The city of Kankakee shall be the entity with charge of enforcing this chapter pursuant to its home rule powers and jurisdiction. The provisions of this chapter are in repetition of those passed by the city of Kankakee, pursuant to its home rule powers, in its utility ordinance. The provisions in the city's utility ordinance are made applicable to users within the village of Manteno by and through this chapter. Where any provision in this chapter is found to be legislation not within the governmental powers or affairs of the village of Manteno or preempted, the provisions of the city's utility ordinance shall be applicable to users in the village of Manteno pursuant to its home rule powers and jurisdiction.
(A) Notification Of Violation: When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of this notice, the user shall submit an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, to the superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Administrative Proceedings: Whenever the superintendent determines that wastewater is being or has been discharged into the POTW, and when, in the opinion of the superintendent, such discharge violates this chapter, the superintendent shall by conference, conciliation or persuasion, make a reasonable effort to eliminate or remedy such violation. If these efforts have been unsuccessful, the superintendent shall use an administrative enforcement remedy.
(C) Consent Orders: The superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such document shall have the same force and effect as the administrative orders issued pursuant to sections of this chapter and shall be judicially enforceable.
(D) Show Cause Hearing:
1. Notice Of Hearing: The superintendent may request a show cause hearing. The city through its city council may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause why the proposed enforcement action should not be taken.
The city council may itself order the hearing or may designate any of its members or officers or employees to order the hearing. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council or its designated person, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council or its designated person why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or be mailed by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. The notice of the hearing may be served on any agent or officer of a corporation. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
2. Hearing Officials: The city council or its designated person may itself conduct the hearing and take the evidence to:
(a) Issue, in the name of the city council, notices of hearing, request the attendance and testimony of witnesses, and request the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence;
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.
3. Transcripts: At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
4. Issuance Of Orders: After the city council or its designated person has reviewed the evidence, it may issue an order to the user responsible for the discharge directing either: a) that the discharge permit be revoked and the service be disconnected or b) that following a specified time the permit shall be revoked and sewer service discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and operated properly to comply with the discharge permit or c) direct the user to cease the unauthorized discharge effective after a specified period of time or d) that such other relief as deemed necessary by the POTW to abate the discharge be granted. Further orders and directives as are necessary may be issued.
(E) Compliance Orders: When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(F) Emergency Suspensions: The superintendent may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
1. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event a user fails to immediately comply voluntarily with the suspension order, the superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed, unless the termination proceedings in subsection (I) of this section are initiated against the user.
2. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment, shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent prior to the date of any show cause or termination hearing under subsection (D) or (I) of this section.
(G) Cease And Desist Orders: When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard requirement, or that the user's past violations are likely to reoccur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
1. Immediately comply with all requirements; and
2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(H) Administrative Fines:
1. When the superintendent finds that a user has violated, or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may fine such user in an amount not to exceed one thousand dollars ($1,000.00) a day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violations.
2. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance and interest shall accrue thereafter at a rate of ten percent (10%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
3. Users desiring to dispute such fines must file a written request for the superintendent to reconsider the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. Where a request has merit, the superintendent may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(I) Revocation Of Wastewater Discharge Permit: Any user who violates this chapter, or applicable state and federal regulations, or the following, is subject to having his permit revoked in accordance with the procedures of this section:
1. Failure of a user to factually report the wastewater constituents and characteristics of its discharge as determined by the user's or KMU's analysis;
2. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
3. Refusal of reasonable access to the user's premises by USEPA, IEPA, or KMU's representatives for the purpose of inspection and monitoring;
4. Tampering with, disrupting, or destroying KMU equipment as determined by KMU, by a preponderance of evidence which determination shall be final;
5. Failure to report an accidental discharge of a pollutant in a reportable quantity;
6. Failure to report an upset of the user's pretreatment facilities;
7. Violation of the conditions of its permit;
8. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
9. Falsifying self-monitoring reports;
10. Failure to meet effluent limitations;
11. Failure to pay fines;
12. Failure to pay sewer charges;
13. Failure to meet compliance schedules; or
14. Failure to complete a wastewater survey, or any other required report.
(J) Harmful Contributions: Notwithstanding any other section of this chapter, KMU may immediately suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of KMU, in order to stop an actual or threatened discharge which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons, or which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW or causes the POTW to violate any condition of its NPDES permit.
Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the user to comply voluntarily with the suspension order, KMU shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individual. KMU may reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to KMU within fifteen (15) days of the date of the occurrence.
(K) Legal Action: Notwithstanding any other sections of this chapter, if any user discharges sewage, industrial wastes or other wastes into the sanitary sewers contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of KMU, the corporation council may commence an action for appropriate legal and/or equitable relief in the Kankakee County circuit court.
(L) Variances:
1. Authority: To the extent consistent with the applicable provisions of the act and the Illinois environmental protection act 1 , KMU may grant individual variances beyond the limitations prescribed in subsection 6-6-2(D), "Specific Pollutant Limitations", of this chapter, provided that the petitioner has demonstrated that the failure to receive a variance would work an arbitrary or unreasonable hardship on the petitioner and provided further that petitioner has demonstrated that it will be in compliance by the end of the variance period granted. The burden of showing such arbitrary and unreasonable hardship shall be on petitioner who shall, before such variance is granted, show such arbitrary and unreasonable hardship to KMU by clear and convincing proof. In no case shall KMU grant any variance whose terms might or could cause "interference" or "pass-through" as such terms are defined in this chapter.
2. Conditions And Duration: In granting a variance, KMU may impose such conditions, exceptions, time limitations, duration and other limitations as the policies of this chapter, the Illinois environmental protection act and the act may require, including limitations that will assure that the petitioner will be in compliance by the end of the variance period. Any variance granted by KMU shall not exceed two (2) years and shall be granted upon the condition that the person who receives such variance shall make such periodic progress twice for up to two (2) years each time by affirmative action of KMU but only if satisfactory progress has been shown. However, no petitioner shall receive any variances, including any extension, exceeding a combined total of five (5) years for any specific pollutant.
3. Petition And Hearing: Any person seeking a variance shall do so by filing a petition for variance with the superintendent on forms provided by KMU. Within twenty one (21) days of receipt of the petition, notice of the petition shall be published in "The Daily Journal".
KMU shall specify information required to be submitted by the petitioner. To enable KMU to rule on the petition for variance, the following information, where applicable, shall be included in the petition:
(a) A clear and complete statement of the precise extent of relief sought, including specific identification of the particular provisions of this chapter from which the variance is sought;
(b) Data describing the nature and extent of the present failure to meet the numerical standards or particular provisions from which the variance is sought and a factual statement why compliance with this chapter was not or cannot be achieved by the required compliance date;
(c) A detailed description of the existing and proposed equipment or proposed method of control to be undertaken to achieve full compliance with this chapter, including a time schedule for the implementation of all phases of the control program from initiation of design to program completion and estimated costs involved for each phase and the total cost to achieve compliance;
(d) Past efforts to achieve compliance including costs incurred, results achieved and permit status;
(e) A discussion of the availability of alternate methods of compliance, the extent that such methods were studies, and the comparative factors leading to the selection of the control program proposed to achieve compliance;
(f) A concise factual statement of the reasons the petitioner believes that compliance with the particular provisions of this chapter would impose an arbitrary or unreasonable hardship; and
(g) Such other things as are required by KMU.
4. Time Limit For Action By KMU: The superintendent shall investigate such petition, consider the views of persons who might be adversely affected by the granting of a variance and make a report to KMU with a recommendation as to the disposition of the petition. If KMU in its discretion concludes that a hearing would be advisable or if KMU or any other person files a written objection to the granting of such variance within fifteen (15) days from the date of publication of the petition in "The Daily Journal", then a hearing shall be held under the provisions of subsection (D) of this section. The burden of proof shall be on the petitioner.
5. Violation: If the limits of a variance are exceeded or if any terms of a variance are violated by the person granted a variance, a violation of this chapter is deemed to have occurred, and the variance may be revoked on thirty (30) days' notice.
(M) Appeal Procedures: In the event a user is dissatisfied with permit conditions, enforcement procedures, or sampling procedures established or used by KMU as it applies to his discharge to the sanitary sewer, except as such dissatisfaction relates to proceeding under subsections (A) through (J) of this section, that user shall seek relief through the use of the following administrative procedures. The procedure outlined herein is voluntary, and shall not act as a bar or condition precedent to KMU's use of any remedies provided herein. So that problems or disputes may be resolved on the lowest practicable level, the procedures outlined below shall be followed in order.
1. Initial Review Of Complaint: User shall contact KMU with its complaint or questions, and shall be referred to the appropriate department for initial screening; where the problem is routine in nature or requires only explanation, no further action will be taken.
2. Manager's Review: Where a user is not satisfied with the response given by the appropriate department, the complaint or question shall be reduced to writing and referred to management personnel to be assigned by the superintendent for review. The management personnel so designated shall review the file and consult with the user in an effort to resolve the problem. If the matter can be resolved to the user's satisfaction at this level, no further action will be required.
3. Superintendent's Review: If the review and discussion between the management personnel and the user do not resolve the matter, a report on the complaint, together with the manager's recommendations, will be forwarded to the superintendent for his consideration and decision. If the decision of the superintendent resolves the matter, no further action will be required.
In the case of a user protesting a permit condition(s), the user must file a petition for an appeal no later than ten (10) days after the date of issuance of the permit. If the appeal is timely, an informal hearing with the superintendent shall be scheduled. The user shall be given an opportunity to present his case with evidence and/or expert opinion as to why the conditions of his permit should be changed. The superintendent shall issue a written decision on the appeal. If the superintendent's decision resolves the matter, no further action will be required.
4. City Council's Review: If the findings and actions by the superintendent do not satisfy the user, the entire file, together with recommendations from the superintendent, shall be given to the city council, which, after review of the file and recommendations of the superintendent, shall meet with the user and review the complaint. Following the review of the file and discussion with the user, the city council will make a final decision on the matter.
In the case of a user protesting the superintendent's decision of an appeal of a permit condition(s), the user must file a second petition for appeal no later than ten (10) days after the date of receipt of the superintendent's written decision. The city council will schedule a formal hearing after reviewing the file and recommendations of the superintendent. The user shall be given an opportunity to present his case with evidence and/or expert opinion as to why the conditions of his permit should be changed. The city council shall issue a formal decision which shall be published in the official minutes of the hearing.
(N) Upsets:
1. As A Defense For Noncompliance: An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the industrial user who wishes to establish the affirmative 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 KMU within twenty four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):
(1) A description of the indirect discharge and cause of noncompliance;
(2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
(3) Steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.
2. Burden Of Proof: In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
3. User Responsibility In Case Of Upset: The industrial user shall control production of all discharges to the extent necessary to maintain compliance with all applicable regulations upon 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. (Ord. 06-70, 2-20-2007)
Notes
| 1 | 1. 425 ILCS 5/1 et seq. |