(A) Provision and location. The Lockport Sanitary Sewer Department shall utilize and access monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. These facilities shall be provided at the industrial user's expense. Where required by the Lockport Sanitary Sewer Department, 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 pretreatment standards. The monitoring facility should normally be situated on the user's premises, but the Lockport Sanitary Sewer Department may, when such a location would be impractical or cause undue hardship on the user, 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) Sampling chamber.
(1) Whenever required by the Lockport Sanitary Sewer Department, the owner of any property serviced by a building sewer carrying non-residential wastewater shall install a large manhole or sampling chamber for each separate discharge in the building sewer in accordance with plans and specifications approved by the Superintendent, installed and maintained at all times at user's expense, which shall have ample room in each sampling chamber to permit the Lockport Sanitary Sewer Department to take accurate composite samples for analysis. The chamber shall be safely, easily and independently accessible to authorized representatives of the Lockport Sanitary Sewer Department.
(2) Each sampling chamber shall contain a flow measuring device which is approved by the Lockport Sanitary Sewer Department with a recording and totalizing register for measurement of the liquid quantity; or at the discretion of the Lockport Sanitary Sewer Department the metered water supply to the industrial plant may be used as the liquid quantity where it is substantiated to the Superintendent that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment agreed to by the Lockport Sanitary Sewer Department is made in the metered water supply to determine the liquid waste quantity.
(3) When required, samples shall be taken every hour or half hour, as determined by the Lockport Sanitary Sewer Department and properly refrigerated and preserved in accordance with Standard Methods and shall be composited in proportion to the flow for a representative 24 hour sample. Such sampling shall be done as prescribed by the Lockport Sanitary Sewer Department.
(4) The frequency for sampling, sampling chamber, metering device, sampling methods and analyses of samples shall be subject, at any time, to inspection and verification by the Lockport Sanitary Sewer Department.
(C) Monitoring facilities. 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 concentration which may cause interference with the wastewater utility system process or operation, shall provide and maintain at all times a monitoring facility at each applicable building sewer discharge which will allow for inspection, sampling and flow measurement of the discharge to the POTW 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.
(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 Lockport Sanitary Sewer Department may allow the facility to be constructed in a public street or sidewalk area. 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.
(2) Monitoring facilities located in public streets or sidewalks shall not obstruct the flow of traffic. All monitoring facilities must meet all local and Lockport Sanitary Sewer Department construction codes and must be approved by the Lockport Sanitary Sewer Department 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 Lockport Sanitary Sewer Department at all times upon presentation of suitable identification provided that authorized representatives of the Lockport Sanitary Sewer Department personnel shall under exceptional circumstances have access upon presentation of suitable identification at any time discharges are occurring.
(4) The entrance or manhole to such monitoring facilities shall be secured by a breakaway key type locking device installed by the Lockport Sanitary Sewer Department. The Lockport Sanitary Sewer Department shall have the only key to said locking device and have complete control of access to the monitoring facility. When required during the weekday hours of 7:00 a.m. to 3:30 p.m. by an industrial user, LSSD 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 Superintendent. This determination shall be made when requested by the industrial user.
(5) The monitoring facilities shall contain the following equipment installed in a permanently fixed position by the industrial user:
(a) A flow measuring device incorporated into the invert with approval by the Lockport Sanitary Sewer Department.
(b) A 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 Lockport Sanitary Sewer Department and furnished by user.
(6) Automatic composite sampling devices provided by the Lockport Sanitary Sewer Department shall be installed and operated in the monitoring facility on a 24 hour basis seven days per week. Samples will be collected by Lockport Sanitary Sewer Department personnel five days per week and analyzed on a routine basis. The Lockport Sanitary Sewer Department will provide a split of each sample taken from said monitoring facility upon written request of the industrial user.
(D) Inspection and sampling.
(1) The Lockport Sanitary Sewer Department may inspect the facilities of any user to ascertain compliance with this chapter. Persons or occupants of premises where a discharge source or treatment system is located or in which records are kept shall allow the Lockport Sanitary Sewer Department or its representative ready access upon presentation of credentials at all reasonable times to all parts of the premises for the purposes of inspection, sampling, examination and photocopying of records required to be kept by this chapter or in the performance of any of their duties.
(2) The LSSD, IEPA, USEPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with his security guards so that upon presentation of suitable identification, personnel from the Lockport Sanitary Sewer Department, IEPA, USEPA, will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Such arrangements shall be made by users with their security guards within 30 days of the passage of this chapter.
(3) While performing the necessary work on private properties referred to in this chapter, the duly authorized Lockport Sanitary Sewer Department employees personnel shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Lockport Sanitary Sewer Department and the Lockport Sanitary Sewer Department indemnify the user against loss or damage to its property by Lockport Sanitary Sewer Department employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions. The Lockport Sanitary Sewer Department and industrial users shall maintain records of all information resulting from any monitoring activities required by this chapter and shall include:
(a) The date, exact place, method and time of sampling and the names of the person or persons taking the samples;
(b) The dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques/methods used and;
(e) The results of such analyses.
(4) The Lockport Sanitary Sewer Department 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 Lockport Sanitary Sewer Department pretreatment program or when requested by the Regional Administrator of the Director of IEPA.
(E) Right of entry: inspection and sampling. The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) Where the user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Superintendent shall have the right to set up on the user's property, or require installation of, such devices as necessary to conduct sampling and/or metering of the user's operations.
(3) The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(4) 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 Superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.
(5) Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this chapter.
(F) Search warrants. If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent may seek issuance of a search warrant from the Lockport Will County Court.
(G) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by regulations, statutes, and ordinances whichever is more stringent. Any facilities required to pre-treat wastewater to a level acceptable to the Lockport Sanitary Sewer Department shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Lockport Sanitary Sewer Department for review, and shall be acceptable to the Lockport Sanitary Sewer Department and IEPA before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Lockport Sanitary Sewer Department under the provisions of this chapter. The user shall obtain all necessary construction and operating permits from IEPA. Such pretreatment facilities shall be under the control and direction of an IEPA certified industrial wastewater treatment plan operator. Within a reasonable time after the completion of the pretreatment facility, the user shall furnish its operations and maintenance procedures to the Lockport Sanitary Sewer Department for review. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Lockport Sanitary Sewer Department prior to the user's initiation of the changes.
(2) All records relating to compliance with categorical pretreatment standards shall be made available to the approval authority upon request.
(H) Confidential information.
(1) Information and data relating to an industrial user obtained from reports, surveys, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user under applicable state law. Copies of information from Lockport Sanitary Sewer Department files shall be provided to persons so requesting upon payment of a copy fee established by the Lockport Sanitary Sewer Department.
(2) When requested by the person furnishing a report, and until such time as the information is determined not to be confidential by agreement between the Lockport Sanitary Sewer Department and the user, 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. Information and data provided to the Lockport Sanitary Sewer Department which is effluent data shall be available to the public without restriction. Wastewater constituents and other effluent data, as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public restriction.
(3) Information accepted by the Lockport Sanitary Sewer Department as confidential, shall not be transmitted to any governmental agency by the Lockport Sanitary Sewer Department until and unless a 30-day notification is given to the user.
(4) The Lockport Sanitary Sewer Department shall implement measures to prevent the negligent release of confidential information; however, neither the Lockport Sanitary Sewer Department nor its employees shall be held legally responsible for release of information if they have acted in good faith.
(I) Publication of users in significant noncompliance. The Superintendent shall publish annually, in the newspaper of general circulation that provides meaningful public notice within jurisdictions served by the POTW published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six month period exceed by any magnitude a numeric pretreatment standard including instantaneous limits for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by §§ 55.010 through 55.013 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard requirement that the Superintendent believes has caused, along or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of pollutants that have caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which may include a violation of Best Management Practices which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(J) Sludge generated. Sludge, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the POTW. Such sludge shall be contained, transported, and disposed of by haulers in accordance with all federal, state, and local regulations.
(Ord. 16-005, passed 5-18-16)