Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.
(e) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 51.33(D). Section 51.31(E) includes an instruction to the permittees to include requests for a new (or renewal of an existing) monitoring waiver for a pollutant neither present nor expected to be present in the discharge. See 40 C.F.R. 403.12(e)(2).
(f) A statement of applicable civil, criminal, and administrative 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.
(g) Requirements to control slug discharge, if determined by the Superintendent to be necessary. (Note: Required streamlining rule change.)
(h) Any grant of the monitoring waiver by the Superintendent (see § 51.33(D)) must be included as a condition in the user’s permit or other control mechanism.
(2) Individual wastewater discharge permits or a general permit may contain, but need not be limited to the following:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(b) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, or eliminate, or prevent the introduction of pollutants into the treatment works.
(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.
(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharge to the POTW.
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.
(g) A statement that compliance with the individual wastewater discharge permit or a general permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit or a general permit.
(h) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this subchapter, and state and federal laws, rules, and regulations.
(C) Permit issuance process.
(1) Public notification. The Superintendent will publish in an official government publication and/or newspapers of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on a Web page, a notice to issue a pretreatment permit, at least 5 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(2) Permit appeals. The Superintendent shall provide public notice of the issuance of an individual wastewater discharge permit or a general permit. Any person, including the user, may petition the Superintendent to reconsider the terms of an individual wastewater discharge permit or a general permit within 30 days of notice of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(b) In its petition, the appealing party must indicate the individual wastewater discharge permit or a general permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit or a general permit.
(c) The effectiveness of the individual wastewater discharge permit or a general permit shall not be stayed pending the appeal.
(d) If the Superintendent fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit or a general permit, not to issue an individual wastewater discharge permit or a general permit, or not to modify an individual wastewater discharge permit or a general permit shall be considered final administrative actions for purposes of judicial review.
(e) Aggrieved parties requesting judicial review of the final administrative individual wastewater discharge permit or general permit decision must do so by filing a complaint with the Circuit Court of the Thirteenth Judicial Circuit of the State of Illinois, LaSalle County, within 30 days of said final administrative decision.
(D) Permit modification.
(1) The Superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(b) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of an individual wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters. (Note: The control authority should consider threats to the POTW’s beneficial sludge use.);
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. 403.13;
(h) To correct typographical or other errors in the individual wastewater discharge permits; or
(i) To reflect a transfer of the facility ownership and/or operation to a new owner or operator where requested in accordance with division (E) of this section.
(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any individual or a general permit wastewater discharge permit condition.
(3) The Superintendent may modify a general permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(c) To correct typographical or other errors in the individual wastewater discharge permit; or
(d) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with division (E) of this section.
(E) Individual wastewater discharge permit and general permit transfer.
(1) Individual wastewater discharge permits or coverage under the general permit may be transferred to new owner and/or operator only if the permittee gives at least 30 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit or the general permit coverage transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:
(a) States that the new owner and/or operator have no immediate intent to change the facility’s operation and processes;
(b) Identifies the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.
(2) Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.
(F) Individual wastewater discharge permit and general permit revocation.
(1) The Superintendent may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the Superintendent of a changed condition pursuant to § 51.33(E);
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports and certification statements;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Superintendent timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of a permitted facility; and
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the general permit or this subchapter.
(2) Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.
(G) Individual wastewater discharge permit and general permit reissuance. A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 51.31(E), a minimum of 60 days prior to the expiration of the user’s existing individual wastewater discharge permit or general permit.
(H) Regulation of waste received from other jurisdictions.
(1) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Superintendent shall enter into an intermunicipal agreement with the contributing municipality.
(2) Prior to entering into an agreement required by division (1), above, the Superintendent shall request the following information from the contributing municipality:
(a) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(b) An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(c) Such other information as the Superintendent may deem necessary.
(3) An intermunicipal agreement, as required by division (1), above, shall contain the following conditions:
(a) A requirement for the contributing municipality to adopt a sewer use ordinance and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in § 51.26. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
(b) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(c) A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection, and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;
(d) A requirement for the contributing municipality to provide the Superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(e) Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW;
(f) Requirements for monitoring the contributing municipality’s discharge;
(g) A provision ensuring the Superintendent access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Superintendent; and
(h) A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(4) Note: Where the contributing municipality has primary responsibility for permitting, compliance monitoring, or enforcement, the intermunicipal agreement should specify that the municipality (in which the POTW is located) has the right to take action to enforce the terms of the contributing municipality’s ordinance or to impose and enforce pretreatment standards and requirements directly against dischargers in the event the contributing jurisdiction is unable or unwilling to take such action.
(Ord. 1401, passed - -; Ord. 1627, passed - -; Ord. 1767, passed - -; Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)