(A) Wastewater Discharges: It shall be unlawful for any significant industrial user to discharge without an NPDES or KMU permit to any natural outlet within the village of Manteno, or in any area under the jurisdiction of the city of Kankakee, and/or to the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this chapter.
(B) Wastewater Surveys: When requested by the superintendent a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter.
(C) Wastewater Discharge Permit Requirement:
1. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the superintendent, except that a significant industrial user that has filed a timely application pursuant to this chapter may continue to discharge for the time period specified therein.
2. The superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
3. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in sections 6-6-2 and 6-6-6 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
4. The utility will be responsible for the administration of processing wastewater discharge permits and applications.
(D) Wastewater Discharge Permitting; Existing Connections: Any user required to obtain a wastewater discharge permit, who has not previously had one, who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the superintendent for a wastewater discharge permit in accordance with subsection (F) of this section, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the superintendent.
(E) Wastewater Discharge Permitting; New Connections: Any user required to obtain a wastewater discharge permit who proposed to begin or recommence discharging to the POTW must obtain a permit prior to the beginning or recommencing the discharge. An application for this wastewater discharge permit, in accordance with subsection (F) of this section, must be filed ninety (90) days prior to the date upon which any discharge will begin or recommence.
(F) Wastewater Discharge Permit Application Contents: In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by subsection (C)2 of this section. The superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
1. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
2. Number and type of employees, hours of operation, and proposed or actual hours of operation of the industrial user.
3. Each product produced by type, amount, process or processes, and rate of production.
4. Type and amount of raw materials processed (average and maximum per day).
5. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge.
6. Time and duration of the discharge.
7. Any other information as may be deemed necessary by the superintendent to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
(G) Application Signatories And Certification: All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(H) Wastewater Discharge Permit Decisions: The superintendent will evaluate the data furnished by the industrial user and may require additional information. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The superintendent may deny any application for a wastewater discharge permit.
(I) Wastewater Discharge Permit Issuance Process: Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the superintendent to prevent pass-through or interference, protect the quality of the water body receiving the POTW's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW.
1. Wastewater discharge permits must contain the following conditions:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years.
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to, and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(c) Effluent limits applicable to the user based on applicable standards in federal, state and local law.
(d) Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.
(e) 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.
2. Wastewater discharge permits 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) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
(c) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designated to reduce, eliminate, or prevent the introduction of pollutants into the POTW.
(d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.
(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(f) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the sanitary sewers.
(g) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(h) A statement that compliance with the wastewater discharge 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 wastewater discharge permit.
(i) Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(J) IEPA Permit Requirements: Nothing in this chapter shall exempt or in any way relieve an industrial user from obtaining construction and operating permits for pretreatment facilities from the IEPA pursuant to title 35: environmental protection, subtitle C: water pollution, chapter 1: pollution control board, part 309, subpart B of the state of Illinois rules and regulations.
(K) Wastewater Discharge Permit Appeals: Any person including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within sixty (60) days of its issuance.
1. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
2. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
4. If the city fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review.
5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate court of proper jurisdiction and within the appropriate statutes of limitations.
(L) Wastewater Discharge Permit Modification: The superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following:
1. To incorporate any new or revised federal, state or local pretreatment standards or requirements.
2. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance.
3. A change in the POTW requires either a temporary or permanent reduction or elimination of the authorized discharge.
4. Information indicating that the permitted discharge poses a threat to the city's sanitary sewers, city's personnel, POTW or the receiving waters.
5. Violation of any terms or conditions of the wastewater discharge permit.
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
8. To correct typographical or other errors in the wastewater discharge permit.
The filing of a request by the permittee for a wastewater discharge permit modification does not exempt any wastewater discharge permit condition.
(M) Wastewater Discharge Permit Transfer: Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days' advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a written certification by the new owner and/or operator which:
1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.
2. Identifies the specific date on which the transfer is to occur.
3. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of the facility transfer.
(N) Change In Conditions: In the event the type, quality or volume of wastewater from the property for which a discharge permit was previously granted is expected to materially and substantially change as reasonably determined by the permittee or KMU, the permittee shall give a thirty (30) day notice in writing to KMU and shall make a new application to KMU prior to said change, in the same manner and form as originally made, provided that information previously submitted and unchanged need not be resubmitted by permittee. No permittee shall materially and substantially change the type, quality or volume of its wastewater beyond that allowed by its permit without prior approval of KMU.
(O) Permits Duration: Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. Within ninety (90) days of notification, the user shall apply, on a form provided by the POTW, for reissuance of the permit. The terms and conditions of the permit may be subject to modification by KMU during the term of the permit as limitations or requirements identified in section 6-6-2 of this chapter are modified or as other just causes exist. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(P) Plans And Specifications: Detailed plans and specifications prepared by an Illinois registered professional engineer of the pretreatment facility proposed to be constructed shall be submitted to KMU for review and must be acceptable to KMU before construction of the facility is commenced. The review of such plans shall in no way relieve the user from the responsibility of modifying its facility as necessary to comply with this chapter. Within a reasonable time after the completion of the wastewater treatment facility, the user shall furnish its operations and maintenance procedures to KMU for review.
(Q) Reporting Requirements For Permittee:
1. Baseline Monitoring Reports:
(a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to KMU a report which contains the information listed in subsection (Q)1(b) of this section. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to KMU a report which contains the information listed in subsection (Q)1(b) of this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(b) The industrial user shall submit the information required by this section including:
(1) Identifying Information: The name and address of the facility including the name of the operator and owners.
(2) Environmental Permits: A list of any environmental control permits held by or for the facility.
(3) Description Of Operations: A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
(4) Flow Measurement: Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
(5) Measurement Of Pollutants:
A. Identify the categorical pretreatment standards applicable to each regulated process.
B. Submit the results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by KMU, or regulated pollutants in the discharge from each regulated process. Where required, instantaneous daily maximum and long term average concentrations or mass shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out by KMU.
C. Sampling must be performed in accordance with procedures set out by KMU.
(6) Certification: A statement reviewed by the industrial user's authorized representative and certified by a qualified professional indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(7) Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall be no later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this schedule must meet the requirements set out in subsection (Q)9 of this section.
(8) Reports Signed And Certified: All baseline monitoring reports must be signed and certified in accordance with subsection (G) of this section.
2. Reports On Compliance With Categorical Pretreatment Standard Deadline: Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, within forty five (45) days following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and pretreatment requirements shall submit to the superintendent, on forms provided by KMU, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards and requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards and pretreatment requirements. This statement shall be signed by an authorized representative of the user, and certified to by a qualified professional as defined in "general pretreatment regulations". All compliance reports must be signed and certified in accordance with subsection (G) of this section.
3. Periodic Compliance Reports:
(a) Any user subject to a pretreatment standard, after the compliance date of such applicable pretreatment standards, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the superintendent during the months of July and January, unless required more frequently in the categorical pretreatment standard or by pollutants in the effluent which are limited by such applicable pretreatment standards. In addition, this report shall include a record of all measured or estimated average and maximum daily flows for the reporting period. At the discretion of the superintendent and in consideration of such factors as local high and low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted.
(1) Exceptions: Exception to this reporting requirement would be for any significant user who does not perform self-monitoring on their discharge. Instead, KMU performs the service of monitoring their discharge at least twice a year. A compliance report is only required if the significant user is regulated by mass based limitations.
(b) The superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or pretreatment requirements, or in other cases, where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (Q)3(a)(1) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable categorical pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standards. All analyses shall be performed in accordance with the procedures established by the administrator pursuant to section 304(h) of the act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the superintendent. Sampling shall be performed in accordance with the techniques approved by the superintendent. Where 40 CFR part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling And Analysis Procedures For Screening Of Industrial Effluents For Priority Pollutants, April, 1977", analytical procedures approved by the superintendent.
4. Late Filing Charge: Any user subject to the reporting requirements set forth in the general pretreatment regulations 40 CFR 403 or its industrial wastewater discharge permit as issued in accordance with subsection (I) of this section must file their report within thirty (30) days after receipt of the proper reporting form and sampling data from KMU. Extensions of this time period may be granted by the superintendent upon written request by the user. Failure to comply with this provision will result in a fine of one hundred dollars ($100.00). Additional fines will be issued at thirty (30) day intervals until the report is properly filed or a time extension is granted by the superintendent. Repeated or continued failure to comply with this provision is grounds for enforcement.
5. Report Of Potential Problems:
(a) In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in subsection 6-6-2(A) of this chapter), it is the responsibility of the industrial user to immediately telephone and notify KMU of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
The following procedures shall be followed:
(1) Accidental discharges that contain pollutants that exceed the permitted limit by ten (10) times shall be reported.
(2) Accidental discharges that may cause permanent damage to the collection or treatment system shall be reported immediately. These discharges include, but are not limited to, pollutants that may cause a fire or explosion hazard in the collection system, pH of 2 or less or 12.5 or greater for longer than ten (10) minutes, any pollutant that will increase the concentration in the influent to the POTW enough to have a decrease in treatment efficiency.
(3) During normal business hours (7:00 A.M. to 4:00 P.M.), the permittee shall notify KMU by telephone at 933-0446. At all times, KMU should be notified by leaving a message with KMU's twenty four (24) hour dispatch at 933-0446 after four o'clock (4:00) P.M., Monday through Friday, or weekend and holidays. The notification shall include the name of the person making the call, the telephone number where said person can be reached, location of discharge, date and time thereof, type of waste, including concentration, and volume and corrective action taken.
(4) The party making the call shall be available by phone for a minimum of fifteen (15) minutes after the notification is made. This is so that a member of KMU may contact the industry representative for more information, if necessary.
(b) Within five (5) days following such discharge, the industrial user shall, unless waived by the superintendent, submit a detailed written report describing the cause(s) of the discharge and the measure to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this chapter.
(c) Failure to notify KMU of potential problem discharges shall be deemed a separate violation of this chapter.
(d) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (Q)5(a) of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure.
6. Reports From Nonsignificant Industrial Users: All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to KMU as the superintendent may require.
7. Notice Of Violation/Repeat Sampling And Reporting: If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within twenty four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to KMU within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if KMU performs monitoring at the industrial user's at least once a month, or if KMU performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.
8. Notification Of The Discharge Of Hazardous Waste:
(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: An identification of the hazardous constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this subsection (Q)8(a) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (Q)5 of this section. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (Q)1, (Q)2 and (Q)3 of this section.
(b) Discharges are exempt from the requirements of subsection (Q)8(a) of this section, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a onetime notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c) In the case of any new regulations under section 3001 of the RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the superintendent, the EPA regional waste management waste division director, the state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(d) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law.
9. Compliance Schedule Progress Report: The following condition shall apply to the schedule required by this subsection (Q). The schedule shall contain progress increments 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 (such events including hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting route operation). No increment referred to above shall exceed nine (9) months. The industrial user shall submit a progress report to the superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the superintendent.
(R) Analytical Requirements: All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report, shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
1. Sample Collection:
(a) Except as indicated in subsection (R)1(b) of this section, the user must collect wastewater samples using composite collection techniques. In the event composite sampling is infeasible, the superintendent may authorize the use of a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenol, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
2. Timing: Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States postal service, the date of receipt of the report shall govern.
3. Record Keeping: Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques of methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city or where the user has been specifically notified of a longer retention period by superintendent.
(S) Monitoring Facilities:
1. Provision And Location: KMU shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. Where required by KMU, 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 KMU 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. However, before a monitoring facility may be located in the public street or sidewalk area, the user must seek and obtain permission from the village of Manteno.
2. Sampling Chamber:
(a) Whenever required by KMU, the owner of any property serviced by a building sewer carrying nonresidential 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 KMU to take accurate composite samples for analysis. The chamber shall be safely, easily and independently accessible to authorized representatives of KMU.
(b) Each sampling chamber shall contain a flow measuring device which is approved by KMU with a recording and totalizing register for measurement of the liquid quantity; or at the discretion of KMU, 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 KMU is made in the metered water supply to determine the liquid waste quantity.
(c) When required, samples shall be taken every hour or half hour, as determined by KMU and properly refrigerated and preserved in accordance with "standard methods" as defined herein and shall be composed in proportion to the flow for a representative twenty four (24) hour sample. Such sampling shall be done as prescribed by KMU.
(d) 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 KMU.
3. 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 of each building sewer discharge, which contains or has the potential to contain incompatible priority pollutants.
(a) 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, KMU may allow the facility to be constructed in a public street or sidewalk area with the expressed permission of the village of Manteno. Said facility shall be located so that samples may be taken safety and easily and shall not be obstructed by landscaping, parked vehicles or other activities of the industrial user.
(b) Monitoring facilities located in public streets or sidewalks shall not obstruct the flow of traffic. All monitoring facilities must meet all local and KMU construction codes and must be approved by KMU and the village of Manteno prior to construction.
(c) 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 KMU at all times upon presentation of suitable identification provided that authorized representatives of KMU personnel shall under exceptional circumstances have access upon presentation of suitable identification at any time discharges are occurring.
(d) The entrance or manhole to such monitoring facilities shall be secured by a breakaway key type locking device installed by KMU. KMU 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 seven o'clock (7:00) A.M. to four o'clock (4:00) P.M. by an industrial user, KMU personnel shall be available to open the monitoring facilities on ninety (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.
(e) The monitoring facilities shall contain the following equipment installed in a permanently fixed position by the industrial user:
(1) A flow measuring device incorporated into the invert with approval by KMU.
(2) 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 KMU and furnished by user.
(f) Automatic composite sampling devices provided by KMU shall be installed and operated in the monitoring facility on a twenty four (24) hour basis seven (7) days per week. Samples will be collected by KMU personnel five (5) days per week and analyzed on a routine basis. KMU will provide a split of each sample taken from said monitoring facility upon written request of the industrial user.
4. Inspection And Sampling: KMU may inspect the facilities of any user to ascertain compliance with this chapter. Persons or occupants of the premises where a discharge source or treatment system is located or in which records are kept shall allow KMU 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.
KMU, IEPA, USEPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspections, 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 its security guards so that upon presentation of suitable identification, personnel from KMU, IEPA, USEPA, will be permitted to enter, without delay, for the purposes of performing its specific responsibilities. Such arrangements shall be made by users with their security guards within thirty (30) days of the passage of this chapter.
While performing the necessary work on private properties referred to in this chapter, the duly authorized KMU 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 KMU and KMU indemnify the user against loss or damage to its property by KMU 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 for failure of the company to maintain safe conditions.
KMU 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.
KMU and industrial users shall maintain such records for a minimum of three (3) 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 KMU's pretreatment program or when requested by the regional administrator or the director of IEPA.
5. 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.
(a) 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.
(b) 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.
(c) 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.
(d) Any temporary or permanent obstructions 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 borne by the user.
(e) Unreasonable delays in allowing the superintendent access to the user's premises shall be a violation of this chapter.
6. 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 Kankakee County court.
7. Pretreatment: 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. Any facility required to pretreat wastewater to a level acceptable to KMU shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to KMU for review, and shall be acceptable to KMU and IEPA before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to KMU 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 plant operator. Within a reasonable time after the completion of the pretreatment facility, the user shall furnish its operations and maintenance procedures to KMU for review. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to KMU prior to the user's initiation of the changes.
All records relating to compliance with categorical pretreatment standards shall be made available to the approval authority upon request.
8. Confidential Information: 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 KMU files shall be provided to persons so requesting upon payment of a copy fee established by KMU.
When requested by the person furnishing a report, and until such time as the information is determined not to be confidential by agreement between KMU 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 KMU which is effluent data shall be available to the public without restriction.
Information accepted by KMU as confidential, shall not be transmitted to any governmental agency by KMU until and unless a thirty (30) day notification is given to the user.
KMU shall implement measures to prevent the negligent release of confidential information; however, neither KMU, the village of Manteno nor their employees shall be held legally responsible for release of information if they have acted in good faith.
9. Publication Of Users In Significant Noncompliance: The superintendent shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:
(a) "Chronic violations of wastewater discharge limits", defined herein as those in which sixty six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(b) "Technical review criteria (TRC) violations", defined herein as those in which thirty three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) Any other discharge violation 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;
(d) Any discharge of pollutants that has 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;
(e) Failure to meet, within ninety (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;
(f) Failure to provide within thirty (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;
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s) which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
10. Sludges Generated: Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the POTW. Such sludges shall be contained, transported, and disposed of by haulers in accordance with all federal, state, and local regulations.
In special cases where such sludges may be compatible with the POTW treatment system, the superintendent may accept, for a charge, a particular sludge to be placed into the POTW in a particular method.
Sludges shall only be delivered between seven o'clock (7:00) A.M. and three thirty o'clock (3:30) P.M.
A representative sample of each load of sludge shall be taken by POTW personnel. The sample shall be split and a portion of it shall be given to the industrial user if so requested, in writing. The sample shall be analyzed for compatible pollutants in accordance with standard methods. The superintendent may alter the frequency of sampling and the extent of the analysis if the characteristics of sludge from a particular user are found to be consistent and not variable.
The POTW reserves the right to discontinue acceptance of sludges at any time, for any duration, without notice. (Ord. 06-70, 2-20-2007)