(A) Wastewater discharges. It shall be unlawful to discharge to the Wastewater Treatment Plant (WWTP) any wastewater except as authorized by the city in accordance with the provisions of this chapter. Any person outside the jurisdiction of the city that desires to contribute wastewater to the WWTP must execute (through an authorized representative) and agreement, whereby the person agrees to be regulated by all provisions of this chapter and state and federal regulations. A Discharge Permit may then be issued by the city in accordance with division (B) of this section.
(B) Discharge Permits.
(1) All users proposing to connect to or to contribute to the WWTP or who are now contributing other than ordinary sewage or waste into the WWTP shall obtain a Discharge Permit before connecting to or contributing to the WWTP.
(2) Users required to obtain a Discharge Permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a permit fee. New users shall apply at least 90 days prior to connecting to or contributing to the WWTP. Existing permit holders shall apply no later than 60 days prior to expiration of the permit. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and location if different from the address;
(b) SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the city; sampling and analysis shall be performed in accordance with procedures established by the USEPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
(d) Time and duration of contribution;
(e) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(g) Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, state or categorical pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable categorical pretreatment standards;
(i) If additional pretreatment will be required to meet the categorical pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standards. The following conditions shall apply to this schedule:
1. The schedule must be acceptable to the city.
2. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable categorical pretreatment standards.
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city or its designee including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress and the reason for delay, and the steps being taken by the user to return the construction project to the schedule established.
(j) Each product produced by type, amount, process or processes, and the rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) Any other information as may be deemed by the city to be necessary to evaluate the permit application;
(n) A copy of the industry’s written environmental control program, comparable document, or policy.
(3) The city shall evaluate the application and may require additional information. After evaluation and acceptance of the application, the city may issue an Industrial Discharge Permit or a General Discharge Permit subject to the terms and conditions provided herein. If the application is rejected, the person will be notified of the rejection and the reasons therefore.
(C) Permit modifications. Within nine months of the adoption of a categorical pretreatment standard, the Discharge Permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to the categorical pretreatment standards, has not previously submitted an application for a Discharge Permit as required, the user shall apply for a Discharge Permit within 90 days after the adoption of the applicable categorical pretreatment standard. In addition, the user with an existing Discharge Permit shall submit, to the city or its designee within 90 days after the adoption of an applicable categorical pretreatment standard, the information required by this chapter.
(D) Permit conditions. Discharge Permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Discharge Permits may contain the following:
(1) The unit surcharges or schedule of other charges and fees for the wastewater to be discharged to a public sewer;
(2) Limits on the average and/or maximum wastewater constituents and characteristics;
(3) Limits on average and/or maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations; frequency of sampling; number, types and standards for tests; and reporting schedules;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining, for a minimum of three years, all records relating to pretreatment and/or wastewater discharge as specified by the city, and affording the city access thereto as required by 40 CFR 403.12(o)(2);
(9) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(10) Requirements for notification of slug discharges;
(11) The permit shall require the user to reimburse the city for all expenses related to monitoring, sampling and testing performed at the direction of the city or its designee and deemed necessary by the city to verify that the user is in compliance with the said permit;
(12) Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(E) Alternative discharge limits.
(1) Where an effluent from a categorical industrial process is mixed prior to treatment with wastewater other than that generated by the regulated process, the city or its designee may derive fixed alternative discharge limits for the Discharge Permit. These alternative limits shall be applied to the mixed effluent and shall be calculated using the combined waste stream formula and/or flow-weighted average formula as defined in division (I).
(2) Where the effluent limits in a categorical pretreatment standard are expressed only in terms of mass of pollutants per unit of production (production-based standard), the city or its designee may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or of effluent concentration for purposes of calculating effluent permit limitations applicable to the permittee. The permittee shall be subject to all permit limits calculated in this manner under 40 CFR 403.6(c) and must fully comply with these alternative limits.
(3) All significant industrial users subject to production-based standards must report production rates annually so that alternative permit limits can be calculated if necessary. The significant industrial user must notify the city or its designee 30 days in advance of any major change in production levels that will affect the limits in the Discharge Permit.
(F) Permit duration. Discharge Permits shall be issued for a specified time period, not to exceed five years. A Discharge Permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit re-issuance a minimum of 120 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in § 52.21 are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 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.
(G) Permit transfer. Discharge Permits are issued to a specific user for a specific operation. A Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without prior approval by the city. The city may deny the transfer of the permit for any reason deemed reasonably necessary for the protection of its wastewater treatment system or of the environment.
(H) Compliance data reporting. Within 90 days following the date for achieving compliance with applicable categorical pretreatment standards or, in the case of a new user, following commencement of the introduction of wastewater into the WWTP, any user subject to categorical pretreatment standards shall submit, to the city or its designee, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards and the average and maximum daily flow for these process units in the user’s facility which are limited by such categorical pretreatment standards. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional pretreatment and time schedule is necessary to bring the user into compliance with the applicable categorical pretreatment standards. This statement shall be signed by an authorized representative of the user.
(I) Periodic compliance reports.
(1) All significant industrial users shall submit, to the city or its designee, every six months (on dates specified in the discharge permit) unless required more frequently by the Discharge Permit, a report indicating, at a minimum, the nature and concentration, of pollutants in the effluent which are limited by categorical pretreatment standards or the Discharge Permit. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the city or its designee and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the city or its designee may agree to alter the months during which the above reports are to be submitted.
(2) All analyses shall be performed by a laboratory acceptable to the city. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto and 40 CFR 261 or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator.
(3) Where IPEA does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures set forth in the USEPA publication “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA Administrator.
(4) A Baseline Monitoring Report (BMR) must be submitted to the city or its designee by all significant industrial users at least 90 days prior to initiation of discharge to the sanitary sewer. The BMR must contain, at a minimum, the following:
(a) Production data: a process description, SIC code number, raw materials used, chemicals used or stored on site, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system.
(b) Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility.
(c) Wastewater characteristics: total plant flow, types of discharges, average and maximum flows from each process.
(d) Nature/concentration of pollutants: analytical results for all pollutants regulated by this chapter and/or any applicable categorical pretreatment standards and sample type and location. All analyses must conform with IEPA requirements.
(e) Information concerning any pretreatment equipment used to treat the facility’s discharge.
(5) New sources shall give estimates of the information requested in divisions (I)(4)(c) and (I)(4)(d) above, but at no time shall a new source commence discharge(s) to the public sewer of substances that do not meet provisions of this chapter. All new sources must be in compliance with all provisions of this chapter, state and categorical pretreatment standards prior to commencement of discharge to the public sewer.
(J) Permit violations.
(1) All significant industrial users must notify the city or its designee within 24 hours of first becoming aware of a permit violation. This notification shall include the date of violation, the parameter violated and the amount by which the parameter was exceeded.
(2) The user shall immediately repeat the sampling and analysis of the parameter(s) in question and submit the results to the city or its designee within 30 days after becoming aware of the violation. Exception to this regulation is only if the city performs the sampling within the same time period for the same parameter(s) in question.
(K) Monitoring.
(1) The city shall require significant industrial users to provide and operate, at the user’s own expense, monitoring facilities and equipment necessary to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage system. The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in a public right-of-way. The city or its designee shall review and approve the location, plans, and specifications for such monitoring facilities and may require them to be constructed to provide for the separate monitoring and sampling of industrial waste and sanitary sewage flows.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility shall be designed and maintained in a manner such that the safety of city and user personnel shall be the foremost concern. The facility, sampling, and measuring equipment shall be maintained at all times in a proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following approval of the location, plans and specifications.
(2) All sampling analyses done in accordance with approved federal EPA procedures by the industrial user during a reporting period shall be submitted to the city or its designee regardless of whether or not that analysis was required by the industrial user’s Discharge Permit.
(3) The industrial user must receive the approval of the city before changing the sampling point and/or monitoring facilities to be used in all required sampling.
(L) Pretreatment. All significant industrial users shall provide necessary wastewater treatment as required to comply with this chapter and achieve compliance with any applicable categorical pretreatment standards within the time limitations as specified by the categorical pretreatment standards. The city may require the development of a compliance schedule for installation of pretreatment technology and/or equipment by any significant industrial user that cannot meet discharge limits required by this chapter. Any facilities required to pretreat wastewater to a level required by this chapter 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 city for review, and must be accepted by to the city prior to 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 that complies with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
(M) Annual publication.
(1) The city shall annually publish a list of significant industrial users, which were in significant noncompliance with any categorical pretreatment standards. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. This notice shall be published in a newspaper regularly published in Massac County, Illinois, but if there is none, then in a newspaper of general circulation in Massac County, Illinois.
(2) All records relating to the city’s pretreatment program shall be made available to officials of the EPA or Approval Authority upon request. All records shall be maintained for a minimum of three years in accordance with 40 CFR 403.12(O)(2).
(N) Significant non-compliance. A user is defined as being in significant noncompliance when it commits one or more of the following conditions:
(1) Causes imminent endangerment to human health or the environment or results in the exercise of emergency authority;
(2) Involves failure to report noncompliance accurately;
(3) Results in a chronic violation defined here as 66% or more of all measurements taken during a six-month period that exceed (by any magnitude) the daily maximum limit or the monthly average limit for the same pollutant parameter;
(4) Results in a Technical Review Criteria (TRC) Violation defined here as 33% or more of all measurements for each pollutant parameter taken during a six-month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and oil and grease and 1.2 for all other pollutants except pH);
(5) Any violation of a pretreatment effluent limit that the city determines has caused, alone or in combination with other discharges, interference or pass through or has endangered the health of the WWTP personnel or the public;
(6) Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the WWTP’s use of its emergency authority to halt or prevent such a discharge;
(7) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by 90 days or more after the schedule date;
(8) Failure to provide required reports within 30 days of the due date;
(9) Any violation or group of violations, which the city determines, will adversely affect the operation or implementation of the local pretreatment program.
(O) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests in writing and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection from disclosure pursuant to an applicable exemption under the Freedom of Information Act.
(2) When requested by the person furnishing a report, the portions of a report which might disclose information not subject to disclosure under the Freedom of Information Act, as amended, shall not be made available for inspection by the public but shall be made available to all governmental agencies for uses related to this chapter, the NPDES Permit, Sludge Disposal System Permit and/or the Pretreatment Programs upon request. 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. Wastewater constituents and characteristics shall not be recognized as confidential information and shall be available to the public without restriction.
(P) Signatory requirements. All applications, reports or information submitted to the city shall be signed and certified.
(1) All permit applications shall be signed:
(a) For a corporation or limited liability company: by a principal or executive officer of at least the level of vice-president;
(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
(2) All other correspondence, reports and self-monitoring reports shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(a) The authorization is made in writing by a person described above;
(b) The authorization specifies either an individual or a position having facility or activity, such as the position of plant manager, superintendent or position of equivalent responsibility.
(3) Certification. Any person signing a document under this section shall make the following certification:
“I certify under penalty of law that I am familiar with the information contained in this report and its attachments and that to the best of my knowledge and belief such information is true, complete and accurate.”
(Q) Misrepresentation and/or falsifying documents. Any user who knowingly and/or negligently makes any false statements, representations or certification of any application, record, report, plan or other document filed or required pursuant to this chapter or discharge permit or who falsifies, tampers with or knowingly and/or negligently renders inaccurate any monitoring device or method required under this chapter, shall be subject to a fine of $750 or imprisonment for up to six months.
(Ord. 2008-09, passed 4-29-08)