Sec. 18-64. Reserved.
Sec. 18-64.1. Use Of Sewers - Stormwater And Unpolluted Waters Not Allowed.
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(b) Discharge of storm and unpolluted waters. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the city. Industrial cooling water [or] unpolluted process waters may be discharged, on approval of the city engineer, to a storm sewer or natural outlet.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-64.2. Same - Prohibited Discharge Standards.
(a) General Prohibitions. The following discharges into the city sewerage system are prohibited:
(1) Interference;
(2) Pass through;
(3) Any discharge that limits sludge disposal options.
(b) Specific Prohibitions. The following items are prohibited from discharge into the city sewage system:
(1) Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or be injurious or hazardous in any other way to the POTW or to operation of the POTW, or any water streams with a closed- cup flash point of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees centigrade using test methods specified in 40 CFR 261.21 are prohibited. At no time shall two (2) successive readings on a meter capable of reading LEL (lower explosive limit) at a point at the nearest accessible point to the POTW or at any point in the POTW be more than five (5) percent nor any single reading greater than ten (10) percent. Materials for which discharge is prohibited under this subsection include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, polychlorinated biphenyls, polybrominated biphenyls, carbides, hydrides, stoddard solvents, and sulfides.
(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood plastics, tar, asphalt residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes, or tumbling and demurring stones.
(3) Any wastewater which will cause corrosive structural damage to the POTW, but in no case wastewater having a pH less than 6.0 or greater than 9.0.
(4) Any wastewater containing incompatible pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, cause a violation of the water quality standards of the receiving waters of the POTW, exceed limitation set forth in a national categorical pretreatment standard (when effective) or in section 18-64.3 of this code or create a public nuisance.
(5) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastewaters are sufficient to create a public nuisance or in a quantity that may cause acute worker health and safety problems or are sufficient to prevent entry into sewers for their maintenance and repair.
(6) In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act; any criteria guideline or regulations affecting sludge use or disposal developed pursuant to the RCRA, SWDA, the clean water act, the toxic substances control act, the 503 sludge regulations; or state criteria applicable to the sludge management method being used.
(7) Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.
(8) Any wastewater having a temperature at the point of discharge to the POTW which will inhibit biological activity in the POTW treatment plant resulting in interference. In no case shall wastewater be introduced to the POTW which exceeds sixty-five (65) degrees centigrade (one hundred fifty (150) degrees Fahrenheit) at a point of entry to the system or which exceeds forty (40) degrees centigrade (one hundred four (104) degrees Fahrenheit) at the POTW treatment plant.
(9) Any pollutants, including compatible pollutants released at a flow or pollutant concentration which [a user knows or has reason to know] will cause interference to the POTW or will pass through the POTW.
(10) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by state or federal regulations.
(11) Any water or waste containing fats, wax, grease, or oils (animal, vegetable, mineral, or synthetic), whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred fifty (150) degrees Fahrenheit, and zero (0) degrees centigrade and sixty-five (65) degrees centigrade. Any discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference is prohibited.
(12) Any garbage that has been improperly shredded.
(13) Any wastewater containing BOD, total solids, or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; provided, however, that a user may be permitted by specific, written agreement with the city, which agreement to discharge such BOD or TSS may provide for special charges, payments or provisions for treating and testing equipment.
(14) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters including the NPDES permit of the city.
(15) Any discharge exceeding the standard established in 35 Illinois administrative code 307.
(16) Any slug discharged to the POTW. All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loading.
(17) Limitation on mercury. The limitation on mercury, established 35 Illinois administrative code 307.103, allocated to industry shall not exceed a concentration of 0.0005 mg/l.
(18) No waste discharged to the municipal sewer system shall contain detectable levels (defined as 0.02 mg/l) of cyanide at any time except as permitted below:
a. Any person desiring to discharge cyanide or cyanogen compounds to the municipal sewer system shall apply for and procure approval from the city. The application shall contain sufficient information on discharge concentrations, flows, etc., to provide adequate data to enable the city and its representatives to evaluate the discharge and secure required Illinois environmental protection agency approval.
b. When permitted, total cyanide shall not exceed ten (10) mg/l; provided any sample tested shall not release more than two (2) mg/l of cyanide when tested at a pH of 4.5 and at a temperature of one hundred fifty (150) degrees Fahrenheit for a period of thirty (30) minutes. Such discharges shall be permitted only when the agency has determined that no violation of the effluent criteria of 0.025 mg/l concentration (alone or in combination with other sources) will result from such discharge.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 3, 9-5-1995; Ord. 4207, § 2, 5-23-2000)
Sec. 18-64.3. Same - Maximum Allowable Objectionable Substances.
The city will evaluate each toxic or objectionable substance on a concentration-dilution basis and will establish maximum allowable discharge concentration for each individual person, as shown on the following chart labeled table A. The city may add, remove, or revise parameters and/or limits as required to meet regulations or to ensure POTW compliance with permit. The limits indicated in table A are to protect against the following:
(1) Decreased sewage plant treatment process efficiencies and degraded effluent qualities exceeding the current requirements of the regulatory agencies.
(2) Concentrations of any toxic or objectionable substance in the sewage treatment plant effluent exceeding the current maximum limits established by the regulatory agencies for such plant effluent flows.
(3) Any concentrations of toxic or objectionable substances in plant effluent flows which will result in concentrations of such substances in the receiving waters which will exceed the regulatory agency's maximum allowable limits for these substances in the receiving waters.
(4) Any concentration which limits or prohibits intended sludge disposal options.
TABLE A
Maximum Allowable Objectionable Waste Which May Be Discharged Into The Sanitary Sewer System
Parameter
| Limit
|
Parameter
| Limit
| |
pH | Not less than 6.0 nor greater than 9.0 | |
Temperature | 150 degrees | F |
Arsenic (total) | 0.5 | mg/l |
Barium (total) | 25 | mg/l |
Cadmium (total) | 0.25 | mg/l |
Chromium, hexavalent | 1.0 | mg/l |
Chromium (total) | 5.0 | mg/l |
Copper (total) | 2.0 | mg/l |
Cyanide (total) | No detectable amount, or as provided in section 18-64.2 | |
Lead (total) | 0.5 | mg/l |
Mercury (total) | 0.005 | mg/l |
Phenols | 0.6 | mg/l |
Nickel (total) | 5.0 | mg/l |
Silver (total) | 0.2 | mg/l |
Solids, total dissolved | 5000 | mg/l |
Zinc (total) | 5.0 | mg/l |
BOD (5 day)) | ||
TSS) NH3-N) | See sections 18-70 and 18-70.1 for allowable limits and surcharges. | |
(Ord. 2895, § 4, 5-1-1995; Ord. 4207, § 3, 5-23-2000; Ord. 4313, § 1, 11-21-2000)
Sec. 18-64.4. Same - Allocation Of Pollutants.
(a) The total allocation of the pollutants to each existing industry will be established for the industrial discharges of each pollutant as the number of industries is obtained by sampling and analysis and wastewater discharge permit applications are received, and with specific limitations on discharges established in the individual discharge permits. The city shall reserve the right to limit pollutants not specifically mentioned in table A on a case-by-case basis in order to meet standards.
(b) Discharges from each separate discharge of a user, as measured under the provisions of this code, shall not contain in excess of the permitted allocation of the pollutants based upon a twenty-four-hour composite sample, with the exception of FOG, cyanide, pH, phenols, and hexavalent chromium, which shall be measured on the basis of grab samples. All such samples shall be measured and met at the point of entry to the POTW collection system or "end of pipe" excepting those categorical standards that are required to be met at end of process as set forth in 40 CFR. All analyses shall be performed by methodology as promulgated in the most recent 40 CFR 136.
(c) The city may maintain a reserve of ten (10) percent to fifteen (15) percent of the maximum allowable influent limit of each pollutant for new industries or increase with existing industries. The city will recalculate the maximum concentrations from time to time to reflect removal credits allowed, based on using site specific data.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 4, 9-5-1995; Ord. 4207, § 4, 5-23-2000)
Sec. 18-64.5. Same - Incorporation Of National Categorical Pretreatment Standards.
(a) Upon the promulgation of the national categorical pretreatment standard (NCPS) for a particular user, said standard, if more stringent than the limitations imposed under this code for sources in that category, shall when effective immediately supersede the limitations and conditions imposed under chapter.
(b) New sources shall install and start up technology prior to discharge and achieve compliance within the shortest time feasible, not to exceed ninety (90) days after commencement of discharge.
(c) Pursuant to 40 CFR 403.6(c)(2) and (5), the city may convert mass per unit of production limits to equivalent mass per day or connection limits, which equivalent limits shall control as to any affected industrial user (IU) in lieu of the promulgated standards. Such equivalent limits shall be established on a case-by-case basis and shall be set forth in the individual IU permit.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 5, 9-5-1995)
Sec. 18-64.6. Same - Final National Categorical Pretreatment Standards.
All categorical users shall comply with the national categorical pretreatment standards pursuant to 40 CFR chapter I, subpart N, parts 405 through 471, as amended, and all applicable federal, state and/or local statutes, ordinances, codes, rules and regulations, including, but not limited to, any local control authority limits. Where the regulations imposed pursuant to the national categorical pretreatment standards are either more restrictive or less restrictive than any other provision of any applicable federal, state, and/or local statute, ordinance, code, rule or regulation, the regulation which is more restrictive or imposes the higher or more stringent standard shall govern.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-64.7. Same - Discharged Waters Or Wastes.
(a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which water contains the substances or possesses the characteristics enumerated in this section of the code and/or which are in violation of the standards for pretreatment provided in 40 CFR 403, and amendments thereto, and which, in the judgment of the city engineer, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
(1) Reject the wastes and require the violator to cease and desist discharging said materials into the sewer system immediately;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) Require control over the quantities and rates of discharge and also require payment to cover the added costs of handling and treating the waters not covered by the existing sewer charges. If the city permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to review and approval of the city and in accordance with federal regulations (40 CFR 128) entitled "Pretreatment Standards," and all other ordinances and codes pertaining thereto.
(b) The provisions of this subsection (b) are subject to any changes made to 40 CFR 403.12(p)(1-4).
All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12.
(c) Industrial users 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, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. Such notifications shall take place within one hundred eighty (180) days of the effective date of this article. Industrial users who commence discharging after the effective date of this article shall provide notification no later than one hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted as described above.
Dischargers are exempt from the requirements of the previous paragraph 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 non-acute 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 one-time notification.
Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
In case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste, the industrial user must notify the POTW, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
In the case of any notification made under this section, the industrial 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.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 6, 9-5-1995)
Sec. 18-64.8. Same - Pretreatment.
All industrial users shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations and this article. Any facilities required to pretreat wastewater to a level acceptable to the POTW shall be provided, properly operated and maintained at the user's expense. All industrial users shall obtain all necessary construction operating permits from the IEPA and wastewater discharge permit from the city prior to commencing construction on such facilities. Such pretreatment facilities shall be under the control and direction of an IEPA-certified wastewater treatment operator. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to and accepted by the POTW prior to the industrial user's initiation of the changes.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-64.9. Same - Excessive Discharge.
No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the national categorical pretreatment standards (NCPS) (when effective) or in any other pollutant-specific limitations developed by the city.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-64.10. Same - Spill Containment.
(a) Each industrial user shall provide protection from discharge to the POTW of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense.
(b) All industrial users whose wastewater includes or could include compatible or incompatible pollutants must have detailed plans on file at the city showing facilities and operating procedures to provide protection from accidental and/or slug discharge as required by the city. All industrial users shall complete construction of said facilities by January 1, 1987. No user who begins contributing to or could contribute such pollutants to the POTW after the effective date of this article shall be permitted to introduce such pollutants into the POTW until accidental discharge facilities and procedures, as appropriate, have been approved by the city and installed by the industrial user. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this article.
(c) In the case of an accidental or deliberate discharge of compatible or incompatible pollutants, it shall be the responsibility of the industrial user to notify the POTW of the incident within twenty-four (24) hours of becoming aware of any anticipated or unanticipated bypasses and spills. The notification shall include name of caller, location and time of discharge, type of wastewater, concentration and volume.
(d) Within seventy-two (72) hours following such an accidental or deliberate discharge, the industrial user shall submit to the city a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Follow up reports may be required by the city as needed. Such report, or reports, 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, fish kills, or any other damage to person or property; nor shall such report relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the city, result in the revocation of the discharger's wastewater discharge permit.
(e) 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.
(f) A notice in English and the language of common use shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge of a prohibited material. Employers shall ensure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 7, 9-5-1995)
Sec. 18-64.11. Wastewater Haulers.
(a) Wastewater haulers shall discharge all sanitary and nonsanitary wastes at the designated wastewater hauler dumping station.
(b) Wastewater haulers shall have a valid wastewater hauler discharge permit before discharging wastes at the POTW. Each permitted wastewater hauling vehicle shall prominently display a number issued by the city on both doors of the vehicle cab. Such numbers shall be removable only by destruction. Decals for this purpose will be provided by the city to each permitted wastewater hauler.
(c) Each wastewater hauling vehicle shall meet the following conditions before permits will be issued under section 300.140(b) of the act:
(1) Until the city provides scales for weighing wastewater hauling vehicles, each truck tank shall have a sight glass calibrated in one hundred-gallon increments.
(2) Each vehicle shall be equipped to use the quick- disconnect couplers at the wastewater hauler dumping station.
(d) Representative samples of wastewater from both nonindustrial users and industrial users discharged by a wastewater hauler shall comply with the provision of section 18-64.3.
(e) Each load delivered to the wastewater dumping station must have a wastewater hauler manifest properly filled out by the scale operator on duty and signed by the wastewater hauler.
(f) All procedures for discharging, for cleanliness and for general sanitary operation on the POTW property as prescribed by the city shall be strictly adhered to by all wastewater haulers delivering wastewater to the POTW dumping station.
(g) The source or sources of all liquid wastes being hauled to the POTW treatment plant shall be properly documented using the city manifest system.
(h) Wastewater from a nonindustrial user shall not be mixed with wastewater from an industrial user. Vehicles hauling wastewater from an industrial user shall not be used to haul wastewater from a nonindustrial user for disposal at the POTW.
(i) In addition to remedies available to the city set forth elsewhere in this article, failure of a wastewater hauler to comply with the provisions of this section shall be grounds for revocation of the hauler's discharge permit by the city.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-65. Discharge Permits - Prohibition Of Discharges Without Or Contrary To Permit.
It shall be unlawful for any industrial user to discharge wastewater to the city POTW without making application for a permit by the city in accordance with the provision of this article. It shall be unlawful to discharge wastewater to the city POTW contrary to a permit.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-65.1. Same - Procedures For Receipt And Analysis Of IU's Reports.
All reports and notices submitted to the city by industrial users in accordance with this article and 40 CFR 403.12 shall be received by the city engineer and referred to the appropriate technical personnel for review. The city shall have sixty (60) days from receipt of each industrial user's submittal to complete its review and make any necessary response.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-65.2. Same - Required.
(a) Generally. All significant users existing or proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All significant users which are existing sources connected to or contributing to the POTW shall obtain a wastewater discharge permit within ninety (90) days after the effective date of this article. All industrial users which become significant users after promulgation of this article shall apply for a wastewater discharge permit within ninety (90) days after becoming a significant user. (The latter includes, but is not limited to, industrial users regulated by a newly promulgated national categorical pretreatment standard.) New sources (and existing sources that become significant industrial users subsequent to promulgation of categorical standards) are required to include baseline monitoring reports prior to commencement of discharge for new sources and with discharge application for existing sources. Information will include, but not be limited to, data on production, flow and amounts of regulated pollutants and intended methods of pretreatment.
(b) Wastewater Discharge Permit Application:
(1) Significant users required to obtain a wastewater discharge permit shall complete and file with the city an application on a form to be prescribed and furnished by the city.
(2) Existing significant users shall apply for a wastewater discharge permit within ninety (90) days after the effective date of this article. Proposed significant users which are new sources shall apply at least ninety (90) days prior to discharging to the POTW. In case of conflict between application deadlines for significant users in section 18-65.2(a) and (b)(2), the stricter deadline shall apply.
(3) If a significant user does not submit an application for a wastewater discharge permit as required by section 18-65.2 of this article, the use shall be considered in violation of this article and subject to enforcement procedures as set forth in section 18-67 of this chapter.
(4) In support of the application, the significant user shall submit, upon request by the city, in units and terms appropriate for evaluation, the following information:
a. Name, address and location of the facility including the name of the operator and owner.
b. SIC number according to the Standard Industrial Classification Manual, bureau of the budget, 1972, as amended, or any successor manual, upon the effective date thereof.
c. Wastewater constituents and characteristics including, but not limited to, those set forth in section 18-55 of this article as determined by a reliable analytical laboratory.
d. Time and duration of discharge.
e. Average and maximum wastewater flow rates, in gallons per day, including monthly and seasonal variations, if any.
f. Site plans showing all pipe sizes, manholes and location of sanitary and storm sewers leaving the building or premises, together with all connections to lateral sanitary and storm sewers.
g. Total number of employees and hours of operation of a plant.
h. Proposed or actual hours of operation of pretreatment system and the name of the IEPA-certified pretreatment operator.
i. Name of the authorized representative of the significant user.
j. Significant user's source of intake water, together with the types of usage and disposal sources of water and the estimated volumes in each category.
k. If additional significant user operation and maintenance or pretreatment techniques or installations will be required to meet pretreatment standards, the shortest schedule by which the significant user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established under section 18-64.
l. List of any environmental control permits held by or for the facility.
m. Any other information as may be deemed by the POTW to be necessary to evaluate the permit application.
The following additional information is required of all national categorical users but shall be required of any system user if deemed necessary by the control authority for the purpose of protecting the collection system, the POTW, or city staff working in these processes. If the significant user is subject to national categorical pretreatment standards, the following additional information shall be submitted:
n. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
1. Regulated process streams; and
2. Other streams as necessary to allow use of the combined waste stream formula of 40 CFR section 403.6(e).
o. The significant user shall identify the national categorical pretreatment standards applicable to each regulated process and shall:
1. Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operation.
2. Where feasible, obtain samples through the flow- proportional composite sampling techniques specified in the applicable national categorical pretreatment standard. Where composite sampling is not feasible, a grab sample is acceptable.
3. Sample based on the flow of the sampled stream as follows (composite samples are required where feasible):
i. Where the flow of the stream being sampled is less than or equal to approximately two hundred fifty thousand (250,000) gpd, the significant user shall take a minimum of three (3) samples within a two-week period.
ii. Where the flow of the stream being sampled is greater than approximately two hundred fifty thousand (250,000) gpd, the significant user shall take a minimum of six (6) samples within a two-week period.
4. Take the samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, in order to evaluate compliance with the national categorical pretreatment standards, the significant user shall measure the flows and concentrations necessary to allow use of the combined waste from stream formula of 40 CFR section 403.6(e). Where an alternate concentration has been calculated in accordance with 40 CFR section 403.6(e), this adjusted limit along with supporting data shall be submitted to the POTW.
5. Submit only with POTW authorization information which utilizes only historical data, so long as the date provides information to determine the need for industrial pretreatment measures.
6. Provide the time, date and place of sampling methods and methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
p. The significant user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether national categorical pretreatment standards and/or state and local limits are being met on a consistent basis and, if not, whether additional operation and maintenance measures (O&M) or additional pretreatment is required for the significant user to meet the national categorical pretreatment standards and/or state and local limits.
q. If additional pretreatment or O&M will be required to meet the national categorical pretreatment standards and/or state and local limits, the significant user will provide the shortest schedule which will provide such additional pretreatment or O&M. The completion date in this schedule will not be later than the compliance date established for any applicable national categorical pretreatment standard.
1. Where the significant user's national categorical pretreatment standard has been modified by a removal allowance (40 CFR section 403.7) or the combined waste stream formula (40 CFR section 403.6(e)) or net/gross calculations (40 CFR section 403.15) at the time the significant user submits an application, the information required in section 18-65.2(b)(4)p. and q. shall pertain to the modified limits.
2. If the national categorical pretreatment standard for the significant user is modified after the discharge application is submitted, the significant user shall make any necessary amendment to information provided as a response to section 18-65.2(b)(4)p. and q, and submit them to the city within sixty (60) days after the modified limit is approved.
r. The following conditions shall apply to any schedule submitted in response to section 18-65.2(b)(4)q.:
1. 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 national categorical pretreatment standards and/or state and local limits (e.g., hiring and engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
2. No increment referred to in section 18-65.2(a)(4)h.1. [18-65.2(b)(4)r.1.] shall exceed nine (9) months.
3. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW 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, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the POTW.
(c) Review Of Wastewater Discharge Permit Applications. The city will evaluate the data furnished by the significant user and may require additional information. The evaluation process may, at the discretion of the city, include the inspection of the facilities of the applicant. After evaluation of the date available, the city may issue a wastewater discharge permit. No temporary permit will be issued by the city except as set forth in section 18-65.2(g).
(d) Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Wastewater discharge permits shall contain the following:
(1) The wastewater discharge permit shall include the limits on daily maximum and average pollutant loadings from the applicable pretreatment standard (which includes federal, state and local limits) whichever is more stringent.
(2) Where the national categorical pretreatment standards and/or state and local limits are modified by a removal allowance (40 CFR section 403.7) or the combined waste stream formula (40 CFR section 403.6(e)) or net/gross calculations (40 CFR section 403.15) or fundamentally different factor variance for nontoxics (40 CFR section 403.13) of the "general pretreatment regulations," the limits modified shall be made part of the wastewater discharge permit and shall be adjusted consistent with USEPA guidelines and regulations.
(3) Limits on maximum and average flow rate and time of discharge or requirements for flow regulation and equalization for each separate discharge of a user.
(4) Requirements for installation and operation of inspection, sampling and monitoring facilities.
(5) Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for testing and reporting schedule.
(6) Compliance schedule, if necessary.
(7) Requirements for submission of technical reports or discharge reports.
(8) Requirements to retain for a minimum of three (3) years any records of monitoring activities and results relating to wastewater discharge and for affording the POTW access to said records.
(9) Requirements for advance notification to the POTW of any new introduction of wastewater constituents or any substantial discharge in the volume or character of the wastewater constituents being introduced into the wastewater treatment system pursuant to the terms of section 18-65.2(e) of this article.
(10) Requirements for notification of slug discharges as defined in this article.
(11) Requirements for reporting pretreatment sludge disposal practices.
(12) Other conditions as deemed appropriate by the city to ensure compliance with this article and pretreatment requirements and standards.
(13) A statement of the civil and criminal penalties for violation and the possibility of incarceration for falsification of information.
(e) Change In Conditions. In the event the type, quality, or volume of wastewater from the property for which a wastewater discharge permit was previously granted is expected to materially and substantially change as reasonably determined by the permittee or city, the permittee shall give thirty (30) days' notice in writing to the city and shall make a new application to the city. Prior to 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 the city.
(f) Duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. The permittee shall file an application for renewal of its permit at least ninety (90) days prior to expiration of the user's permit. The industrial user shall apply, on a form provided by the POTW, for reissuance of the permit. Upon reissuance, any applicable provisions of the wastewater discharge permit shall be incorporated as conditions of the new wastewater discharge 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 section 18-64 are modified or other just cause exists. The significant user shall be informed of any proposed changes in its permit at least thirty (30) days prior to the effective date of change. Where any changes are made in the significant user's permit, a reasonable time shall be given to achieve compliance.
(g) Transfer. Wastewater discharge permits are issued to a specific significant user for the process activity specified in the permit. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner or new user in different premises or to a new change operation in the same or different premises without the approval of the city. If the premises are sold or otherwise transferred by the permittee to a new owner who will maintain the operation in the same premises, then the permit held by the seller shall be reissued by the city to the new owner as a temporary permit; provided, that the new owner shall immediately apply for a new permit in accordance with this article; and further provided, that the temporary permit shall only be effective for ninety (90) days after the date of sale or transfer. The city shall have the same remedies for violation of temporary permits as it has for violation of other discharge permits.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 8, 9-5-1995)
Sec. 18-65.3. Same - Denial; Appeal Procedure.
(a) No discharge permit shall be issued by the city to any person whose discharge of material to sewers, whether shown upon his application or determined after inspection and testing conducted by the city, is not in conformity with city ordinances and regulations, or whose application is incomplete or does not comply with the requirements of section 18-65.2(b) or (c) as applicable. The city shall state the reason or reasons for denial in writing, which shall be mailed or personally delivered to the applicant within ten (10) days after denial.
(b) If the application is denied by the city, the industrial user may obtain review of the denial by the city council, provided that the industrial user shall give written notice of this request therefor within thirty (30) days after receipt of such denial. The city council shall review the permit application, the written denial and such other evidence, written and oral, and matters as the applicant and city administrator shall present. The decision of the city council shall be final.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-65.4. Same - Reporting Requirements For Permittee.
(a) Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards, or in the use 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 shall submit to the city a report, on forms provided by the city, indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards. The report shall state whether the applicable pretreatment standards are being met on a consistent basis; and, if not, what additional user operation and maintenance or pretreatment techniques or installations are necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user or a corporate officer.
Baseline monitoring reports, reports on compliance with categorical deadlines (ninety-day compliance reports), and periodic compliance reports must be signed by a responsible corporate officer (president, secretary, treasurer, vice- president or a person who performs similar policy making decisions), plant manager, superintendent, partner, general proprietor, or a duly authorized representative designated in writing by a person in responsible charge, and contain the following certification:
"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 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."
(b) Periodic compliance reports:
(1) Any user, categorical or noncategorical, subject to an applicable pretreatment standard, after the compliance date of such applicable pretreatment standard or, in the case of a new source, after discharge of wastewater to the POTW begins, shall submit to the city on or before the twentieth day of the months of July and January for the preceding two (2) calendar quarters a certified report indicating the nature and concentration of pollutants in the effluent which are limited by such applicable pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period.
(2) At the discretion of the city, this report shall also include concentrations of BOD/COD/TSS or other pollutants specified by the city. Permittee shall sample and analyze its wastewater for BOD/COD/TSS or other pollutants at the discretion of the city as set forth in the permit issued to permittee.
(3) At the discretion of the city and in consideration of such factors as a local high or low flow rate, holidays, budget cycles, the city may agree to alter the months during which the above reports are submitted.
(4) The POTW may alter the reporting requirements via the industrial user permit should additional wastestream constituents be determined by the superintendent to be parameters of concern on a case-by-case basis.
(c) All industrial users that generate sludges from a pretreatment facility shall be required to submit a report to the POTW which will describe the sludge disposal methods of the industrial user. The report shall state the volume of sludge produced on a daily basis, whether it is on a dry or wet basis, the ultimate method and location of the sludge disposal and the permit number authorizing the disposal. The report shall be submitted with the periodic compliance report unless directed otherwise by the POTW.
(Ord. 2895, § 4, 5-1-1995; Ord. 2930, § 9, 9-5-1995)
Sec. 18-65.5. Monitoring Facilities.
(a) All significant users shall provide and operate at the user's own expense monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems. Such monitoring facilities shall be provided at the end of a process and/or at the end of the pretreatment as required for industrial users subject to categorical standards. Pollutant concentrations and other prohibitions will be monitored at the end of the pipe. The monitoring facility will normally be situated on the user's premises but the city may, when such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping, parked vehicles, or other activities of the user.
(b) Whenever required by permit, any significant user 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 city, installed and maintained at all times at user's expense, which shall have ample room in each sampling chamber to permit the city to take accurate composite samples for analysis. The chamber shall be safely, easily, and independently accessible to authorized representatives of the city twenty-four (24) hours per day, seven (7) days per week.
(1) Each sampling chamber shall contain a Palmer-Bowlus, Parshall flume or equivalent unless a weir or similar device is approved by the city with a recording, indicating, and totalizing register for measurement of the liquid quantity or, at the discretion of the city, the metered water supply to the industrial plant may be used as the liquid quantity where it is substantial to the city that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment agreed to by the city is made in the metered water supply to determine the liquid waste quantity.
(2) Sampling shall be performed as required by the user's wastewater discharge permit. The city shall have the right to perform its own sampling at any reasonable time.
(3) The sampling chamber, metering device, and documentation of the frequency of sampling, sampling methods, and analyses of samples shall be subject, at any reasonable time, to inspection by the city.
(c) All measurements, tests, and analyses to which reference is made in this article shall be determined and performed in accordance with 40 CFR section 403.12(g), as amended from time to time. Where sampling and analytical techniques are not contained in said federal register reference, or are inappropriate for a pollutant, sampling and analyses should be performed using validated analytical methods as approved by the city.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-65.6. Inspection, Sampling And Records Keeping.
(a) The city may inspect the facilities of all industrial users and/or require the completion of an industrial survey form provided by the city to ascertain whether the purposes of this article are being met and if all requirements of the article are being complied with. Persons or occupants of premises in which a discharge source or treatment system is located or in which records are kept shall allow the city or its representative ready access upon presentation of credentials to all parts of said premises where wastewater is generated or chemicals are stored for the purpose of inspection, sampling, examination, and photocopying of records required to be kept by this article, and in the performance of any of their duties. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling, monitoring, and metering operations of wastewater and sludges. Where a user has security measures in force which would require suitable identification [sic] necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city shall be permitted to enter immediately for the purposes of performing their specific responsibilities. Such arrangements shall be made by users with their security guards within thirty (30) days of the passage of this article.
(b) The city and industrial users shall maintain records of all information resulting from any monitoring activities required by this article and, in the case of industrial users, shall include:
(1) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(2) The dates analyses were performed;
(3) Who performed the analyses;
(4) The analytical techniques/methods uses; and
(5) The results of such analyses.
(c) The city 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 the city pretreatment program or when requested by the USEPA regional administrator or the director of IEPA.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-65.7. Confidential Information.
(a) Information and data relating to an industrial user obtained from reports, 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 city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. All effluent data shall be available to the public without restrictions.
(b) When requested by the person furnishing a report, and until such time as the city determines that the requested information is not entitled to confidential treatment, 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 article, the national pollutant discharge elimination system (NPDES) permit, and for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(c) Information and date provided to the city which is effluent data shall be available to the public without restriction.
(d) The city shall implement measures to prevent the negligent release of confidential information; however, neither the city nor its employees shall be held legally responsible for release of information if they have acted in good faith.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-66. Grease, Oil And Sand Interceptors.
Grease, oil and sand interceptors shall be provided when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city of West Chicago and shall be located as to be readily and easily accessible for cleaning and inspection.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67. Reserved.
Sec. 18-67.1. Enforcement Procedures And Penalties - Public Notification Of Significant Violators.
The city shall annually publish in the largest local newspaper published in the city a list of industrial users who were in significant noncompliance with pretreatment requirements or standards during the previous twelve (12) months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same twelve (12) months.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.2. Same - Compulsory Compliance Procedures.
(a) Notice Of Violation And Compliance Meeting. Should a violation of this article by a user occur, the city shall notify the offending user, in writing, through a "notice of violation" as to the particulars of such violation or violations and set a time and place for a meeting (hereinafter called a "compliance meeting") to be attended by representatives of the city and the user. The purpose of such a meeting shall be to establish such procedures, investigations, studies and compliance measures as the city deems necessary and desirable to control and prevent violation of this article. The user shall cooperate fully with the city in making such investigations and studies.
(b) Compliance Directive:
(1) Following the completion of any procedures, investigations studies as described in section 18-67.2(a) above, the city may issue a compliance directive directing and requiring the user to take such action as may be required to control and prevent violations of the article.
(2) If the city has sufficient information at the time of the compliance meeting to determine necessary and desirable compliance measures, it may, at the time of the compliance meeting, issue a compliance directive, directing and requiring the user to take such action, including pretreatment, without further investigation of study.
(3) Failure to comply with the compliance directive of the city shall be deemed a violation of the provisions of this article and may be grounds for revocation of the user's wastewater discharge permit and/or grounds for such other actions as may be authorized for violation of this article.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.3. Same - Revocation Of Permit.
(a) Conditions For Revocation. Any user who violates this article, its permit, the Illinois environmental protection act or the federal act, or regulations promulgated under either act, or any of the following, is subject to having the permit revoked in accordance with the procedure 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 city analysis.
(2) Failure of the user to report significant changes in process activity or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises by city representatives for the purpose of inspection or monitoring.
(4) Tampering with, disrupting, or destroying city equipment.
(5) Failure to report an accidental discharge of a pollutant.
(6) Failure to report an upset or user's treatment facilities.
(7) Violations of conditions of the permit.
(b) Procedures For Revocation:
(1) The city may order any user who causes or allows any action which is subject to revocation under section 18-67.3(a) above to show cause before the city council or its designee why its permit should not be revoked. A notice shall be served on the user specifying the time and place of hearing to be held by the city council or its designee regarding the violation, the reasons why the action is to be taken, the proposed action, and directing the user to show cause before the city council or its designee why its permit should not be revoked. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on any agent or office of the corporation.
(2) The city council or its designee may conduct the hearing and take the evidence and may:
a. Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.
b. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council or its designee for action thereon.
(3) At any hearing held pursuant to this article, 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 copying charges thereof.
(4) After the city council or its designee 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 city council or its designee to abate the discharge be granted. Further orders and directives as are necessary may be issued.
(5) Following an order of revocation, the user shall cease discharging to the city POTW. Failure to do so shall be evidence of continuing harm to city and provide grounds for the granting of injunctive relief or temporary restraining orders.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.4. Same - Order To Show Cause Regarding Disconnection.
The city may, upon discovering an ongoing or potential discharge of pollutant to the city POTW which presents or may present a danger to the environment or which threatens to interfere with the operation of the POTW, immediately issue and order to the user to show cause before the city council or its designee why the city should not disconnect service, revoke the wastewater discharge permit or seek injunctive relief to prohibit the discharger from making the discharge. Procedures to be followed by the city council or its designee in said show cause hearing shall be in accordance with section 18-67.3(b) of this article.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.5. Same - Immediate Disconnection Of Service.
(a) Conditions For Immediate Disconnection Of Service. Any user is subject to immediate disconnection of service under either of the following conditions:
(1) Whenever immediate disconnection is required to halt or prevent any discharge of pollutants to the POTW which reasonably appears to the city to present an imminent endangerment to the health or welfare of persons; or
(2) Whenever the user's wastewater permit is revoked.
(b) Procedures For Immediate Disconnection. Notwithstanding sections 18-67.2, 18-67.3, or 18-67.4, the city engineer shall have the authority, after informal notice to the user, to immediately and effectively halt or prevent any discharge of pollutants to the POTW that reasonably appear to present an imminent endangerment to the health or welfare of persons. When the city engineer determines that such an emergency situation exists, he shall issue a verbal order (followed immediately by a written order) to the user stating the problem and requiring immediate cessation of the discharge. The city engineer's actions may include disconnection of wastewater collection service. The city engineer shall obtain the concurrence of the city attorney before initiating action. Methods of informal notice shall include, but not be limited to, any of the following: personal conversation between user and city employees, telephone calls, letters, hand-delivered messages or notices posted at the user's premises or point of discharge.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.6. Same - Elimination Of Discharge/Reinstatement.
Any user notified of a disconnection of wastewater treatment service under section 18-67.4 or 18-67.5 and/or revocation of its wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the disconnection or revocation order, the city shall take such steps deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or danger to any individuals. The city engineer shall reinstate the discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.7. Same - Injunctive Relief.
(a) The city may institute a civil action for an injunction to restrain violations of this article.
(b) The city may, upon discovering an ongoing or potential discharge of pollutants to the city POTW which reasonably appears to present an imminent danger to the health or welfare of persons, seek and obtain from the circuit court of DuPage County a temporary restraining order or preliminary injunction to halt or prohibit such discharge. Prior to the filing of such petition, the user shall be given informal notice of city intention to file such action. Methods of informal notice shall include, but not be limited to, any of the following: personal conversation between discharger and city employees, telephone calls, letters, hand-delivered messages or notices posted at the users premises or point of discharge. Personal contact between city personnel and the discharger shall be attempted, but shall not be condition precedent to city petitioning for and obtaining a temporary restraining order.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.8. Additional Remedies.
(a) In addition to remedies available to the city set forth elsewhere in this article, if the city is fined by the state or USEPA for violation of the city NPDES permit or violation of water quality standards as the result of a discharge of pollutants, then the fine, including all city legal, sampling, analytical testing costs and any other related costs, shall be charged to the responsible user. Such charge shall be in addition to, and not in lieu of, any other remedies the city may have under this article, statutes, regulations, at law or equity.
(b) If the discharge from any user causes a deposit, obstruction, or damage to any of the city wastewater facilities, the city engineer shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, and supervision, shall be borne by the user causing such deposit, obstruction, or damage.
(c) The remedies provided in this article shall not be exclusive and the city may seek whatever other remedies are authorized by statutes, at law or equity against any person violating the provisions of this article.
(d) In addition to any fine levied under sections 18-67.9 and 18-67.10, the city may, where the circumstances of the particular case so dictate, seek injunctive relief to prohibit the user from discharging into the sanitary sewer system or to provide such other affirmative relief as may be appropriate.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.9. Penalties And Costs.
Any user who is found to have violated an order of the city or who has failed to comply with any provision of this article and the orders, rules and regulations and permits hereunder shall be fined in an amount of not more than one thousand dollars ($1,000.00) for each violation in accordance with the terms and provisions of the Illinois municipal code (Illinois Revised Statutes chapter 124, section 11-121-1 et seq). For the purpose of this section, each day in which any such violation shall occur shall be deemed a separate violation, and a separate violation shall be deemed to have occurred for each constituent which has limitation listed in this article found to exceed the limits established in this article during any such day. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court report fees, and other expenses of litigation by appropriate suit at law against the user found to have violated this article or the orders, rules, regulations, and permits issued hereunder.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-67.10. Falsification.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall be subject to the penalties and costs provided in section 18-67.9 and shall in addition be guilty of a misdemeanor and upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) and/or shall be incarcerated in a penal institution other than the penitentiary for a period not to exceed thirty (30) days.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-70. Surcharge Rate.
In the event use of the wastewater facilities by nonresidential users is determined by the city to include wastes in addition to average strength domestic waste, the user shall pay a surcharge cost in addition to the debt service charge and the basic user rate.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-70.1. Same - Computation Of Surcharges.
The surcharge per user shall be computed by the following formula:
S = V(0.0062) [A(BOD5 - 200) + B(TSS - 220) + C(NH3-N)-15]
Where:
S | = | Amount of surcharge |
V | = | Wastewater volume in one hundred-cubic feet billing period |
(0.0062) | = | Unit weight of water x 10-6 per one hundred cubic feet |
A | = | Unit charge for BOD5 per pound = $0.16 per pound |
BOD5 | = | Five-day biochemical oxygen demand, mg/l or other oxygen demand if the superintendent determines that BOD does not accurately reflect the characteristics of the waste |
200 | = | Allowable BOD5 strength |
B | = | Unit charge for TSS per pound = $0.18 per pound |
TSS | = | Suspended solids, mg/l |
220 | = | Allowable TSS, mg/l |
C | = | Unit charge per pound of NH3-N = $0.69 per pound 15 mg/l per 100 gpcd = allowable NH3-N |
NH3-N | = | Ammonia nitrogen oxygen demand, mg/l |
The concentration of wastes discharged in excess of average strength wastes shall be used for computing surcharges and shall be established by sewage flow or water metered, and waste sampling. Waste sampling and testing by an approved laboratory shall be completed by the discharger as often as may be deemed necessary by the director of public works and shall be binding as a basis for surcharge.
(Ord. 2895, § 4, 5-1-1995; Ord. 2997, § 4, 5-20-1996; Ord. 3074, § 6, 6-2-1997; Ord. 4084, § 3, 4-20-1998; Ord. 4169, § 4, 9-16-1999; Ord. 4284, § 4, 5-23-2000)
Sec. 18-71. Same - Computation Of Wastewater Service Charge.
The wastewater service charge per user shall be computed by the following formula:
W = M + V(D + R + P) + S
Where:
W | = | Amount of wastewater service charge ($) per billing period |
D | = | Debt service charge (section 18-69.3) |
M | = | Billing charge (section 18-69.4) |
V | = | Wastewater volume on one hundred-cubic feet units per billing period for West Chicago. Village of Winfield in one thousand- gallon units per billing period (section 18-69.2) |
R | = | Basic user rate for operation, maintenance and replacement (section 18-69.5) |
S | = | Amount of surcharge (section 18-70) |
P | = | Pretreatment charge for nonresidential user (section 18-69.1) |
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-72. Measurement Of Industrial Waste Flow And Strength.
(a) Generally. Significant users within ninety (90) days of the date of notification by the city shall install and maintain at their expense acceptable water meters or flow metering devices and samplers and manholes as required to determine waste characteristics discharged to the public waters.
(b) Flow Metering Devices. Flow metering devices, installed in monitoring manholes on service lines, will be required for measurement of the volume of waste discharged to the sewers when volumes cannot otherwise be determined from metered water consumption records. This determination shall be made by the city.
(c) Waste Samplers. The industry shall install and maintain waste samplers and hire an approved laboratory to complete waste testing when directed by the city. Waste sampling and testing shall be completed by the user as often as may be deemed necessary by the city. The city shall reserve the right to sample and test all users at any time and bill the users for all involved costs.
(Ord. 2895, § 4, 5-1-1995)
Sec. 18-74. Access To Records.
The United States environmental protection agency or its authorized representative shall have access to any books, documents, papers and records of the city applicable to the city system of user charges for the purpose of making audit, examinations, excerpts, and transcriptions thereof to ensure compliance with the terms of the special and general conditions to any federal grant.
(Ord. 2895, § 4, 5-1-1995)
(Ord. 2001-4-6, 4-5-2001)