51.30 3 national categorical pretreatment standards …

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CHAPTER 51: SEWER USE AND WASTEWATER PRETREATMENT ORDINANCE

SectionGeneral Provisions

51.101 PURPOSE AND POLICY51.102 ADMINISTRATION51.103 JURISDICTION51.104 ABBREVIATIONS51.105 FUNDING51.106 DEFINITIONS

General Sewer Use Requirements

51.201 INFORMATION REQUIRED FROM ALL USERS51.202 STRUCTURES AND EQUIPMENT REQUIRED FOR SEWER USE51.203 FOOD SERVICE ESTABLISHMENTS

General Discharge Requirements

51.301 APPLICABILITY51.302 PROHIBITED DISCHARGE STANDARDS51.303 NATIONAL CATEGORICAL PRETREATMENT STANDARDS51.304 STATE LIMITS51.305 LOCAL LIMITS51.306 VILLAGE’S RIGHT OF REVISION51.307 DILUTION PROHIBITED

General Discharge Compliance

51.401 APPLICABILITY51.402 PRETREATMENT FACILITIES51.403 ADDITIONAL PRETREATMENT MEASURES51.404 SPILL/SLUG CONTROL PLAN51.405 MONITORING REQUIREMENTS51.406 ANALYTICAL REQUIREMENTS51.407 PROTECTION OF VILLAGE SAMPLING AND FLOW METERING EQUIPMENT FROM

DAMAGE51.408 CLOSURE PLAN

Wastewater Discharge Permit Requirements and Application

51.501 WASTEWATER INFORMATION AND ANALYSIS51.502 AUTHORITY AND REQUIREMENTS51.503 EXISTING CONNECTIONS51.504 NEW CONNECTIONS51.505 PERMIT APPLICATION CONTENTS51.506 INDIVIDUAL AND GENERAL APPLICATION SIGNATORIES AND CERTIFICATION51.507 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT DECISIONS

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Wastewater Discharge Permit Issuance Process

51.601 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT DURATION51.602 WASTEWATER DISCHARGE PERMIT CONTENTS51.603 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT APPEALS51.604 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT MODIFICATION51.605 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT TRANSFER51.606 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT REVOCATION51.607 WASTEWATER DISCHARGE PERMIT RE-ISSUANCE51.608 REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS

Reporting Requirements

51.701 PRETREATMENT REQUIREMENTS FOR NON-CATEGORICAL USERS51.702 PRETREATMENT REQUIREMENTS FOR CATEGORICAL INDUSTRIAL USERS51.703 PERIODIC COMPLIANCE REPORTS / SELF MONITORING REPORTS51.704 AUTHORIZED REPRESENTATIVE CHANGE NOTIFICATION51.705 REPORTS OF CHANGED CONDITIONS51.706 REPORTS OF POTENTIAL PROBLEMS51.707 NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING51.708 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE51.709 REPORT SUBMITTAL DUE DATES

Compliance Monitoring

51.801 RIGHT OF ENTRY: INSPECTION AND SAMPLING51.802 RECORD KEEPING51.803 SEARCH WARRANTS

Confidential Information

51.901 SUBMITTING CONFIDENTIAL INFORMATION

Publication of Users in Significant Noncompliance

51.1001 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE

Administrative Enforcement Remedies

51.1101 NOTICE OF VIOLATION51.1102 COMPLIANCE AGREEMENTS51.1103 SHOW CAUSE ORDER51.1104 COMPLIANCE ORDERS51.1105 CEASE AND DESIST ORDERS51.1106 EMERGENCY SUSPENSIONS51.1107 TERMINATION OF DISCHARGE

Penalties and Judicial Enforcement Remedies

51.1201 ORDINANCE VIOLATIONS51.1202 RECOVERY OF COSTS INCURRED51.1203 ADMINISTRATIVE FINES

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51.1204 INJUNCTIVE RELIEF51.1205 CIVIL PENALTIES51.1206 ADDITIONAL REMEDIES51.1207 REMEDIES NONEXCLUSIVE

Supplemental Enforcement Action

51.1301 PERFORMANCE BONDS51.1302 LIABILITY INSURANCE51.1303 PAYMENT FOR OUTSTANDING FEES AND PENALTIES51.1304 WATER SUPPLY SEVERANCE51.1305 PUBLIC NUISANCES51.1306 CONTRACTOR LISTING

Affirmative Defenses to Discharge Violations

51.1401 UPSET51.1402 PROHIBITED DISCHARGE STANDARDS51.1403 BYPASS

Miscellaneous Fees

51.1501 PRETREATMENT CHARGES AND FEES [RESERVED]

Miscellaneous Provisions

51.1601 SEVERABILITY51.1602 CONFLICT51.1603 OFFENSES UNDER PREVIOUS ORDINANCES51.1604 EFFECTIVE DATE

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SECTION 1: GENERAL PROVISIONS

51.101 PURPOSE AND POLICY

This Ordinance sets forth uniform requirements for Users of the POTW for the Village of Itasca and enables theVillage to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code[USC] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 CFR Part 403). The objectives ofthis Ordinance are:

A. To prevent the introduction of Pollutants into the POTW that will interfere with its operation;

B. To prevent the introduction of Pollutants into the POTW that will Pass Through the POTW, inadequatelytreated, into receiving waters, or otherwise be incompatible with the POTW;

C. To protect both POTW personnel who may be affected by air, Wastewater, and Biosolids in the course oftheir employment and the general public;

D. To improve opportunities to reduce and reclaim Wastewater, Biosolids, and effluent from the POTW;

E. To enable the Village to comply with its NPDES permit conditions, Biosolids use and disposalrequirements, and any other Federal or State laws to which the POTW is subject; and

F. To provide for fees for equitable distribution of the cost of operation, maintenance, and improvement ofthe POTW.

This Ordinance shall apply to all Users of the POTW and provides for the enforcement of general requirements forUsers. The Ordinance authorizes the issuance of individual Wastewater Discharge Permits; provides formonitoring, compliance, and enforcement activities; establishes administrative review procedures; requires Userreporting; and provides for the setting of fees for the equitable distribution of costs resulting from the programsestablished herein.

It shall be unlawful to Discharge or cause to be Discharge to the POTW, without having first complied with theterms of this Ordinance. At minimum, all Users are subject to the Prohibited Discharge Standards in Section51.302, Change Notification in Section 51.704, and Hazardous Waste Notification in Section 51.708 if applicable.Spill/Slug Control Planning may also be necessary for some Users as identified in Section 51.404.

51.102 ADMINISTRATION

Except as otherwise provided herein, the Pretreatment Coordinator, and/or the individual delegated by theCoordinator, or the President of the Village of Itasca as such, shall administer, implement, and enforce theprovisions of this Ordinance. Any powers granted to or duties imposed upon the Coordinator, and/or theindividual delegated by the Coordinator or the President of the Village of Itasca, may be authorized by the Villageor Coordinator to other Village personnel or other Duly Authorized Agent(s) of the Village.

51.103 JURISDICTION

This Section shall apply to the Village and to persons outside the Village who are, by contract or agreement withthe Village, Users of the POTW.

51.104 ABBREVIATIONS

The following abbreviations, when used in this Ordinance, shall have the designated meanings:

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BOD - Biochemical Oxygen DemandBMP - Best Management PracticesBMR - Baseline Monitoring ReportCFR - Code of Federal RegulationsCIU - Categorical Industrial UserCOD - Chemical Oxygen DemandDNQ - Detected Not QuantifiableFOG - Fats, Oils, and Grease (interchangeable with Oil and Grease)FSE - Food Service EstablishmentGI - Grease Interceptorgpd - Gallons per dayIEPA - Illinois Environmental Protection AgencyIU - Industrial UserMDL - Method Detection Limitmg/l - Milligrams per literND - Not DetectedNPDES - National Pollutant Discharge Elimination SystemNSCIU - Non-Significant Categorical Industrial UserNSRU - Non-Significant Regulated UserNUA - Non-Uniform AllocationPOTW - Publicly Owned Treatment WorksPQL - Practical Quantification LimitPSES - Pretreatment Standards for Existing SourcesPSNS - Pretreatment Standards for New Sourcesppm - Parts per million (assumed equivalent to mg/l for water)RCRA - Resource Conservation and Recovery ActSIU - Significant Industrial UserSNC - Significant NoncomplianceSSC - Spill/Slug ControlSWDA - Solid Waste Disposal ActTSS - Total Suspended SolidsUSC - United States CodeUSEPA - United States Environmental Protection AgencyWWTP - Wastewater Treatment Plant

51.105 FUNDING

It is the intent of the Village to recover all costs associated with the Pretreatment Program in an equitable mannerfrom all Users within the Program.

51.106 DEFINITIONS

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shallhave the meanings hereinafter designated.

ACT or CLEAN WATER ACT or FEDERAL ACT. The Federal Water Pollution Control Act, also known as the CleanWater Act, as amended, 33 USC § 1251 et seq.

APPROVAL AUTHORITY. Regional Administrator of USEPA Region 5.

AUTHORIZED REPRESENTATIVE of the User:

A. If the User is a corporation:

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1. The President, secretary, treasurer, or a Vice-President of the corporation in charge of a principalbusiness function, or any other Person who performs similar policy or decision-making functions forthe corporation; or

2. The manager of one or more manufacturing, production, or operation facilities provided the manageris authorized to make management decisions that govern the operation of the regulated facilityincluding having the explicit or implicit duty of making major capital investment recommendations,and initiate and direct other comprehensive measures to assure long-term environmental compliancewith environmental laws and regulations; can ensure that the necessary systems are established oractions taken to gather complete and accurate information for individual Wastewater Permitrequirements; and where authority to sign documents has been assigned or delegated to themanager in accordance with corporate procedures.

B. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.

C. If the User is a Federal, State, or local governmental facility: a director or highest official appointed ordesignated to oversee the operation and performance of the activities of the government facility, or theirdesignee.

D. The individuals described in situations A through C may designate a Duly Authorized Representative. Thedesignation must be in writing, and the authorized representative described in situations A through Cmust designate an individual or position responsible for the overall operation or environmental matters ofthe facility from which the Discharge of concern originates. The written designation of the individual orposition as the Duly Authorized Representative must be submitted to the Village.

BATCH DISCHARGE. A single planned or scheduled release of a known volume accumulated on site over aperiod of time containing one or more Pollutants.

BEST MANAGEMENT PRACTICE (BMP). Schedules of activities, prohibitions of practices, maintenanceprocedures, and other management practices to implement the prohibitions listed in Section 51.302 [40 CFR403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plantsite runoff, spillage, or leaks, Biosolids or waste disposal, or drainage from raw materials storage.

BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organicmatter under standard laboratory procedures approved in 40 CFR 136 for five (5) days at twenty (20) degreesCelsius, usually expressed as a concentration (e.g., mg/L).

BIOSOLIDS. The nutrient-rich organic materials resulting from the treatment of Sewage Sludge.

BUILDING DRAIN PIPE. The part of the lowest piping of a drainage system in a building which receivesDischarge and Wastewater and conveys it to the Building Sewer, or other approved point of Discharge. Thebuilding drain ends five (5) feet (1.5 meters) outside the inner face of the building wall. Discharge of stormwaterrunoff to the building drain or sanitary sewer is prohibited.

BUILDING SEWER. The extension from the Building Drain to the Public Sewer or other place of disposal.

BYPASS. The intentional diversion of wastestreams from any portion of a User’s treatment or Pretreatmentfacility.

CATEGORICAL INDUSTRIAL USER (CIU). An Industrial User subject to a Categorical Pretreatment Standard orCategorical Standard. A CIU is also considered to be a Significant Industrial User unless designated otherwise.

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CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing PollutantDischarge limits promulgated by USEPA in accordance with Sections 307(b) and (c) of the Act (33 USC § 1317)which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

COMBINED WASTE STREAM FORMULA. The formula set forth in 40 CFR Section 403.6(e).

COMPOSITE SAMPLE. A sample of Wastewater composed of two or more discrete samples collected based on aflow-proportional or time-proportional method.

CONTROL AUTHORITY. The Village of Itasca.

COOLING WATER. Water which does not come into contact with process or other waste, and is used to removeheat from an Industrial Process by conduction or any other non-contact means to which the only Pollutant addedis heat.

COORDINATOR. See Pretreatment Coordinator.

DAILY MAXIMUM. The arithmetic average of Pollutant amounts of all effluent samples collected during acalendar day.

DAILY MAXIMUM LIMIT. The maximum allowable Pollutant Discharge limit during a calendar day. If DailyMaximum Limits are expressed in terms of a concentration, the daily Pollutant Discharge is the arithmetic averageof the Pollutant concentration derived from all measurements taken that day. The Daily Maximum Limit isintended to represent the average concentration of an entire calendar day of Wastewater Discharge. Where DailyMaximum Limits are expressed in units of mass, the daily Pollutant Discharge is the total mass Discharged over thecourse of a calendar day. The Local Limits for BOD, TSS, ammonia-nitrogen (as N), cadmium, chromium, copper,lead, mercury, nickel, phosphorus (as P), silver, and zinc are considered Daily Maximum Limits.

DIRECTOR. Director of Public Works of the Village of Itasca.

DISCHARGE. See Indirect Discharge.

DISCHARGE PERMIT. A document issued to a User which specifies the requirements for Discharge to the POTWor the requirements for zero Discharge of Wastewater to the POTW as appropriate.

ENVIRONMENTAL PROTECTION AGENCY or USEPA. The U.S. Environmental Protection Agency or, whereappropriate, the Regional Water Management Division Director, the Regional Administrator, or other dulyauthorized official of said agency.

EXISTING SOURCE. Any source of Discharge that is not a New Source.

FATS, OILS, AND GREASE (FOG). Any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other materialthat is extracted by a solvent in a method approved in 40 CFR 136.

FLOATABLE OIL. FOG in a state such that it will separate by gravity from Wastewater by treatment in anapproved Pretreatment facility.

FLOW. Movement of a volume of liquid per unit of time.

GARBAGE. Solid wastes from domestic and commercial preparation, cooking, and dispensing of food and fromthe commercial handling, storage, and sale of produce or food.

GRAB SAMPLE. A sample which is taken from a wastestream on a one-time basis without regard to the flow in

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the wastestream and over a period of time not to exceed fifteen (15) minutes.

HAULED WASTE. Wastewater that is removed from the facility which it was created in a container meant forvehicular transport for disposal elsewhere.

INDIRECT DISCHARGE or DISCHARGE. The introduction of one or more Pollutants from any non-domesticsource.

INDUSTRIAL PROCESS. Work performed to produce wholesale goods or services, often referred to in thisdocument as “process”.

INDUSTRIAL [SOURCE, USER (IU)]. A Non-Residential User that performs an Industrial Process. See definition ofUser.

INDUSTRIAL WASTE. A byproduct of an Industrial Process. See also Industrial Wastewater.

INDUSTRIAL [WASTE STREAM, WASTEWATER]. A combination of liquid and water carried wastes Dischargedfrom any Industrial User, including the Wastewater from Pretreatment facilities and polluted Cooling Water.

INSTANTANEOUS LIMIT. The maximum concentration of a Pollutant allowed to be Discharged at any time,determined from the analysis of any grab sample collected, independent of flow rate and the duration of thesampling event. The Local Limits for chromium (VI), cyanide, FOG, pH, Phenols, and volatile organic compoundsare considered Instantaneous Limits.

INTERFERENCE or INTERFERE. A Discharge which, alone or in conjunction with a Discharge or Discharges byother sources, inhibits or disrupts the POTW, its treatment processes or operations, or its Biosolids processes, use,or disposal; or is a cause of, and therefore is contributory to, a violation of any requirement of the POTW’s NPDESpermit (including an increase in the magnitude or duration of a violation) or of the prevention of Wastewater orBiosolids use, reuse, or disposal by the POTW in accordance with the following statutory provisions and regulationsor permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act,the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservationand Recovery Act (RCRA), and including State regulations contained in any state Biosolids or Sludge managementplan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substance Control Act, and theMarine Protection, Research and Sanctuaries Act.

LOCAL LIMIT. A limit on discharges of a specific Pollutant developed and enforced by the Village upon Users orfacilities to implement the general and specific Discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes,sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, anddialysis wastes.

MILLIGRAMS PER LITER or mg/L. A unit of the concentration of water or Wastewater constituent representing0.001 grams of the constituent in one (1) liter of water.

MONTHLY AVERAGE. The sum of the concentrations of all daily Discharges measured during a calendar monthdivided by the number of daily Discharges measured during that month.

MONTHLY AVERAGE LIMIT. The highest allowable Monthly Average for a calendar month.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT STANDARD orCATEGORICAL STANDARD. Any regulation containing Pollutant Discharge limits promulgated by the USEPA in

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accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of Users andwhich appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The national program for issuing,modifying, revoking and reissuing, terminating, monitoring, and enforcing permits from point sources to waters ofthe United States, and imposing and enforcing Pretreatment Requirements, under sections 307, 402, 318 and 405of the Act.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT. A permit issuedpursuant to Section 402 of the CWA, or Section 12(f) of the Act.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

NEW SOURCE.

A. Any building, structure, facility, or installation from which there is (or may be) a Discharge of Pollutants,the construction of which commenced after the publication of proposed Pretreatment Standards underSection 307 (c) of the Clean Water Act which will be applicable to such source if such standards arethereafter promulgated in accordance with that section, provided that one of the following is true:

1. The building, structure, facility, or installation is constructed at a site on which no other source islocated;

2. The building, structure, facility, or installation totally replaces the process or production equipmentthat causes the Discharge of Pollutants at an Existing Source; or

3. The production or Wastewater-generating processes of the building, structure, facility, orinstallations are substantially independent of an Existing Source at the same site. In determiningwhether these are substantially independent, factors such as the extent to which the new facility isintegrated with the existing plant, and the extent to which the new facility is engaged in the samegeneral type of activity as the Existing Source should be considered.

B. Construction on a site at which an Existing Source is located results in a modification rather than a NewSource if the construction does not create a new building, structure, facility, or installation meeting thecriteria of parts (A)(1) or (A)(2) above but otherwise alters, replaces, or adds to the existing process orproduction equipment.

C. Construction of a New Source as defined under this paragraph has commenced if the owner or operatorhas done one of the following:

1. Begun or caused one of the following to begin as part of a continuous onsite construction program:

a. Any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings,structures, or facilities which is necessary for the placement, assembly, or installation of NewSource facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which areintended to be used in its operation within a reasonable time. Options to purchase or contractswhich can be terminated or modified without substantial loss, and contracts for feasibility,engineering, and design studies do not constitute a contractual obligation under this paragraph.

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3. New Sources shall install and have in operating condition and shall “start-up” all pollution controlequipment required to meet applicable Pretreatment Standards before beginning to Discharge.Within the shortest feasible time (not to exceed ninety (90) days), New Sources shall meet allapplicable standards.

NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with anyraw material, intermediate product, waste product, or finished product.

NON-RESIDENTIAL [SOURCE, USER]. Any partnership, co-partnership, firm, company, corporation, association,joint stock company, trust, estate, governmental entity, or any other legal entity or their legal representatives,agents, or assigns. This definition includes all Federal, State, and local governmental entities. See definition ofUser.

NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU). See definition of Significant Industrial User.

NON-SIGNIFICANT REGULATED USER (NSRU). A source of Indirect Discharge from a Non-Residential Source thatis regulated through a Discharge Permit issued by the Village’s Pretreatment Program that the Coordinator deemsas having the potential to Interfere with the intent of this Ordinance, but is not classified as an SIU.

OWNER. The Person which holds fee simple title to the real property upon which a User’s facility is located.

PASS THROUGH. The Discharge of one or more Pollutants that exits the POTW into waters of the United Statesin quantities or concentrations, which alone or in conjunction with Discharge or Discharges from other Users, is acause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude orduration of a violation.

PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stockcompany, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, orassigns. This definition includes all Federal, State, and local governmental entities.

pH. A measure of the acidity or alkalinity of a solution, calculated by taking the base 10 logarithm of thereciprocal of the hydrogen ion concentration, expressed in standard units.

POLLUTANT. A substance or energy that, when introduced into the environment, has undesired effects oradversely affects the usefulness of a resource, which includes any of the following, but is not limited to: paints,varnishes, solvents, oil and other automotive fluids, yard wastes, floatables, dredged spoil, solid waste, incineratorresidue, filter backwash, Sewage, Garbage, Sludge, Biosolids, munitions, Medical Wastes, chemical wastes,hazardous wastes, biological materials, pesticides, herbicides, fertilizers, radioactive materials, heat, wrecked ordiscarded equipment, rock, sand, cellar dirt, or municipal or agricultural waste, Industrial Waste, bacteria, viruses,noxious matter, and certain characteristics of Wastewater, such as pH, TSS, turbidity, color, BOD, COD, toxicity,odor.

PPM. Parts per million and is equivalent to milligrams per liter when water is the solvent.

PRETREATMENT. The reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration ofthe nature of Pollutant properties in Wastewater to a less harmful state prior to, or in lieu of, Discharging orotherwise introducing such Pollutants into the POTW. This reduction or alteration can be obtained by physical,chemical, or biological processes; by process changes; or by other means, except by diluting the concentrations ofthe Pollutants unless allowed by an applicable Pretreatment Standard.

PRETREATMENT COORDINATOR or COORDINATOR. The Person designated by the Village of Itasca who ischarged with certain duties and responsibilities by this Ordinance. The term also means a Duly AuthorizedRepresentative of the Coordinator.

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PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to Pretreatment imposedon a User, other than a Pretreatment Standard.

PRETREATMENT STANDARDS. Prohibitive Discharge Standards, Local Limits, State of Illinois PretreatmentStandards, or Categorical Pretreatment Standards.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the Dischargeof certain substances. These prohibitions appear in Section 51.302 of this Ordinance and 40 CFR 403.5.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that havebeen shredded to such a degree that all particles will be carried freely under the flow conditions normallyprevailing in Public Sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

PUBLIC SEWER. A Sewer provided by or subject to the jurisdiction of the Village. It shall also include Sewerswithin or outside the Village boundaries that serve one or more Persons and ultimately Discharge into the POTW,even though those Sewers may not have been constructed with Village funds.

PUBLICLY-OWNED TREATMENT WORKS (POTW). A “treatment works”, as defined by Section 212 of the Act, (33USC Section 1292) owned by the Village of Itasca. This definition includes any devices and systems used in thecollection, transportation, storage, treatment, recycling, reclamation and discharge of Sewage or Industrial Wastesof a liquid nature to the WWTP regardless of ownership.

RESIDENTIAL [SOURCE or USER]. Any single family or multi-family dwelling unit designed primarily as a place ofhuman habitation which Discharges only domestic Wastewater to the POTW. If a Residential User operates abusiness out of his/her dwelling, at the discretion of the Coordinator, the introduction of Pollutants into the POTWoriginating from the operation of the business may be subject to regulation under this Ordinance.

SANITARY SEWER. A pipe or conduit designed and/or intended to carry Wastewater from residences,commercial buildings, industrial plants and institutions, and to which Stormwater, surface water, ground waterand unpolluted Non-Contact Cooling Water are not intentionally admitted.

SEWER. A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface, and groundwater drainage.

SEWAGE. See definition of Wastewater.

SHALL/MAY. “Shall” is mandatory; “May” is permissive.

SIGNIFICANT INDUSTRIAL USER (SIU). A User of the POTW (except as provided by paragraphs (C) and (D)) who:

A. Is subject to any Categorical Pretreatment Standards; or

B. A User that:

1. Has an average process Wastewater Discharge flow of twenty-five thousand (25,000) gallons per dayor more per work day (excluding Sanitary, Non-Contact Cooling Water, and boiler blow-downWastewater); or

2. Has a Discharge flow of process Wastewater that makes up five percent (5%) or more of the averagedry weather hydraulic or organic capacity of the WWTP; or

3. Is designated as such by the Village on the basis that it has a reasonable potential for adversely

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affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement.

C. The Village may determine that a User subject to Categorical Pretreatment Standards is an NSCIU ratherthan an SIU on a finding that the User never Discharges more than one hundred (100) gallons per day(gpd) of total Categorical Wastewater (excluding Sanitary, Non-Contact Cooling Water, and boilerblowdown Wastewater, unless specifically included in the Pretreatment Standard) and the followingconditions are met:

1. The User, prior to the Village’s finding, has consistently complied with all applicable CategoricalPretreatment Standards and Requirements;

2. The User annually submits the certification statement required in Section 51.703 [see 40 CFR403.12(q)], together with any additional information necessary to support the certificationstatement; and

3. The User never Discharges any untreated concentrated Wastewater, ie Wastewater with Pollutantconcentrations above the subject category’s Discharge limits.

D. Upon a finding that a User meeting the criteria in subpart B above has no reasonable potential foradversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement, theVillage may at any time, on its own initiative or in response to a petition received from a User and inaccordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered aSignificant Industrial User.

SLUDGE or SEWAGE SLUDGE. Solid, semisolid, or liquid untreated residue generated during the treatment ofNon-Residential Sewage in a POTW.

SLUG or SLUG LOAD. Any non-routine or episodic Discharge of liquid waste, including but not limited to anaccidental spill or a non-customary Batch Discharge, at a flow rate or containing a Pollutant concentration thatcould cause a violation of the Prohibited Discharge Standards in Section 51.302 of this Ordinance or has areasonable potential to cause Interference or Pass Through or in any other way violate the POTW’s regulations,Local Limits, or Permit conditions.

STORM SEWER. A Sewer that carries rain water, snow melt, and surface drainage but excludes sewage andIndustrial Wastes other than unpolluted Cooling Water.

STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting fromsuch precipitation, including snowmelt.

T. As in “Cyanide-T”, means total or the sum of the amounts of a substance in all phases and species.

TAP. The connection to the sewer main through the use of a factory “wye” or “tee”, a saddle connection, anInserta tee ©, or other plumber connection (i.e. hammer tap).

TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS. Total suspended matter, expressed in milligrams perliter, that either floats on the surface of, or is in suspension in, water, Wastewater, or other liquids and isremovable by laboratory filtration, under standard laboratory procedures approved in 40 CFR 136.

TOTAL TOXIC ORGANICS. The summation of all quantifiable values greater than 0.01 milligrams per liter for thetoxic organics specified in the applicable 40 CFR 405-471 categorical regulation.

UNPOLLUTED WATER. Water having a quality equal to or better than the effluent criteria in effect, or water thatwould not cause violation of receiving Water Quality Standards and would not be benefited by Discharge to and

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treatment by the POTW.

UPSET. An exceptional incident in which there is unintentional and temporary Noncompliance withPretreatment Standards because of factors beyond the reasonable control of the Industrial User. An Upset doesnot include Noncompliance to the extent caused by operational error, improperly designed treatment facilities,inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

USEPA. See Environmental Protection Agency.

USER. Any Person, excluding Residential Sources, that contributes, causes or permits the source of IndirectDischarge into the POTW, or such Persons or sources that are prohibited from Discharging specific Pollutants orwaste streams to the POTW.

VILLAGE. The Village of Itasca or the Village Board of Itasca.

WASTEWATER. The combination of the liquid and water carried wastes from residential dwellings, commercialbuildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which arecontributed to the POTW.

WASTEWATER DISCHARGE PERMIT or DISCHARGE PERMIT. The document or documents issued to a User bythe Village pursuant to Section 6 of this Ordinance.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT or WWTP. The portion of the POTW which isdesigned to provide treatment of municipal sewage and Industrial Waste.

WATER QUALITY STANDARDS. Standards defined in the Water Quality Standards of Illinois, Section 302 ofIllinois Administrative Code 35.

WATERS OF THE STATE OF ILLINOIS. All streams, lakes, ponds, marshes, water courses, waterways, wells,springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water,surface or underground, natural or artificial, public or private, which are contained within, flow through, or borderupon the State of Illinois or any portion thereof.

SECTION 2: GENERAL SEWER USE REQUIREMENTS

51.201 INFORMATION REQUIRED FROM ALL USERS

A. Initial Survey

The Initial Survey is a document that collects information about a User’s potential to Discharge Pollutantsto the POTW.

1. The User shall have a minimum of fourteen (14) days after the postmarked date on the envelope, orthe date which the Initial Survey was hand-delivered to the User, to fully complete and submit theInitial Survey back to the Village.

2. An Initial Survey shall be completed by all Users and submitted to the Village in order to ensure thatsaid Users of the POTW adhere to and comply with the restrictions and prohibitions pertaining toPretreatment Standards of wastes Discharged into the POTW, spill and slug control of raw materials,intermediates, and waste, and to facilitate the Village's investigation of apparent or suspectedviolations thereof. The requirements of the initial survey are as follows:

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a. All existing and new Users required by the Pretreatment Coordinator shall complete and submitan Initial Survey on a paper or web-based form provided by the Village when requested by theVillage.

b. All Users seeking to establish a new account for water and/or sanitary sewer service in anexisting location from the Village or to establish a new connection to the POTW shall submit acompleted Initial Survey with the Village as a condition to the establishment of such newwater/sanitary sewer service account or connection to the POTW.

c. All Users that fail to complete and submit to the Village an Initial Survey shall be in violation ofthis Ordinance and shall be subject to all of the applicable penalties thereof, including not limitedto the revocation of all permits and approvals previously granted to the User in question for theDischarge of Sewage or Wastewater into the POTW.

B. Affirmation to Initial Survey

1. The Pretreatment Coordinator may determine, based on building, zoning, and occupant usage,whether a User shall be required to file an affirmation of survey with the annual business licenserenewal. The User’s status will be determined by the Coordinator after review of the Initial Survey.

2. Any User which previously filed an Initial Survey and the information remains true, complete, andcorrect in all respects may be required to submit a statement that the information remains current.

a. The statement shall be filed with the Pretreatment Coordinator not later than January 31 of theyear in which it is required.

b. All Users that fail to submit an affirmation of survey with the Village when required shall be inviolation of the provisions of this Ordinance and shall be subject to all of the applicable penaltiesthereof, including but not limited to the revocation of all permits and approvals previouslygranted to the User in question for the Discharge of Sewage or Wastewater into the POTW.

C. Reports of Changed Conditions

1. Any User that makes any changes determined to be substantial as defined in Section 51.705 shallreport said changes as required in Section 51.705 prior to making any of the changes. The User shallbe required to submit an updated survey as a result of changed conditions.

D. Additional Wastewater Survey Information

1. After review of the Initial Survey completed per this section, all Users that the PretreatmentCoordinator has determined to have the potential to be defined as either an SIU or a NSRU shall berequired to complete and submit a more detailed Wastewater Survey on a form provided by theVillage.

A description of processes, water usage, Wastewater characteristics, or a site plan for the facilityshowing locations of processes and points of Discharge into the Building Sewer may be required to besubmitted. The Wastewater Survey shall contain a statement affirming the truth, completeness, andcorrectness of information submitted signed by an Authorized Representative of the User.

This information will be evaluated by the Coordinator to determine if an Individual WastewaterDischarge Permit is required.

2. Periodic Updates of Wastewater Survey Information. The information provided in the Wastewater

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Survey shall be revised and/or updated for the following conditions:

a. A Report of Changed Conditions is filed as required in Section 51.705;

b. An application for a Wastewater Discharge Permit is required to be filed per Section 5 andSection 6 of this Ordinance;

c. A renewal application for a Wastewater Discharge Permit is required to be filed as a result of are-issuance of a Wastewater Discharge Permit per Section 51.607; or

d. At any other time the Pretreatment Coordinator may require, provided a User shall not berequired to update Wastewater Survey information more than once per twelve month periodunless one of the conditions set forth in subsections 51.201(D)(2)(a) through (c) apply.

3. In addition to the Wastewater Survey required above, a User which has the potential to be classifiedas a CIU shall be required to complete a category-specific survey that identifies sub-processes andprocesses performed at the site in order to define which sub-processes and processes are regulatedby an USEPA Effluent Guideline category.

51.202 STRUCTURES AND EQUIPMENT REQUIRED FOR SEWER USE

A. Upon determination by the Village, a User may be required to install any of the following structures orfacilities, supplemented by plans, specifications, and other information considered necessary in thejudgment of the Coordinator. Such structures and facilities shall be installed and maintained at all timesat the User’s sole cost and expense. Monitoring facilities, flow metering devices, sampling equipment,and documentation of the frequency of sampling, sampling methods, and analysis of samples shall besubject, at all reasonable times, to inspection by the Village.

1. Monitoring Manhole. All Users are required to install a monitoring manhole for each separateDischarge in the Building Sewer in accordance with the plans and specifications approved by theVillage. Each manhole shall be situated on the User’s premises in an easement dedicated to theVillage.

The monitoring manhole shall be located on the Building Sewer at a point where there are nochanges in grade or alignment for at least 15 pipe diameters upstream and downstream from themanhole. The slope of the pipe shall not exceed 1% (1 foot per 100 feet) through the manhole andfor a distance of 15 pipe diameters upstream and 15 pipe diameters downstream from the manhole.

The monitoring manhole shall be installed upstream of the Village Sewer at a distance approved bythe Village.

There shall be ample room in or near such monitoring manhole to allow accurate sampling andpreparation of samples for analysis. The manhole shall be installed and maintained by the Ownerand/or User at its sole cost and expense and shall be safe and accessible to the Village at all times.The failure of a User to keep its monitoring manhole in good working order shall not be grounds forthe User to claim that sample results are not representative of its Discharge.

a. All Users are required to install a monitoring manhole for each separate Discharge of a BuildingSewer into the Public Sewer with the plans and specifications approved by the Village.

b. In the event that a suitable sampling facility does not exist at an existing building:

i. If the User is classified as an SIU or an NSRU, the User shall install a monitoring manhole or

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sampling chamber for use as the Local Limits regulatory sampling location along the BuildingSewer, in accordance with plans and specifications approved by the Village. A samplingchamber may be required to be installed within the building.

ii. If the User is classified as a CIU, the User shall install a monitoring manhole or samplingchamber for use as the regulatory sampling location of the categorically regulated Dischargein the Building Sewer in accordance with plans and specifications approved by the Village.This sampling chamber may be required to be installed within the building and may be inaddition to an end-of-pipe manhole.

iii. Under certain circumstances, at the discretion and approval of the Coordinator, the Usermay be permitted to construct a monitoring point within the User’s facility to serve either asan end-of-process monitoring point or an end-of-pipe monitoring point. A monitoring pointwithin the building shall be accessible to the Village for necessary sampling and observation.

iv. Under certain circumstances and at the discretion of the Coordinator, the Village mayconsider the monitoring manhole location to be either the nearest downstream manhole inthe Public Sewer from the point at which the Building Sewer is connected or the point ofprocess Wastewater Discharge if accessible by the Village.

c. The failure of a User to maintain its monitoring manhole in good working order shall not begrounds for a User to assert that the sample results are unrepresentative of its Discharge.

d. Where such a monitoring manhole location would be impractical or cause extreme hardship onthe User, the Village may permit the monitoring manhole to be constructed in the public right ofway provided the monitoring manhole is located so that it shall not be obstructed by landscapingor parked vehicles. If a monitoring manhole is located in a parking lot, permanent barricadesshall be placed around the monitoring manhole to prevent vehicles from driving or parking overthe monitoring manhole cover.

e. The Pretreatment Coordinator may determine sub-classes of business that do not require theinstallation of a monitoring manhole; provided, however, monitoring manholes shall be requiredin zoned business or industrial parks.

f. If the User is one tenant in a multi-tenant building, the User shall either install a monitoringmanhole particular to their Discharge or perform a Village-approved sampling study to determinethe Pollutant loading from all other Users contributing to the building monitoring manhole. Theapproval to proceed with the initial sampling study does not absolve the User from therequirement to install a monitoring manhole. The Coordinator may waive the requirement toinstall a monitoring manhole contingent upon the quality and conclusions of the sampling study.Once the waiver is granted, alternative Pollutant limits shall be calculated using the CombinedWastestream Formula methodology for the User to which the waiver was granted.

2. Liquid Quantity Measurements. All Significant Industrial Users and Users subject to Wastewatersurcharges may be required to install an open channel flow measuring device in the monitoringmanhole. When required, the sampling chamber shall contain a Palmer-Bowlus, Parshall flume, orequivalent, unless a weir or similar device is approved by the Village.

The Village may, at its option, based on the water usage and/or waste loadings, require the User toinstall a device with a recording and totalizing register for measurement of the liquid quantity. Thedevice shall include a recorder, suitable to display seven (7) calendar days of flow at a time. Theequipment required to indicate, record, and totalize the flow shall be located in a warm dry locationand be accessible to the Village for reading. This equipment shall be installed and maintained by the

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User at the User’s sole cost and expense. The User shall complete installation of the flowmeasurement device and secondary flow measuring device based on the installation scheduleapproved for such device by the Village.

The User shall be required to calibrate and maintain the flow metering equipment in accordance withthe manufacturer’s recommended procedures and frequencies. Users who operate flow measuringdevices shall submit the procedure for operation and maintenance to the Pretreatment Coordinator.The User shall further document operations and maintenance in a log which shall be available forinspection by authorized agents of the Village. At a minimum, the User shall submit a semi-annualcalibration report performed by an outside representative by the deadline defined in the User’sDischarge Permit. The User may be required to submit flow records to the Pretreatment Coordinatormonthly.

3. Sampling Equipment. The Village may, at its option, based on water usage and/or waste loadings orwhen the waste loads cannot be accurately evaluated by timed Composite Samples, require the Userto install sampling equipment. This equipment shall be installed and maintained by the User at theUser’s sole cost and expense.

Users shall submit the procedure for operations and maintenance of the sampling equipment to thePretreatment Coordinator. The User shall further document operations and maintenance in a logwhich shall be available for inspection by authorized agents of the Village. At minimum, the Usershall submit a semi-annual report confirming the accurate operation of the equipment performed byan outside representative by the deadline defined in the Wastewater Discharge Permit.

The failure of a User to maintain its sampling equipment in good working order shall not be groundsfor a User to assert that the sample results are unrepresentative of its Discharge.

4. Garbage Grinders. Garbage is required to be properly shredded in order to be approved to beDischarged to the Public Sewer. Wastes classified as Properly Shredded Garbage contain all particlesbeing carried freely under the flow conditions normally prevailing in Public Sewers, with no particlegreater than one-half inch (1.27 centimeters) in any dimension. The installation and operation of anygarbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shallbe subject to review and approval of the Building Department. Garbage grinders are prohibited to beconnected to a grease interceptor.

5. FOG and/or Sand Interceptors. Interceptors shall be provided in facilities connected to the PublicSewer where it is determined that they are necessary for the proper handling Wastewater thatcontains excessive amounts of FOG or sand, except that such interceptors shall not be required forResidential Users. All interception units shall be of type and capacity approved by the BuildingDepartment and shall be so located to be easily accessible for cleaning and inspection. FOG and sandinterceptors used for petroleum grease and oils may be located inside the building. Such interceptorsshall be inspected, cleaned, and repaired regularly, as needed, by the User at its sole cost andexpense.

51.203 GREASE SEPARATION

The Coordinator may require Users, specifically any User which Discharges FOG, or any derivative of fat, oil, orgrease, into the POTW to comply with the following requirements. Inspections of Users will determine thepotential for adverse impact to the POTW. Facilities determined to have the potential to adversely impact thePOTW will be subject to the requirements below.

A. Grease Traps and Interceptors. Grease traps and interceptors (collectively referred to as greaseinterceptors or GI) shall be installed by all Users, as required by the Pretreatment Coordinator, in

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accordance with this section. All GI shall be of a type and capacity approved by the Coordinator based onan evaluation of the volume and characteristics of the Discharge in conjunction with the operating plan ofthe User. The Coordinator may require a GI to be installed or modified in an existing User where said Userhas caused or contributed to overflows and/or blockages in a Public Sewer or is suspected of contributingto other FOG-related problems, or at an existing User that significantly remodels its site or whenstreetscapes or street/sewer replacements are installed.

1. Location. All GI shall be easily accessible for cleaning and inspection. All GI shall be located on theexterior to the building for all new construction and when feasible at an existing User. The GI shallnot be located in drive-through lanes.

2. Sizing. Each GI shall be sized to continuously produce an effluent containing less than the Local Limitfor FOG based on the GI’s hauling frequency. Minimum GI size shall be according to Section 890.510of the Illinois Administrative Code.

3. Maintenance. Such grease traps shall be inspected, the grease cap and solids blanket cleaned everythree months, the entire contents of the trap cleaned annually and repaired regularly, as needed, bythe Owner and/or User at its sole cost and expense. It shall be the responsibility of the User toinspect its GI during the pumping procedure to ensure the trap is properly cleaned out and that allfittings and fixtures inside the trap are in working condition and functioning properly. In the eventthat actual operations of the GI fail to produce results that consistently prevent prohibitiveDischarges as defined in Section 51.302, the User shall be required by the Pretreatment Coordinatorto have the GI cleaned at a more frequent rate or install additional Pretreatment as necessary.

4. Modifications. The Pretreatment Coordinator may make determinations of GI adequacy, need,design, appropriateness, application, location, modification(s), and conditional usage based on reviewof all relevant information regarding GI performance, facility site and building plan review by allregulatory reviewing agencies and may require repairs to, or modification or replacement of the GI.

B. External Grease Interceptor Criteria. GI installed at new and existing User must meet the followingcriteria:

1. Size. The size shall be determined by the Pretreatment Coordinator using a formula that is approvedby the Village. The minimum capacity of any one unit shall be five hundred (500) gallons and themaximum capacity shall be fifteen hundred (1,500) gallons. Where sufficient capacity cannot beachieved with a single unit, installation of GI in series shall be required.

2. Twenty-Five Percent Requirement. The GI shall provide for a minimum hydraulic retention time of 24minutes at actual peak flow between the influent and effluent baffles, with twenty-five percent (25%)of the total volume of the GI being allowed for any food derived solids to settle or accumulate andfloatable grease-derived materials to rise and accumulate, identified as a solids blanket and greasecap respectively.

3. Access Manholes. Access manholes, with a minimum diameter of twenty-four (24) inches, shall beprovided over each exterior GI chamber and each sanitary tee. The access manholes shall extend atleast to finished grade and be designed and maintained to prevent water inflow or infiltration. Themanholes shall have readily removable covers to facilitate inspection, grease removal, andWastewater sampling activities.

4. Prohibitions. Dishwashers and food waste disposal units shall not be connected to or Discharged intoany GI.

C. Waivers. Waivers that are available to Users are set forth below. A request for a waiver is required to be

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filed with the Coordinator on a form provided by the Village. Waiver requests are not considered to befiled until the request has been reviewed and determined complete. If the Coordinator fails to act on acompleted waiver request within forty-five (45) calendar days, a request for waiver shall be deemed to bedenied. The issuance of a waiver does not eliminate the requirement to prevent prohibitive Dischargesthrough alternate technologies and Best Management Practices plans.

1. Existing External GI Installation Waiver. The requirement to install and to properly operate andmaintain a GI is conditionally stayed by the Pretreatment Coordinator. Terms and conditions for thewaiver issued for a GI installation shall be set forth in a Permit. The terms may include therequirement to install grease trap(s) or alternate technology within the User’s facility, and the use ofBest Management Practices. The waiver shall not apply to any existing User that has not operated forthe last twelve (12) consecutive months prior to the effective date of this Ordinance. Such Users shallbe required to install a GI in order to Discharge to the Village POTW.

2. Common GI Waiver. Common GI means one or more interceptors receiving FOG laden Wastewaterfrom more than one User. Common interceptors may be used in lieu of an individual GI at each Userprovided a waiver has been issued by the Pretreatment Coordinator. A common GI may be located atshopping centers, malls, entertainment complexes, sporting arenas, hotels, multi-tenant “flex”spaces, mixed use spaces, and other sites where multiple establishments are connected to a single GI.The Owner of the property on which the common GI is located shall be responsible for operation andmaintenance of the common GI including program documentation, upkeep, and repair. In such cases,a Permit will be issued to the Owner of the property for the GI and general permits will also be issuedto each User connected to the common GI that contains Best Management Practices requirements.

3. Limited Food Preparation Establishments GI Installation Waiver. Waivers for installations at FSEs withonly a snack bar with no food preparation other than food warming will be handled on a case-by-casebasis by the Pretreatment Coordinator and are deemed to be limited food preparationestablishments.

4. Constraint Waivers at existing Users. Where the installation of a GI is not feasible and no equivalentalternative Pretreatment can be installed, a waiver from the installation of the GI requirement maybe granted. The Coordinator’s determination to grant the waiver shall be based upon, but not limitedto, evaluation of the following conditions:

a. There is no adequate space for installation and/or maintenance of a GI; orb. There is no adequate slope for gravity flow between the kitchen plumbing fixtures and the GI

and/or between the GI and the private collection lines or Public Sewer; andc. The use of alternative Pretreatment technology is not possible that is equally effective in

controlling the FOG Discharge.

5. Alternate Technology Waiver. The use of an alternate grease removal system is permissible onlyupon the written approval of the Coordinator, the plumbing inspector of the Village, and the DuPageCounty Health Department. Approval of the technology shall be based on empirical data acceptableto the Coordinator demonstrating removal efficiencies and reliability of operation. The Coordinatormay approve these types of technologies dependent on manufacturer’s specifications on a case-by-case basis. The Coordinator shall require in a Permit that any User of an alternate technology shallattain a FOG Wastewater Discharge limit, as measured from the unit’s outlet. Any User utilizing analternative technology may be subject to additional operational requirements imposed by theCoordinator.

6. Cleaning Cycle Waiver. The User may petition the Pretreatment Coordinator to reduce the cleaningand servicing of the GI from every three months to a maximum of every six months upondemonstration that the amount removed every three months is significantly less than what would

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have to be removed to allow for a hydraulic retention time of 24 minutes using 75% of the basincapacity and the Discharge does not exceed the FOG Local Limit.

SECTION 3: GENERAL DISCHARGE REQUIREMENTS

51.301 APPLICABILITY

It shall be unlawful to Discharge or cause pollutants to be Discharged to the POTW without having first compliedwith the terms of this Ordinance.

All Users shall meet the most stringent applicable requirements and limitations at all times either as set forth inthis Ordinance, in a Wastewater Discharge Permit, Federal Pretreatment Standards as established by 40 CFR 403,or State of Illinois standards as codified in 35 Ill. Adm. Code 307. A User shall provide the necessary Wastewatertreatment to achieve compliance with all National Categorical Pretreatment Standards and requirements withinthe time limitations as specified by the Federal Pretreatment Regulations and with any other PretreatmentStandards and Requirements, including Local Limits, by applicable deadlines.

Wastewater sampling methods and analytical reports submitted to the Village to demonstrate compliance withthis section must comply with Section 4 of this Ordinance.

51.302 PROHIBITED DISCHARGE STANDARDS

The following general prohibitions apply to all Users of a POTW whether or not they are subject to a CategoricalPretreatment Standard or any other National, State, or local Pretreatment Standard:

A. No User shall contribute or cause to be contributed, directly or indirectly to the POTW, any Pollutant orWastewater contaminant which will Pass Through, cause Interference with, inhibition of, or Upset to theoperation of the POTW;

B. No User shall introduce, or cause to be introduced, either directly or indirectly, any of the followingdescribed Pollutants, substances or Wastewater into the POTW:

1. Pollutants which are or may be sufficient, either alone or by interaction, to cause a safety hazard, fire,explosion, or be injurious in any other way to the facilities or personnel of the Village, or to theoperation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint ofless than 140°F (60°C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH which is outside the Village Local Limit for pH or having any other corrosiveproperty capable of causing structural damage or hazard to the POTW or Village personnel;

3. Any solid, solid waste, or viscous substance in amounts which shall or may cause obstruction to theflow in the POTW or other Interference to the operation of the POTW, including, but not limited to:waste cooking oil, grease, grease interceptor wastes, garbage with particles greater than one-half(1/2-inch) in any direction, 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 or hops, paper, wood, plastics, residues from gas,tar or asphalt, residues from refining or processing of fuel or lubricating oils, mud or glass grinding orpolishing waste, fatty acids or esters of fatty acids, or any material which can be disposed of as trash;

4. Pollutants, including biological and chemical oxygen demanding Pollutants, released in a Discharge ata flow rate and/or Pollutant concentration (including any slug load), either singly or by interactionwith other Pollutants which may Interfere with, inhibit, or Upset the POTW;

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5. Wastewater having a temperature which could inhibit biological activity in the POTW treatmentplant, but in no case Wastewater which causes the temperature at the POTW treatment plantexceeds 40° C. (104° F.);

6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that willcause Interference, Pass-Through, or Upset the POTW;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantitythat may cause acute worker health and safety problems for Village personnel or which necessitatesthe Village taking special measures to counteract and/or alleviate the impact of the Pollutant(s);

8. Any trucked or hauled pollutants, except at discharge points designated by the POTW;

9. Material jetted from building sewers, unless approved by the Coordinator. Approval would requiresampling of the Wastestream generated by sewer jetting for pollutants determined by theCoordinator;

10. Wastewater containing noxious or malodorous solids, liquids, or gases, which either singly or by theirinteraction with other wastes, are sufficient to create a public nuisance or hazard to life, or toInterfere with, inhibit or Upset any operation of POTW, including but not limited to, prevention ofentry into Public Sewer for their maintenance and repair;

11. Substances with objectionable color which is not removed in the treatment processes, such as, butnot limited to: dye waste, ink waste and vegetable tanning solutions;

12. Wastewater containing any radioactive wastes or isotopes, except in accordance with Village, State,and Federal statutes, laws, regulations, and rules governing such Discharges;

13. Unpolluted water including, but not limited to, uncontaminated Non-contact Cooling Water, storm-water, surface and ground-waters, subsurface drainage, roof run-off, spill contaminant area run-off,footing drains or construction drainage except as specifically permitted by the PretreatmentCoordinator;

14. Biosolids, Sludge, screenings, or other residues from the Pretreatment of Non-ResidentialWastewater;

15. Wastewater containing any organism, including viruses, considered pathogenic and/or detrimental toWWTP process organisms other than those Discharged by direct excrement and any other medicalwastes including, but not limited to, isolation wastes, infectious agents human blood and bloodproducts, sharps, body parts, contaminated bedding, surgical wastes potentially contaminatedlaboratory wastes, and dialysis wastes;

16. Any Wastewater causing the WWTP effluent to fail a toxicity test;

17. Wastes containing detergents, surface active agents, aqueous firefighting foam, or other substanceswhich may cause excessive foaming in any part of the POTW that result in Interference, Upset, or isshown to Inhibit the nitrification process or Pass Through to the receiving waters. Such prohibitedwastes shall not be processed or stored in such a manner that may result in a potential to Dischargeto the POTW;

18. Wastewater or wastes containing iron pickling wastes or concentrated plating solutions whetherneutralized or not;

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19. Leachate or remediation Wastewater, except at Discharge points designated by the PretreatmentCoordinator (40 CFR 403.5(b)(8));

20. Unusual concentrations or solutions of inert suspended solids (such as, but not limited to Fullersearth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to sodiumchloride and sodium sulfate);

21. Any gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes,peroxides, chlorates, perchlorates, carbides, hydrides, stoddard solvents, sulfides, epoxides, esters,amines, polynuclear aromatic hydrocarbons, pyridines, new and used motor oils, or antifreeze,except at concentrations which do not exceed levels of such substances which are routinely presentin the normal Wastewater Discharge and do not otherwise violate any section of this Ordinance orthe conditions of a Wastewater Discharge Permit or special agreement;

22. Polychlorinated Biphenyls (PCBs) in any detectable concentrations;

23. Substances that inhibit the use of ultra-violet light for disinfection purposes;

24. Pollutants which are not amenable to treatment or reduction by the WWTP processes employed, orare amenable to treatment only to such degree that the POTW effluent cannot meet therequirements of its NPDES Permit;

25. Pollutants in sufficient quantity, either singly or by interaction:a. Injure, Interfere with, or Upset WWTP processes or POTW facilities;b. Constitute a hazard to humans or animals;c. Exceed limitations set forth in the Act;d. May cause the WWTP to violate of its NPDES permit, the receiving stream water quality

standards, or general effluent Discharge standards;e. May cause the WWTP effluent or Biosolids to be unsuitable for reclamation and re-use, or

Interfere with the reclamation processes; orf. Cause the Village to be in Noncompliance with any Biosolids use or disposal regulations

developed under Section 405 of the Act, or any regulations affecting Biosolids use or disposaldeveloped pursuant to the Resource Conservation and Recovery Act, Solids Waste Disposal Act,Toxic Substance Control Act, or any State or local standards applicable to any Biosolidsmanagement methods either being used or considered by the Village.

C. Pollutants, substances, or Wastewater prohibited by this section shall not be processed or stored in suchmanner that could result in their Discharge to the POTW. All Users with prohibited wastes described inthis Section or those that have Hazardous Wastes shall develop and implement a Spill/Slug Control (SSC)Plan consistent with the requirements in Section 51.404. The Pretreatment Coordinator may alsodetermine that a SSC Plan is required for liquids and solids not previously described in previous plansbased on an evaluation of a site potential to cause spills or Slug Loads to be introduced to the POTW.

D. Discharge of Unpolluted Drainage into Storm Sewers or Natural Outlets: Stormwater and all otherunpolluted drainage shall be Discharged to such sewers as are specifically designated as Storm Sewers, orto a Natural Outlet approved by the Village. Industrial cooling waters or unpolluted process waters maybe Discharged, upon approval of the IEPA, to a storm sewer or Natural Outlet.

E. Discharge of Unpolluted Waters Upon Adjacent Property or Public Streets or Ways Prohibited: It shall beunlawful for any Person to Discharge in such manner as to cause such waters to overflow onto adjacentproperty or to be Discharged upon any public street or public way, any stormwater, surface water, groundwater, roof runoff, or subsurface drainage, including the use of a sump pump for such purpose.

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Any Person violating any of the provisions of this section shall, upon conviction thereof, be guilty of amisdemeanor and the Coordinator may assess a fine of at least One Thousand Dollars ($1,000.00) per day and/orbe incarcerated in a penal institution other than a penitentiary for not to exceed six (6) months (65 ILCS 5/1-2-1).A separate offense shall be deemed committed on each day during or on which such person, firm, or corporationviolates the provisions of this section.

51.303 NATIONAL CATEGORICAL PRETREATMENT STANDARDS

All Users subject to National Categorical Pretreatment Standards, promulgated by the USEPA in accordance withSection 307(b) and (c) of the Act, currently Discharging or scheduled to Discharge to the POTW shall comply withall Pretreatment Standards and Requirements. Limits in Categorical Pretreatment Standards apply to theDischarge from the process regulated by the Standard or as otherwise specified by the Standard. The NationalCategorical Pretreatment Standards set forth in 40 CFR Chapter 1, Subchapter N, Parts 405 – 471, are herebyincorporated by reference into this Ordinance.

A. Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or theconcentration of a Pollutant in Wastewater, the Coordinator may impose equivalent concentration ormass limits, unless specifically restricted by the Standard, in accordance with parts E and F below in thissection.

The calculated equivalent limitations are deemed Pretreatment Standards. Users shall be required tocomply with the equivalent limitations in place of the promulgated categorical standards from which theequivalent limitations were derived. An alternative Pretreatment limit shall not be used if the alternativelimit is below the analytical detection limit for any of the regulated Pollutants.

B. When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of Pollutantper unit of production, the Coordinator may convert the limits to equivalent limitations expressed aseither mass of Pollutant Discharged per day or effluent concentration for purposes of calculating effluentlimitations applicable to individual Users.

The Coordinator calculating equivalent mass-per-day limitations shall calculate such limitations bymultiplying the limits in the standard by the User’s average rate of production. This average rate ofproduction shall be based on a reasonable measure of the User’s actual long-term daily production duringa representative year and not based on design production capacity. For New Sources, actual productionshall be estimated using projected production.

The Coordinator shall calculate such limitations by dividing the mass limitations by the average daily flowrate of the User’s regulated process Wastewater. The average daily flow rate shall be based upon areasonable measure of the User’s actual long-term average flow rate, such as the average daily flow rateduring the representative year.

C. When Wastewater subject to a Categorical Pretreatment Standard is mixed with Wastewater notregulated by the same Standard prior to any Pretreatment, the Coordinator shall impose an alternate limitusing the Combined Waste Stream Formula set forth in 40 CFR 403.6(e), provided that the applicablecategorical regulation allows the Wastewaters to be mixed and the User can supply the informationnecessary to allow issuance of an alternative limit.

D. A User may request an adjustment to a Categorical Pretreatment Standard to account for Pollutantloadings in the User’s intake water (a net/gross adjustment) in accordance with 40 CFR 403.15.

E. When a Categorical Pretreatment Standard is expressed only in terms of Pollutant concentrations, a Usermay request that the Village convert the limits to equivalent mass limits. The determination to convert

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concentration limits to mass limits is within the discretion of the Coordinator. The Village may establishequivalent mass limits only if the User meets all the conditions set forth in parts 1(a) through 1(e) below.

1. To be eligible for equivalent mass limits, the User must:

a. Employ, or demonstrate that it will employ, water conservation methods and technologies thatsubstantially reduce water during the term of its Wastewater Discharge Permit;

b. Currently use control and treatment technologies adequate to achieve compliance with theapplicable Categorical Pretreatment Standard, and not have used dilution as a substitute fortreatment;

c. Provide sufficient information to establish the facility’s actual average daily flow rate for allwastestreams, based on data from a continuous effluent flow monitoring device, as well as thefacility’s long-term average production rate. Both the actual average daily flow rate and thelong-term average production rate must be representative of current operating conditions;

d. Not have daily flow rates, production levels, or Pollutant levels that vary so significantly thatequivalent mass limits are not appropriate to control the Discharge; and

e. Have consistently complied with all applicable Categorical Pretreatment Standards during theperiod prior to the User’s request for equivalent mass limits.

2. A User subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achievecompliance with the equivalent mass limits;

b. Continue to record the facility’s flow rates through the use of a continuous effluent flowmonitoring device;

c. Continue to record the facility’s production rates and notify the Coordinator wheneverproduction rates are expected to vary by more than 20 percent from its baseline productionrates determined in paragraph 1(c) of this Section. Upon notification of a revised baselineproduction rate, the Coordinator will reassess the equivalent mass limit and revise the limit asnecessary to reflect revised baseline production rates at the facility; and

d. Continue to employ the same or comparable water conservation methods and technologies asthose implemented pursuant to paragraph 1(a) of this Section so long as it Discharges under anequivalent mass limit.

3. When developing equivalent mass limits, the Coordinator:

a. Shall calculate the equivalent mass limit by multiplying the actual average daily flow rate of theregulated process(es) of the User by the concentration-based Daily Maximum and MonthlyAverage Standard for the applicable Categorical Pretreatment Standard and the appropriate unitconversion factor;

b. Shall reassess the equivalent mass limit and recalculate the limit necessary to reflect changedconditions at the facility upon notification of a revised production rate from the User; and

c. May retain the same equivalent mass limit in subsequent Wastewater Discharge Permit terms ifthe User’s actual average daily flow rate was reduced solely as a result of the implementation of

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water conservation methods and technologies, and the actual average daily flow rates used inthe original calculation of the equivalent mass limit were not based on the use of dilution as asubstitute for treatment pursuant to Section 51.307. The user must also be in compliance withSection 51.1403 regarding the prohibition of Bypass.

F. The Pretreatment Coordinator may convert the mass limits of the Categorical Pretreatment Standards of40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable toindividual Users. The conversion is at the discretion of the Coordinator.

G. Once included in its Wastewater Discharge Permit, the User must comply with the equivalent limitationsdeveloped in this Section in lieu of the promulgated Categorical Pretreatment Standards from which theequivalent limitations were derived.

H. Many Categorical Pretreatment Standards specify one limit for calculating Maximum Daily Dischargelimitations and a second limit for calculating Maximum Monthly Average, or 4-day Average, limitations.Where such Standards are being applied, the same production or flow figure shall be used in calculatingboth the average and the maximum equivalent limitations.

I. Any User operating under a Wastewater Discharge Permit incorporating equivalent mass or concentrationlimits calculated from a production-based Standard shall notify the Coordinator within two (2) businessdays after the User has a reasonable basis to know that the production level will significantly changewithin the next calendar month. Any User which fails to timely notify the Coordinator of such anticipatedchange will be required to meet the mass or concentration limits in its Wastewater Discharge Permit thatwere based on the original estimate of the long term average production rate.

J. A User may request a variance from USEPA based on fundamentally different factors. The request mustcomply with the procedural and substantive provisions in 40 CFR 403.13.

All Users that are subject to National Categorical Pretreatment Standards are required to file reports as requiredSection 51.702 and Section 51.703, signed by an Authorized Representative. Such reports shall include allinformation that the Coordinator deems necessary to make compliance determinations.

51.304 STATE LIMITS

A. All Users are subject to State Water Quality Standards and requirements as set forth in 35 Ill. Adm. Code307 and any future amendments or revisions to 35 Ill. Adm. Code 307.

51.305 LOCAL LIMITS

A. The Coordinator is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).

B. The following technically-based Pollutant limits are established to protect against Pass Through andInterference. No Person shall Discharge Wastewater containing in excess of the following Local Limits.

Pollutant Local Limit Concentration (mg/L)

Daily Maximum Limit Instantaneous Limit

Ammonia-Nitrogen (As N) 80

BOD 400

Cadmium 0.04

Chromium 5.4

Chromium (VI) 1.3

Copper 1.4

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Cyanide 1.6

FOG (Food Origin) 200

FOG (Mineral/Petroleum) 100

Lead 1.9

Mercury 0.0005

Nickel 0.3

pH 5.0 – 9.5

Phenols 10

Phosphorus (As P) 15

Silver 0.4

TSS 400

Zinc 4.2

The above limits apply at the point where Wastewater is Discharged to the POTW. All concentrations ofmetallic substances are for total metal unless otherwise indicated. FOG shall be measured as defined in40 CFR 136 Table 1B Parameter 41.

C. If deemed appropriate by the Coordinator, and if POTW capacity and loading allows, alternative limitsmay be developed for permitted Users using the Non-Uniform Allocation methodology presented in theUnited States Environmental Protection Agency’s “Local Limits Development Guidance” (July, 2004).These Non-Uniform Allocation (NUA) Limits shall be written into the Permit issued to the User and shalloperate in place of the Local Limit for the aforementioned Pollutants described in division (C) above.

D. Best Management Practices (BMP)

The Coordinator may develop BMPs by Ordinance or in individual Wastewater Discharge Permits toimplement Local Limits and the requirements contained in Section 51.302 of this Ordinance.

51.306 VILLAGE’S RIGHT OF REVISION

A. The Village reserves the right to establish, by ordinance or in Wastewater Discharge Permits, morestringent limitations or requirements on Discharges to the POTW consistent with the purpose of thisOrdinance. The specific limitations on Discharges are derived from the Maximum Allowable IndustrialLoading (MAIL) calculation. The MAILs are allocated only to those Users, at the Village’s discretion, thatcontribute the regulated Pollutant. All remaining Users are held to either the background concentration orslightly higher than background but lower than the specific Discharge limit. In no case shall the sum ofallocations exceed the MAIL.

B. The Village will maintain a reserve of the maximum allowable headworks Pollutant loading for each Pollutantfor new industries or increase of Pollutant loading from existing industries. The Village will recalculate themaximum concentrations from time to time using site specific data and will consider revisions to State andFederal regulations that may impact the calculations.

51.307 DILUTION PROHIBITED

No User shall increase the use of potable or process water or in any other way attempt to dilute a Discharge as apartial or complete substitute for adequate treatment in order to achieve compliance with a PretreatmentStandard or requirement except where expressly authorized to do so by an applicable Pretreatment Standard. TheCoordinator may impose mass limitations on Users who are using dilution to meet applicable PretreatmentStandards or Requirements, or in other cases when the imposition of mass limitations is appropriate.

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SECTION 4: GENERAL DISCHARGE COMPLIANCE

51.401 APPLICABILITY

If any waters or wastes are Discharged, or are proposed to be Discharged, to the POTW which contain thesubstances or possess the characteristics enumerated in Section 51.302, or which are in violation of the standardsfor Pretreatment provided in 40 CFR 403, and any amendments thereto, or which in the judgment of the Villagemay have a deleterious effect upon the POTW or receiving waters, or which otherwise create a hazard to life orconstitute a public nuisance, the Pretreatment Coordinator may reject the wastes, require Pretreatment to anacceptable condition for Discharge to the POTW, or require control over the quantities or rates of Discharge. If theCoordinator permits the Pretreatment or equalization of Wastewater flows, the design and installation of thefacilities and equipment shall be subject to the review and approval of the Coordinator and subject to therequirements of all applicable codes, Ordinances, and laws.

Each User that Discharges Wastewater to the POTW shall provide Wastewater treatment and Best ManagementPractices as required to comply with this Ordinance and shall comply with all Categorical Pretreatment Standards,Local Limits, and the prohibitions set forth in Section 5 of this Ordinance within the time limitations specified byUSEPA, the State, or the Pretreatment Coordinator, whichever is more stringent.

51.402 PRETREATMENT FACILITIES

Any Pretreatment facility(s) necessary for compliance shall be provided and shall be properly maintainedcontinuously in satisfactory and effective operation by the User at the User's sole cost and expense. Detailed plansand specifications describing such facilities and operating procedures shall be submitted to the Coordinator forreview and approval prior to the construction and operation of such facilities. The review of such plans andspecifications shall in no way relieve the User from the responsibility of modifying such facilities as necessary tocomply with the provisions of this Ordinance.

All Users are required to comply with IEPA permitting requirements. A User shall file an IEPA application for aconstruction-operating permit prior to construction or significant modification of a Pretreatment system that hasbeen signed-off by the Village and obtain either a permit from the IEPA or a letter indicating no permit is neededprior to the Village connection and/or Wastewater Discharge Permit(s) being issued. No sources of Non-Residential Wastewater shall be Discharged to the POTW until all permitting requirements have been satisfied. AllPretreatment facilities designated by the Coordinator shall be under the control and direction of an IEPA-certifiedwastewater operator even if the User is not issued an IEPA operating permit.

Any subsequent proposed modification, alteration, or change to the Pretreatment facilities or method of operationshall be submitted to the Village and IEPA for review and approval prior to the User’s initiation of the changes.Users shall obtain all necessary additional construction-operating permits from IEPA and the Village for thechanges prior to making said modification, alteration, or change.

51.403 ADDITIONAL PRETREATMENT MEASURES

The Village may require the additional Pretreatment measures set forth below. The Village reserves the right tomake unannounced inspections of any additional Pretreatment measures during normal business hours whetheror not the User has been issued an individual or general Wastewater Discharge Permit.

A. Whenever deemed necessary, the Coordinator may require a User to restrict its Discharge during peakflow periods, designate that certain Wastewater be Discharged only into specific Public Sewers, relocateand/or consolidate points of Discharge, separate Sewage waste streams from Industrial Waste Streams,and make other such actions as may be necessary to protect the POTW and determine the User'scompliance with the requirements of this Ordinance.

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B. The Coordinator may require any User Discharging into the POTW to install and maintain, on its propertyand at its sole cost and expense, a suitable storage and flow-control facility to ensure equalization of flow.This device shall be approved by the Coordinator. The Village may issue an individual or generalWastewater Discharge Permit solely for flow equalization.

C. The Coordinator may require a User Discharging to the POTW to install and maintain facilities to limit theamount of FOG and sand entering the POTW through the procedures outlined in Section 51.202.

D. The Coordinator may require a User with the potential to Discharge flammable substances to the POTWto install and maintain, on its property and at its own cost and expense, a combustible gas detectionmeter. This meter shall be approved by the Coordinator.

E. The Village retains the right to negotiate a surcharge with a User discharging high strength waste, thedollar amount to be determined based on the strength, character and volume of the waste.

While performing the necessary work on private properties, the Coordinator, duly authorized employees of theVillage, consultants retained by the Village, the Illinois Environmental Protection Agency, and the U.S.Environmental Protection Agency shall observe all safety rules applicable to the premises established by the User,and the User shall be held harmless for injury to or death of the Village employees, and the Village shall indemnifythe User against liability claims and demands for personal injury or property damage asserted against the User,except as such may be caused by negligence or failure of the User to maintain safe conditions.

51.404 SPILL/SLUG CONTROL PLAN

A. A User shall develop, implement and maintain a SSC Plan if the User has:

1. Chemicals (raw materials, chemical intermediates, wastes to be recycled, final products, or utilitychemicals) that total or exceed two hundred fifty (250) gallons or five (5) 55-gallon drums at or on itssite;

2. Prohibited Discharge Materials as defined in Section 51.302 at or on its site; or

3. Hazardous Waste as defined in Section 51.708 at or on its site; or

4. Been defined by the Pretreatment Coordinator to have a need to control Slug Discharges.

Any User that meets the above criteria shall develop and implement a SSC Plan regardless of whether ornot that User is regulated by a Wastewater Discharge Permit.

B. The SSC Plan which is required to be submitted to the Village shall address, at a minimum, the following:

1. Specifics of SSC Plan:

a. Description of Discharge practices, including non-routine Batch Discharges;

b. Description of stored chemicals, including quantity, type, and number of storage containers;

c. Site diagram showing location of all tanks holding greater than or equal to 250 gallons or areascontaining five (5) 55-gallon drums or more of raw materials, prohibited wastes, hazardouswastes, wastes to be recycled, or final product;

d. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such proceduresshall include, but are not limited to, routine inspection and maintenance of storage areas,

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handling and transfer of materials, loading and unloading operations, control of plant site runoff,measures specific to slug Discharge control, worker training, building of containment structuresor equipment, inventory of spill response equipment, measures for containing toxic organicPollutants, including solvents, and measures and equipment for emergency response. Buildingcontainment structures or production equipment changes are considered procedures to preventadverse spills. If containment structures are connected to the POTW, a shut-off valve is requiredand shall be left in a closed position;

e. Location of Notice/Signs posted in conspicuous places advising employees in English, and thelanguage of common use at the facility, whom to call in the event of a spill, accidental Dischargeof prohibited materials, Slug Discharge, or a Bypass of any part of a Pretreatment system; and

f. Emergency telephone number(s) (24-hour) off-site and backup telephone number(s) and othercontact information (e.g. address, email address, etc.) for responsible site staff. Once a SSC Planhas been filed with the Village, any change in such information should be submitted within five(5) work days after revision.

2. Notification Procedure. The SSC Plan shall contain procedures for immediately notifying thePretreatment Coordinator of any accidental or Slug Discharge, as required by Section 51.706 of thisOrdinance;

3. Documentation. The SSC Plan shall contain a sample of the documentation maintained at the sitethat:

a. Ensures that all employees who are in a position to cause, discover, or observe such Dischargeare advised of the emergency notification procedures and the training is documented with thedate and time of training and the employee’s signature; and

b. Verifies inspection and maintenance procedures to prevent adverse impacts and confirm thatsaid procedures are being performed on a regular basis. At minimum, logs are required to verifyvalves in containment structures, if present, are closed.

C. The SSC Plan shall be submitted to the Coordinator when the Plan is required in a Wastewater DischargePermit. Review of an SSC Plan by the Village shall not relieve the User from the responsibility to modifythe User’s facility or SSC Plan as necessary to meet all requirements of this Ordinance. Review by theVillage does not constitute an approval of the SSC Plan and the Village and its Duly Authorized Agent(s)are not responsible for the actions of the User and any impacts the User may cause as a result of a spill orSlug Load.

D. At least once every two (2) years the Coordinator shall require each SIU (including CIUs) to evaluate theneed to revise its SSC Plan. The Coordinator may require any User to submit, at a frequency less than two(2) years, such SSC Plan or require modification of an existing SSC Plan based on changes that haveoccurred at the site or in response to an incident that had the potential to impact the POTW.

In alternate years, the Coordinator shall evaluate whether each NSRU is required to file a revision to itsSSC Plan based on changes that have occurred at the site or in response to an incident that had thepotential to impact the POTW.

E. All SSC Plans shall be implemented by the User whether or not they have been reviewed by the Village.

51.405 MONITORING REQUIREMENTS

A. Flow Monitoring

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All Permitted Users are required to monitor flow of potable water and/or Wastewater at frequency statedin the User’s Wastewater Discharge Permit. All other Users are required to flow monitor upon therequest of the Village.

1. Metered water supply may be used to determine Wastewater flow if it is substantiated to the Villagethat the metered water supply and Wastewater quantities are approximately the same, or where anadjustment agreed to by the Pretreatment Coordinator is made in the metered water supply todetermine Wastewater flow and is documented through the use of sub-meters and/or productionrecords. In the event that the Wastewater flow cannot be substantiated at any regulated location,the User shall be required to install flow monitoring consistent with Section 51.202.

a. In the event the Village, or surrounding area, should suffer from a water shortage, the VillageBoard of Itasca shall have the authority to suspend the provisions of the paragraph above inorder to encourage water conservation. In the event that the President of the Village of Itascadetermines and declares that such water shortage exists to such an extent and degree as toconstitute an emergency, then the Village President shall have the authority to suspend theprovisions of the paragraph above, pending ratification by the Village Board at its next regularlyscheduled meeting following the suspension by the Village President. In determining whether awater shortage exists, the Village President and Village Board may consider water shortages inthe surrounding area in addition to the adequacy of the supply of the Village Water System. Inthe event that a future water shortage appears evident, the provisions of the paragraph abovemay also be suspended by the Village President or Village Board prior to the existence of anemergency.

2. Under authorization from the Village, Users may be permitted to install additional water meters onthe exterior of the User’s structure at the User’s sole cost and expense for the purpose of measuringwater not Discharged to the POTW. All Users shall register with the Village and provide informationrequested by the Village concerning the installation of additional water meters. The Building Officialshall have the right to inspect and regulate the installation of additional water meters. TheWastewater volume Discharged to the POTW shall be determined by subtracting the volume shownon the additional water meter(s) from the total metered amount of water supplied to the premises.

B. Wastewater Discharge Sampling

All Permitted Users are required to sample based on the monitoring frequency as stated in the User’sWastewater Discharge Permit. Other Users are required to sample upon the request of the Village. AUser shall pay the cost of sampling of its Discharge and the cost of analyses of its samples, whether or notthe sampling and analyses are performed by the User or by the Village.

1. Sample Frequency

a. All SIUs (including CIUs) shall sample their effluent(s) for the parameters specified in the User’sWastewater Discharge Permit and report the results to the Coordinator at a minimum of at leasttwice per year or more frequently as designated in the Permit. The Village shall have the right toperform its own sampling for any Pollutant at any time.

b. Any NSRUs with a Wastewater Discharge Permit shall sample their effluent and report the resultsto the Coordinator in a manner consistent with the requirements of the Wastewater DischargePermit.

c. The sampling frequency listed in a Wastewater Discharge Permit may be modified by theCoordinator in the event that additional samples are needed to demonstrate consistent

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compliance.

2. Sample Collection

a. Samples collected to satisfy reporting requirements shall be based on data obtained throughappropriate sampling and analysis performed during the period covered by the report, based ondata that is representative of conditions occurring during the reporting period as defined in theWastewater Discharge Permit.

b. Except as indicated in paragraph (c) below, the User shall collect Wastewater samples using flowproportional composite collection techniques.

c. In the event flow proportional sampling is not feasible, the Coordinator may authorize the use oftime proportional sampling, at minimum collecting samples every 15 minutes during a 24-hourworkday, or a minimum of four (4) grab samples where the User demonstrates that this willprovide a representative sample of the Wastewater being Discharged. A proportional number ofsamples shall be collected for Wastewater Discharges less than 24 hours.

d. One or more grab samples may be required by the Coordinator in the event of an infrequentBatch Discharge or to show compliance with Pretreatment Standards, including Daily MaximumPretreatment Standards. The Coordinator may also allow, during an infrequent Batch Discharge,multiple grab samples to be collected and composited, as appropriate, to determine compliancewith Daily Maximum Pretreatment Standards. Grab samples may not be composited todetermine compliance with Instantaneous Local Limits.

e. Samples for FOG, temperature, pH, cyanide, chromium (VI), phenols, sulfides, and volatileorganic compounds shall be obtained using the number of grab samples determined by theCoordinator to assess and assure compliance with applicable Pretreatment Standards. Multiplegrab samples that are individually preserved as specified in 40 CFR 136 and appropriate USEPAguidance that are collected during a 24-hour period must not be composited and must beanalyzed separately to determine compliance with Instantaneous Local Limits. However, resultsmay be averaged to determine compliance with the Pollutant’s respective Daily Maximum Limit,when applicable.

f. To determine compliance with Daily Maximum Limits only, samples for the following Pollutantsmay be composited prior to the analysis as follows:

i. For, cyanide, chromium (VI), phenols, and sulfides: multiple grab samples may becomposited in the laboratory or in the field;

ii. For volatile organics and FOG: multiple grab samples may only be composited in thelaboratory.

g. Composite Samples for other parameters unaffected by the compositing procedures asdocumented in approved USEPA methodologies may be authorized by the Coordinator, asappropriate.

51.406 ANALYTICAL REQUIREMENTS

A. All Pollutant analyses, including sampling techniques, to be submitted as part of a Wastewater DischargePermit application or report shall be performed in accordance with the techniques prescribed in 40 CFRPart 136, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part136 does not contain sampling or analytical techniques for the Pollutant in question, or where the USEPAdetermines that the Part 136 sampling and analytical techniques are inappropriate for the Pollutant in

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question, sampling and analyses shall be performed using validated analytical methods or any otherapplicable sampling and analytical procedures, including procedures suggested by the Coordinator orother parties approved by USEPA.

B. Analytical reports submitted to the Village must comply with the following requirements:

1. The practical quantification limit (PQL) must be less than half of the effluent limit for the Pollutantbeing analyzed;

2. The analysis method used, method detection limit (MDL), and the PQL must be listed for eachPollutant analyzed;

3. Results which were not detected by the analysis must be reported as “Not Detected”, or “ND”, or“<[MDL]”, or equal;

4. Results which were detected by the analysis at or above the MDL, but the result was not quantifiable,must be reported as the concentration detected and noted in the report as “Detected NotQuantifiable”, or “DNQ”, or using an appropriate qualifier and footnote description; and

5. If a result is detected, it must be reported. Failure to report a detected result constitutes SignificantNoncompliance.

C. As the Coordinator deems necessary, a User may be required to analyze for one or more Pollutants notlisted in the Local Limits or Pretreatment Standards to satisfy the requirements of this Ordinance.

Documentation of the frequency of sampling, sampling methods, and analysis of samples shall be subject, at allreasonable times, to inspection by the Village.

51.407 PROTECTION OF VILLAGE SAMPLING AND FLOW METERING EQUIPMENT FROM DAMAGE

No Person shall maliciously, willfully, or negligently break, damage, destroy, or tamper with any structure,appurtenance, or equipment which is owned or contracted by the Village. Any Person violating this provision shallbe subject to immediate arrest under charge of disorderly conduct.

51.408 CLOSURE PLAN

A. Any User meeting the requirements of Section 51.404 that decides to cease or terminate any operationswhich classify the User as an SIU, for more than ninety (90) days, must file a written closure plan with theVillage. The closure plan shall be submitted ten (10) work days prior to the initiation of the plan and shallcontain, at a minimum, the following:

1. A description of each Wastewater generating process that will cease operations for more than ninety(90) consecutive days;

2. A description of how the facility will be closed and the extent of operations during the closure period;

3. An inventory and estimate of the volume of all process Wastewater, chemicals, and hazardous wasteon site. A description of the methods for disposal, including procedures for removing, transporting,treating, storing, or disposing of all waste and identifying all off-site waste management facilities tobe used;

4. A schedule of the closure activities indicating the time required to complete each closure step; and

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5. A schedule of additional monitoring to identify compliance with Pretreatment Standards during theclosure operations.

SECTION 5: WASTEWATER DISCHARGE PERMIT REQUIREMENTS AND APPLICATION

51.501 WASTEWATER INFORMATION AND ANALYSIS

A User shall submit information on the nature and characteristics of its Wastewater within a minimum of thirty(30) calendar days of a written request by the Coordinator. Information shall be submitted on a form provided bythe Village. The Pretreatment Coordinator may periodically require Users to update information on file with theVillage. Information that may be required will be consistent with the information identified in Section 51.201 andSection 3.

Users classified as CIUs shall complete and submit a Baseline Monitoring Report with a Permit Application and alsocomply with the other requirements in Section 51.702 of this Ordinance.

51.502 AUTHORITY AND REQUIREMENTS

The Coordinator may issue a User a Wastewater Discharge Permit as follows:

A. Individual Wastewater Discharge Permits issued to SIUs (which includes CIUs not identified as NSCIUs):No SIU, including any CIU, shall Discharge Wastewater into the POTW without first obtaining aWastewater Discharge Permit issued by the Village, except that an existing SIU that has filed a timelyapplication pursuant to Section 51.503 may continue to Discharge for the time period specified herein.

B. General Wastewater Discharge Permits. At the discretion of the Coordinator, the Village may issue ageneral Wastewater Discharge Permit to control Discharges from Users to the POTW if the followingconditions are true of all facilities controlled by a general Wastewater Discharge Permit:

1. Involve the same or substantially similar types of operations;

2. Discharge the same types of waste;

3. Require the same effluent limitations or Best Management Practices;

4. Require the same or similar monitoring and/or reporting requirements; and

5. In the opinion of the Coordinator, are more appropriately controlled under a general WastewaterDischarge Permit than under an individual Wastewater Discharge Permit.

C. Other Wastewater Discharge Permits: The Coordinator may require other Users to obtain eitherindividual or general Wastewater Discharge Permits, as necessary, to carry out the purposes of thisOrdinance. Such a Wastewater Discharge Permit shall state that the holder of such a Permit issued underthis section is not classified as an SIU or CIU. A User with a Wastewater Discharge Permit in this classmay include but are not limited to:

1. Any User that has been determined to be a NSCIU as defined in Section 51.106;

2. Any User that has been determined not to be an SIU as defined in Section 51.106;

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3. Any User subject to National Categorical Pretreatment Standards that opts not to Discharge processwaste. Such a User is designated a Zero Process Wastewater Discharge CIU and shall be issued a ZeroProcess Wastewater Discharge Permit;

4. Any User that is a non-Categorical Zero Process Wastewater Discharger that the Coordinatordetermines shall be permitted;

5. Any Non-Significant Regulated Users (NSRU) set forth below:

a. An NSRU that Discharges a process Wastewater flow greater than or equal to 0.005 percent ofthe POTW’s design dry-weather hydraulic capacity, or five thousand (5,000) gallons per day,whichever is smaller;

b. An NSRU that Discharges more than or equal to 0.005 percent of the design dry-weather organictreatment capacity of the POTW;

c. An NSRU that Discharges 0.005 percent of the maximum allowable headworks loading for anyPollutant regulated by a Local Limit set forth in Section 51.305; or

d. An NSRU that intermittently introduces any Batch Discharges that would meet the criteria in 1, 2,or 3 above when Discharged or otherwise have the potential to Discharge a Slug Load to thePOTW;

6. Any User that has device(s) installed to remove oils, grease, sand, or grit;

7. Any Food Service Establishments (FSE); and

8. Any User required to eliminate or control specified Pollutants from its Wastewater through thedevelopment and implementation of a Best Management Practice (BMP) Plan.

A scenario may arise that a User that is subject to National Categorical Pretreatment Standards opts notto Discharge categorical process waste, as described in part 3 above, but the User is classified assignificant. A combination SIU Permit/Zero Process Wastewater Discharge Permit should be issued in thiscase.

Any violation of the terms and conditions of an individual or general Wastewater Discharge Permit shall bedeemed a violation of this Ordinance and subject the User to the sanctions set out in Sections 13 through 15 of thisOrdinance. Obtaining an individual or general Wastewater Discharge Permit does not relieve a User of itsobligation to comply with all Federal and State Pretreatment Standards or Requirements or with any otherrequirements of Federal, State, and local law.

51.503 EXISTING CONNECTIONS

A. Any existing SIU, including CIU, required to obtain a Wastewater Discharge Permit that was DischargingWastewater into the POTW prior to the effective date of this Ordinance and wishes to continue suchDischarges in the future, shall, within sixty (60) calendar days after said date, apply to the Coordinator forthe appropriate Wastewater Discharge Permit in accordance with Section 51.505 of this Ordinance, andshall not cause or allow Discharges to the POTW to continue after one hundred twenty (120) calendardays of the effective date of this Ordinance except in accordance with a Wastewater Discharge Permitissued by the Coordinator.

B. Any existing non-SIU required to obtain an individual or general Wastewater Discharge Permit shall file anapplication within the time period specified in a notification provided by the Coordinator.

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C. General Permits for Food Service Establishments (FSE). FSE Users shall submit information required bythe Village within the timeframe specified by the Coordinator. FSE Users complying with this requirementwill be deemed to have complied with the Permit requirements during the implementation of thisprogram. The completed survey shall serve as the Wastewater Discharge Permit Application for the FSE.

51.504 NEW CONNECTIONS

A. Any CIU proposing to begin or recommence a Discharge to the POTW must obtain a WastewaterDischarge Permit prior to the beginning or recommencing of such Discharge. An application, furnished bythe Village, for this individual Wastewater Discharge Permit, in accordance with Section 51.505 of thisOrdinance, must be filed at least ninety (90) calendar days prior to the date upon which any Discharge willbegin or recommence.

B. Any non-CIU proposing to begin or recommence a Discharge to the POTW that is required to obtain aWastewater Discharge Permit must obtain such Permit prior to the beginning or recommencing of suchDischarge, or operations in the case of a Zero Process Wastewater Discharge CIU, in accordance withSection 51.505 of this Ordinance. An application for a Wastewater Discharge Permit must be filed at leastsixty (60) calendar days prior to the date upon which any Discharge or operations will begin orrecommence.

51.505 PERMIT APPLICATION CONTENTS

A. Permit Application Requirement. All Users required to obtain a Wastewater Discharge Permit or ZeroProcess Wastewater Discharge Permit must submit a Permit application. Incomplete or inaccurateapplications will not be processed and will be returned to the User for completion and/or revision.

B. Individual Application Contents. The Coordinator may require all Users to submit as part of an applicationall or some of the following information:

1. All information required by Section 51.201 of this Ordinance;

2. Identifying information for the site including name, facility address and contact information of theoperator, Owner, and Authorized Representative;

3. Description of Operations:

a. A brief description of the nature of the activities, services, production, and plant processescarried out by the User including information concerning each product produced by type,amount, process or processes, and a general rate of production;

b. Number and type of employees, hours of operation, and proposed or actual hours of operation;

c. Type and amount of raw materials processed (average and maximum per day) including a list ofall raw materials and chemicals used or stored at the facility which are, or could accidentally orintentionally be, Discharged to the POTW;

4. Time and duration of Discharges with an estimate of the average daily and maximum flow;

5. Waste Characteristics. Information showing the nature and concentration of the Discharge in relationto applicable Pretreatment Standards and Local Limits;

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a. Information showing the measured average daily and maximum daily flow, in gallons per day, tothe POTW from regulated process streams and other streams, as necessary, to allow use of thecombined wastestream formula set out in Section 2.2C (40 CFR 403.6(e));

b. The results of sampling and analysis identifying the nature and concentration, and/or mass,where required by the Pretreatment Standards or by the Pretreatment Coordinator, of regulatedpollutants in the discharge from each regulated process;

c. As the Coordinator deems necessary, a User may be required to analyze for one or morePollutants not listed in the Local Limits or Pretreatment Standards that can reasonably beexpected to be in the User’s Discharge;

6. Plans and Diagrams:

a. Site plans/floor plans that show the footprint of the building with an outline of major equipment(similar to an emergency exit plan);

b. Site plans, floor plans, mechanical and plumbing plans, and details to show all Building Sewers,floor drains, and appurtenances by size, location and elevation, and all points of Discharge;

c. A diagram showing the location for monitoring the Discharge of all Wastewaters covered by thePermit;

7. Environmental Permits. A list of any environmental control permits held by or for the applicant’sfacility.

8. Requests for a monitoring waiver for a Pollutant regulated as a Categorical Pretreatment Pollutantneither present nor expected to be present in the Discharge based on Section 51.505(D) below (40CFR 403.12(e)(2)). Representative sampling and analysis shall be required to substantiate therequest;

9. Any other information and/or documentation as may be deemed necessary by the PretreatmentCoordinator to evaluate and process the Wastewater Discharge Permit application.

C. General Application Requirement for Food Service Establishments (FSE). The Coordinator may require anFSE User to obtain a general Wastewater Discharge Permit by submitting an application on a formprovided by the Village which is specific to FSE. The form may require, but is not limited to, contactinformation, general business information, facility operation, kitchen fixtures, FOG handling procedures,kitchen clean-up and water usage, grease interceptor or alternatives used, and sampling locations. TheVillage may require an FSE to comply with a BMP and the FSE shall submit documentation as required bythe Coordinator.

D. Categorical Monitoring Waivers

1. Authority. The Village may authorize a User subject to a Categorical Pretreatment Standard to foregosampling of a Pollutant regulated by a Categorical Pretreatment Standard if the User hasdemonstrated through sampling and other technical factors that the Pollutant is neither present norexpected to be present in the Discharge, or is present only at background levels from intake waterand without any increase in the Pollutant due to activities of the User. This waiver is not available toUsers whose concentration standards are derived from mass standards or production basedstandards. This waiver is subject to the following conditions:

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a. The monitoring waiver may only be authorized where a Pollutant is determined to be presentsolely due to Wastewater Discharged from the facility provided that the Wastewater is notregulated by an applicable Categorical Pretreatment Standard and otherwise includes no processWastewater.

b. The monitoring waiver is valid only for the duration of the effective period of the WastewaterDischarge Permit, but in no case longer than five (5) years. The User must submit a new requestfor the waiver before the waiver can be granted for each subsequently issued WastewaterDischarge Permit.

c. The monitoring waiver is non-transferable to a new owner or operator.

d. This provision does not supersede certification processes and requirements established inCategorical Pretreatment Standards, except as otherwise specified in the CategoricalPretreatment Standard.

e. All applicable civil and criminal penalties for violation of Pretreatment Standards andrequirements, and any applicable compliance schedule still apply.

2. Waiver Application Requirements

a. In making a demonstration that a Pollutant is not present, the User must provide data from atleast one sampling of the facility’s process Wastewater prior to any treatment present at thefacility that is representative of all Wastewater from all processes.

b. The request for a monitoring waiver must be signed in accordance with Section 51.506 andinclude the certification statement in Section 51.506.

c. Non-detectable sample results may be used only as a demonstration that a Pollutant is notpresent if the USEPA approved method from 40 CFR Part 136 with the lowest minimum detectionlevel for that Pollutant was used in the analysis.

Incomplete or inaccurate applications will not be processed and will be returned to the User forrevision.

3. Documentation and Record Retention for CIU Monitoring Waivers

Any grant of the monitoring waiver by the Coordinator shall be included as a condition in the User’sWastewater Discharge Permit. The reasons supporting the waiver and any information submitted bythe User in its request for the waiver shall be maintained by the Coordinator for three (3) years afterexpiration of the waiver.

4. Monitor Waiver Requirements.

51.506 INDIVIDUAL AND GENERAL APPLICATION SIGNATORIES AND CERTIFICATION

A. All Wastewater Discharge Permit applications, User reports and certification statements shall besigned by an Authorized Representative of the User and contain the following certificationstatement:

"I certify under penalty of law that this document and all attachments were preparedunder my direction or supervision in accordance with a system designed to assure thatqualified personnel properly gather and evaluate the information submitted. Based on

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my inquiry of the person or persons who manage the system, or those persons directlyresponsible for gathering the information, the information submitted is, to the best ofmy knowledge and belief, true, accurate, and complete. I am aware that there aresignificant penalties for submitting false information, including the possibility of fine andimprisonment for knowing violations".

B. If the designation of an Authorized Representative is no longer accurate because a differentPerson or position has responsibility for the overall operation of the facility or overallresponsibility for environmental matters for the User, a new written authorization satisfying therequirements of this Section must be submitted to the Coordinator within 30 calendar days ofthe change.

51.507 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT DECISIONS

The Coordinator will evaluate the data furnished by the User and may require additional information and/ordocumentation. Within thirty (30) calendar days of receipt of a complete Wastewater Discharge Permitapplication, the Coordinator will determine whether or not to issue a Wastewater Discharge Permit. TheCoordinator may deny any application for a Wastewater Discharge Permit. If the Coordinator fails to act withinninety (90) calendar days, an application for a Wastewater Discharge Permit shall be deemed to be denied.

SECTION 6: WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS

51.601 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT DURATION

An individual Wastewater Discharge Permit shall be issued for a specified time period, not to exceed five (5) yearsfrom the effective date of the Permit. An individual Wastewater Discharge Permit may be issued for a period lessthan five (5) years at the discretion of the Pretreatment Coordinator. Each individual Wastewater DischargePermit shall indicate a specific date upon which it will expire. A general Wastewater Discharge Permit may containa specific date upon which it will expire. The Village will identify in the individual Wastewater Discharge Permitwhether or not the User is defined as an SIU.

51.602 WASTEWATER DISCHARGE PERMIT CONTENTS

A Wastewater Discharge Permit shall include such conditions as are deemed reasonably necessary by theCoordinator to prevent Pass Through, Interference or Upset, protect the quality of the water body receiving theWWTP effluent, protect the health and safety of Village personnel, facilitate Wastewater, effluent, and Biosolidsreduction, reuse, and recycling, and protect against damage to the POTW.

A. Wastewater Discharge Permits shall contain:

1. A statement that indicates Wastewater Discharge Permit duration;

2. A statement that the Wastewater Discharge Permit is nontransferable without prior notification tothe Village in accordance with Section 51.605 of this Ordinance, and provisions for furnishing the newOwner or operator with a copy of the existing Wastewater Discharge Permit;

3. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;

4. Requirements for the development and implementation of a SSC Plan or other special conditionsincluding Best Management Practices necessary to adequately prevent accidental, unanticipated, ornon-routine Discharges;

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5. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. Theserequirements shall include an identification of Pollutants to be monitored, sampling location,sampling frequency, and sample type based on Federal, State, and local law; and

6. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards andRequirements, and any applicable compliance schedule. Such schedule may not extend the time forcompliance beyond that required by applicable Federal, State, or local law.

B. A Wastewater Discharge Permit may contain the process for seeking a waiver from monitoring for aPollutant neither present nor expected to be present in the Discharge in accordance with Section51.505(D). Any grant of the monitoring waiver by the Coordinator shall be included as a condition of theUser’s Permit.

C. Wastewater Discharge Permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of Discharge, time of Discharge, and/or requirements forflow regulation and equalization;

2. Requirements for the installation of Pretreatment technology, pollution control, or construction ofappropriate containment devices, designed to equalize, reduce, eliminate, or prevent theintroduction of Pollutants into the POTW;

3. Requirements that govern, regulate, and/or restrict the use of bypass of the Pretreatment systemconditions consistent with 40 CFR 403.17 and Section 51.1403 of this Ordinance;

4. Requirements for the development and implementation of an SSC Plan or other special conditionsincluding management practices necessary to adequately prevent accidental, unanticipated, or non-routine Discharges;

5. Development and implementation of waste minimization plans to reduce the amount of PollutantsDischarged to the POTW;

6. Development and implementation of Best Management Practices Plans to reduce the amount ofPollutants Discharged to the POTW;

7. The unit charge and/or schedule of strength fees for the management of the Wastewater Dischargedto the POTW;

8. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

9. Requirements for the zero Discharge of process waste regulated by a National CategoricalPretreatment Standard or local standard;

10. Documentation of any monitoring waiver approved by the Coordinator for categorically regulatedPollutants found to be not present and requirements to re-institute monitoring in the event that awaived Pollutant is found to be present or is expected to be present because of changes that occur inthe User’s operation.

11. A statement that compliance with the Wastewater Discharge Permit does not relieve the User ofresponsibility for compliance with all applicable Federal and State Pretreatment Standards, includingthose which become effective during the term of the Wastewater Discharge Permit; and

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12. Other conditions as deemed appropriate by the Coordinator to ensure compliance with thisOrdinance, and State and Federal laws, rules, and regulations.

D. General Wastewater Discharge Permits for Food Service Establishments. If a general WastewaterDischarge Permit for an FSE is issued, the general Permit shall include grease interceptor requirementswith operation and maintenance requirements. All FSE shall implement a BMP plan in its operation tominimize the Discharge of FOG to the POTW. Detailed requirements for BMP plans shall be specified inthe Permit. This may include, but is not limited to:

1. Installation of drain screens;2. Segregation and collection of waste cooking oil;3. Disposal of food waste into the trash or garbage;4. Employee training;5. Record keeping requirements;6. Notifications required; and7. Kitchen signage.

If the FSE has a waiver for some aspect of the program, that waiver will be documented in an attachmentto the general Permit.

51.603 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT APPEALS

Any Person, including the User, may petition the Coordinator to reconsider the terms of a Wastewater DischargePermit, a Permit modification, or a Permit revocation within thirty (30) calendar days of notice of its issuance. Thefollowing conditions apply to Wastewater Discharge Permit appeals:

A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

B. In its petition, the appealing party must indicate the Wastewater Discharge Permit provisions objected to,the reasons for such objection, and the alternative condition, if any, it seeks to place in the WastewaterDischarge Permit.

C. The effectiveness of the Wastewater Discharge Permit shall not be stayed pending the appeal.

D. If the Coordinator fails to act within thirty (30) calendar days, a request for reconsideration shall bedeemed to be denied. Decisions not to reconsider a Wastewater Discharge Permit, not to issue aWastewater Discharge Permit, or not to modify a Wastewater Discharge Permit shall be considered finaladministrative actions for purposes of judicial review.

E. Aggrieved parties seeking judicial review of the final administrative Wastewater Discharge Permit decisionmust do so by filing a complaint with the Circuit Court for DuPage County within sixty (60) calendar days.

51.604 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT MODIFICATION

A. The Coordinator may modify a Wastewater Discharge Permit for good cause, including, but not limited to,the following reasons:

1. To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;

2. To address substantial alterations or additions to the User's operation, processes, or Wastewatervolume or character since the time of issuance of the Wastewater Discharge Permit;

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3. In the event a waived Pollutant is found to be present, or is expected to be present, because ofchanges that occur in the User’s operations;

4. A change in the User or POTW that requires either a temporary or permanent reduction orelimination of the authorized Discharge;

5. Information indicating that the permitted Discharge poses a threat to the POTW, Village personnel, orthe receiving waters;

6. Violation of any terms or conditions of the Wastewater Discharge Permit;

7. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater Discharge Permitapplication or in any required reporting;

8. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR403.13;

9. To correct typographical or other errors in the Wastewater Discharge Permit; or

10. To reflect a transfer of either the facility ownership or operation to either a new Owner or operatoras provided by Section 51.605.

The Coordinator will notify the User of the Permit modification, and the User may appeal the Coordinator’sdecision to modify the Permit pursuant to Section 51.603.

51.605 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT TRANSFER

A Wastewater Discharge Permit shall not be transferred, assigned, or sold to a new Owner or new User in adifferent premise or to a new or different operation in the same or different premise without the expressedwritten approval of the Coordinator. If the premises are sold or otherwise transferred by the current permittedUser to a new Owner or User who will maintain the operation in the same premises, the Permit held by the currentpermitted User and/or Owner shall be reissued by the Village to the new Owner and/or User as a temporaryWastewater Discharge Permit whether or not the current permitted User will continue to operate the equipmentat the site or the equipment is leased to another User for its operation at the site of the current permitted User;provided:

A. The new Owner and/or User notified the Village thirty (30) calendar days in advance of the transaction;and

B. The new Owner and/or User confirmed to the Village, within five (5) work days of the transaction, thecompletion of the date of the sale or transfer or execution of an operating contract; and

C. The new Owner and/or User shall apply for a new Wastewater Discharge Permit in accordance with thisOrdinance within sixty (60) calendar days of the ownership transaction date.

Failure to provide the sale/transfer notification defined in subsections A and B above renders the WastewaterDischarge Permit void as of said sale and/or transfer date. It is further provided that the temporary WastewaterDischarge Permit shall only be effective for one hundred twenty (120) calendar days after the date of sale ortransfer. The Village shall have the same remedies for violation of temporary Wastewater Discharge Permits as ithas for violation of other Wastewater Discharge Permits.

51.606 INDIVIDUAL AND GENERAL WASTEWATER DISCHARGE PERMIT REVOCATION

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The Coordinator may revoke a Wastewater Discharge Permit for good cause, including, but not limited to, thefollowing reasons:

A. Failure to timely notify the Coordinator of substantial changes to the Wastewater prior to the changedDischarge;

B. Failure to provide prior notification to the Coordinator of changed conditions pursuant to Section 51.704and Section 51.705 of this Ordinance;

C. Misrepresentation or failure to fully disclose all relevant facts in the Wastewater Discharge Permitapplication;

D. Falsifying self-monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the Coordinator and/or Duly Authorized Agents timely access to the facility premisesand records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

K. Failure to complete a Wastewater survey or the Wastewater Discharge Permit application;

L. Failure to provide advance notice of the transfer of business or operation ownership of a permittedfacility; or

M. Violation of any Pretreatment Standard or Requirement, or any terms of the Wastewater DischargePermit or this Ordinance.

Wastewater Discharge Permits shall be voidable by the Coordinator upon cessation of operations or transfer ofbusiness or operation ownership. Any existing Wastewater Discharge Permit issued to a particular User is voidupon the issuance of a new Wastewater Discharge Permit to that User.

The Coordinator will notify the User of the Permit modification, and the User may appeal the Coordinator’sdecision to modify the Permit pursuant to Section 51.603.

51.607 WASTEWATER DISCHARGE PERMIT RE-ISSUANCE

A User with an expiring Wastewater Discharge Permit shall apply for Wastewater Discharge Permit re-issuance bysubmitting a complete Wastewater Discharge Permit application, in accordance with Section 51.505 of thisOrdinance, a minimum of ninety (90) calendar days prior to the expiration of the User's existing WastewaterDischarge Permit.

51.608 REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS

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A. If another municipality, or User(s) located within another municipality, contributes Wastewater to thePOTW, the Village shall enter into an intergovernmental agreement with the contributing municipality oran agreement with the contributing Users(s) regarding the Discharge of Wastewater to the POTW.

B. The Village shall request the following information from the contributing municipality or Users(s) at afrequency determined by the Village:

1. A description of the quality and quantity of Wastewater Discharged to the POTW by the contributingmunicipality or Users(s);

2. An inventory of all Users located within the contributing municipality that are DischargingWastewater to the POTW; and

3. Such other information as the Coordinator may deem necessary.

C. An intergovernmental agreement required by subsection A above, shall contain the following conditions:

1. A requirement for the contributing municipality to adopt an Industrial Wastewater PretreatmentOrdinance which is at least as stringent as this Ordinance and Local Limits which are at least asstringent as those set forth in Section 3 of this Ordinance for the area to be served by the Village. Therequirement shall specify that such Ordinance and limits must be revised as necessary to reflectchanges made to the Village's Ordinance or Local Limits. The said agreement shall include a clause inthe agreement that states the Users in the contributing municipality will abide by this Ordinance ofthe Village Code.

2. A requirement for the contributing municipality to submit an updated User inventory at a frequencydetermined by the Village;

3. A provision specifying that Pretreatment implementation activities, including Wastewater DischargePermit issuance, inspection and sampling, and enforcement, will be under the jurisdiction of theCoordinator;

4. A requirement for the contributing municipality to provide the Coordinator with access to allinformation and documentation that the contributing municipality obtains as part of its Pretreatmentactivities;

5. Limits on the nature, quality, and volume of the contributing municipality's Wastewater at the pointwhere it Discharges to the POTW;

6. Requirements for monitoring the contributing municipality's Wastewater Discharge to the POTW;

7. A provision ensuring the Coordinator access to the facilities of Users located within the contributingmunicipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other dutiesdeemed necessary by the Coordinator; and

8. A provision specifying remedies available for breach of the terms of the inter-governmentalagreement.

SECTION 7: REPORTING REQUIREMENTS

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Each User shall comply with the reporting requirements within this Ordinance and such User’s WastewaterDischarge Permit. Some reporting requirements may apply to Users that are not required to obtain a WastewaterDischarge Permit.

51.701 PRETREATMENT REQUIREMENTS FOR NON-CATEGORICAL USERS

Should the Village find that a User, not subject to National Categorical Pretreatment Standards, does not meetPretreatment Standards and/or Requirements applicable to its Discharge, causes or contributes to a WWTPInterference or Upset, causes Pass Through, or creates conditions which are injurious to the POTW, includingtreatment processes, or pollutes the natural waters within the Village, its service areas, or the Waters of the Stateof Illinois, additional Pretreatment and/or O&M shall be required of the User to meet Pretreatment Standards andRequirements. Such facilities as the Village may deem necessary for Pretreatment of the Wastewaters shall befurnished by and at the expense of the User as a condition of the Discharge of Wastewater into the POTW or toany natural water within the Village service area.

A. Pretreatment Review: The Pretreatment Coordinator will require the User to initiate a Pretreatmentreview through a telephone call, letter, or certified letter to the Authorized Representative of the User.

B. Pretreatment Initiation Meeting. A Pretreatment Initiation Meeting shall be held between theCoordinator and the User to discuss the problem and the solution to said problem. If it is determined thatchanges in operation and maintenance, plant modifications, and/or the installation of Pretreatmentequipment shall occur to resolve Noncompliance, a schedule shall be established with events andcompletion deadlines agreeable to both parties to resolve the Noncompliance. If appropriate, aCompliance Agreement defining the agreed upon schedule shall be sent from the Village to the User. TheUser shall sign the Compliance Agreement and return it to the Coordinator. If a schedule for complianceacceptable to the Coordinator and the User cannot be established, the matter will be referred for furtherenforcement action consistent with the provisions of Section 11 as appropriate.

C. Progress Reports. Progress Reports shall be filed by the User on a schedule agreed to by the Coordinatorand the User concerning the completion of major events leading to the construction and operation ofadditional Pretreatment required for the User to meet the applicable Pretreatment Standards (suchevents include, but are not limited to, hiring an engineer, completing preliminary and final plans,executing contracts for major components, commencing and completing construction, and beginning andconducting routine operation). In the progress report(s), the User shall identify whether or not itcomplied with the increment of progress, the reason for any delay, and, if appropriate, the steps beingtaken by the User to return to the established compliance schedule.

D. Final Report. A Final Report shall be filed with the Coordinator by the User within ninety (90) calendardays from the end of the compliance schedule deadline to verify the success or failure or the entireschedule. The Final Report will appropriate identify the steps being taken by the User to resolveNoncompliance.

51.702 PRETREATMENT REQUIREMENTS FOR CATEGORICAL INDUSTRIAL USERS

In the event that either the Village, a User or IEPA determines that the User is regulated as a Categorical IndustrialUser by standards and requirements promulgated by the IEPA in accordance with Section 307 (b) and (c) of theAct, the following reports are required to be filed by the User with the Village.

A. Baseline Monitoring Reports

Within either one hundred eighty (180) calendar days after the effective date of a CategoricalPretreatment Standard, or the final administrative decision on a category determination under 40 CFR403.6(a)(4), whichever is later, existing Categorical Industrial Users currently Discharging to or scheduled

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to Discharge to the POTW shall submit to the Coordinator a report which contains the information listedbelow. At least ninety (90) calendar days prior to commencement of its Discharge, New Sources andsources that become CIUs subsequent to the promulgation of an applicable categorical standard, shallsubmit to the Coordinator a report which contains the information listed below. A New Source shallreport the method of Pretreatment it intends to use to meet applicable categorical standards. A NewSource also shall give estimates of its anticipated flow and quantity of Pollutants to be Discharged.

Users described above shall submit the information set forth below to the Coordinator:

1. Identifying Information. The name and address of the facility, including the name of the operator andOwner.

2. Environmental Permits. A list of any environmental control permits held by or for the facility.

3. Description of Operations. A brief description of the nature, average rate of production, (includingeach product produced by type, amount, processes, and rate of production), and standard industrialclassification (SIC) codes of the operation(s) carried out by such User. This description should includea schematic process diagram which indicates points of Discharge to the POTW from the regulatedprocesses.

4. Flow Measurement. Information showing the measured average daily and maximum daily flow, ingallons per day, to the POTW from regulated process streams and other streams, as necessary, toallow use of the combined waste stream formula set out in 40 CFR 403.6(e). The PretreatmentCoordinator may allow for verifiable estimates of these flows where justified by cost or feasibilityconsiderations.

5. Measurements of Pollutants.

a. The User shall identify the Categorical Pretreatment Standards applicable to each regulatedprocess;

b. The User shall submit the results of sampling and analysis identifying the nature andconcentration, and/or mass, where required by the Categorical Pretreatment Standard or by theCoordinator, of regulated Pollutants in the Discharge from each regulated process. Both DailyMaximum and average concentrations (or mass, where required) shall be reported. The sampleshall be representative of daily operations. In cases where the Categorical PretreatmentStandard requires a Best Management Practice or pollution prevention alternative, the User shallsubmit documentation as required by the Coordinator or the applicable Standards to determinecompliance with the Categorical Pretreatment Standard;

c. The User shall take a minimum of one representative sample to complete the data necessary tocomply with the requirements of this subsection. A maximum of four (4) grab samples may berequired to be used for pH, cyanide, total phenols, oil and grease, sulfide, chromium (VI), andvolatile organic compounds.

d. Samples should be taken immediately downstream from Pretreatment facilities if such exist orimmediately downstream from the regulated process if no Pretreatment exists. If otherWastewaters are mixed with the regulated Wastewater prior to Pretreatment, the User shouldmeasure the flows and concentrations necessary to allow the use of the Combined WastestreamFormula of 40 CFR 403.6(e) in order to evaluate compliance with all Pretreatment Standards.Similar methodology may be used to evaluate limits for Users that combine wastestreams afterPretreatment but before monitoring, at the discretion of the Coordinator. Where an alternate

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concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjustedlimit along with supporting data may be submitted to the USEPA or IEPA;

e. Sampling shall be performed in accordance with procedures set out in Section 51.405 of thisOrdinance and samples shall be analyzed in accordance with procedures set out in Section51.406 of this Ordinance. Where Sections 51.405 and 51.406 do not contain sampling oranalytical techniques for the pollutant in question, or where the Coordinator determines that thelisted sampling and analytical techniques are inappropriate for the pollutant in question,sampling and analysis shall be performed by using validated analytical methods or any otherapplicable sampling and analytical procedures, including procedures suggested by the POTW orother parties, approved by the Coordinator;

f. The Coordinator may allow the submission of a baseline monitoring report which utilizes onlyhistorical data so long as the data provides information sufficient to determine the need forindustrial Pretreatment measures;

g. The baseline monitoring report shall indicate the time, date and place, of sampling, and methodsof analysis, and shall certify that such sampling and analysis is representative of normal workcycles and expected Pollutant Discharges to the Village;

6. Compliance Certification. A statement, reviewed by the User’s Authorized Representative (as definedin Section 51.106), and certified by a qualified professional, indicating whether PretreatmentStandards are being met on a consistent basis, and, if not, whether additional operation andmaintenance (O&M) and/or additional Pretreatment is required for the CIU to meet the PretreatmentStandards and Requirements; and

7. Compliance Schedule. If additional Pretreatment and/or O&M will be required to meet thePretreatment Standards, the User will submit the shortest schedule by which the User will providesuch additional Pretreatment and/or O&M. The completion date in this schedule shall not be laterthan the compliance date established for the applicable Pretreatment standard.

a. The schedule shall contain progress increments in the form of dates for the commencement andcompletion of major events leading to the construction and operation of additional Pretreatmentrequired for the User to meet the applicable Pretreatment Standards (such events include, butare not limited to: hiring an engineer, completing preliminary and final plans, executing contractsfor major components, commencing and completing construction, and beginning and conductingroutine operation);

b. No increment referred to above shall exceed nine (9) calendar months;

c. The User shall submit a progress report to the Coordinator no later than fourteen (14) calendardays following each date in the schedule and the final date of compliance including, as aminimum, whether or not it complied with the increment of progress, the reason for any delay,and, if appropriate, the steps being taken by the User to return to the established schedule;

d. In no event shall more than nine (9) calendar months elapse between such progress reports tothe Coordinator; and

e. All compliance schedule progress reports must be signed and certified in accordance with Section51.506 of this Ordinance.

f. Where the User's Categorical Pretreatment Standard has been modified by a removal allowance(40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a Fundamentally

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Different Factors variance (40 CFR 403.13) at the time the User submits the report requiredby paragraph (b) of this section, the information required by paragraphs A(6) and A(7) of thissection shall pertain to the modified limits.

g. If the Categorical Pretreatment Standard is modified by a removal allowance (40 CFR 403.7), thecombined wastestream formula (40 CFR 403.6(e)), and/or a Fundamentally Different Factorsvariance (40 CFR 403.13) after the User submits the report required by part A of this section, anynecessary amendments to the information requested by paragraphs A(6) and A(7) of this sectionshall be submitted by the User to the Pretreatment Coordinator within 60 days after themodified limit is approved.

8. Signature and Report Certification. All baseline monitoring reports must be signed and certified inaccordance with Section 51.506 of this Ordinance.

B. Reports On Compliance With Categorical Pretreatment Standard Deadline

Within ninety (90) calendar days following the date for final compliance with applicable CategoricalPretreatment Standards, or in the case of a New Source following commencement of the introduction ofWastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shallsubmit to the Coordinator a report containing the information described in Section 51.702(A) of thisOrdinance. For Users subject to equivalent mass or concentration limits established in accordance withthe procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long-termproduction rate. For all other Users subject to Categorical Pretreatment Standards expressed in terms ofallowable Pollutant Discharge per unit of production (or other measure of operation), this report shallinclude the User's actual production during the appropriate sampling period. All compliance reports mustbe signed and certified in accordance with Section 51.506 of this Ordinance.

51.703 PERIODIC COMPLIANCE REPORTS / SELF-MONITORING REPORTS

A. Significant Industrial Users (Including CIUs)

1. SIUs shall, at a frequency determined by the Coordinator but in no case less than twice per year (ondates specified by the Village in the Wastewater Discharge Permit, representing the first and secondsemi-annual periods) submit a report to the Village with a description of the nature, concentration ofPollutants in the Discharge which are limited by Pretreatment Standards, and the measured orestimated average and daily flows for the reporting period, in addition to any other reports requiredby the SIU’s Wastewater Discharge Permit. All periodic compliance reports must be signed andcertified in accordance with Section 51.506 of this Ordinance.

2. These reports shall be based on sampling and analysis performed in the period covered by the report,and performed in accordance with the techniques described in 40 CFR part 136 and amendmentsthereto. All Wastewater samples must be representative of the User's Discharge and comply with therequirements of Section 51.405 and Section 51.406.

3. All sampling and analysis may be performed by the Village in lieu of the Significant Industrial User atthe discretion of the Coordinator. In such cases, the Village will issue an Attachment to theWastewater Discharge Permit that specifies the Village will perform sampling and analysis semi-annually at minimum. The Significant Industrial User shall reimburse the Village for all costs andexpenses incurred for such sampling and analysis in a manner acceptable to the Village.

4. In cases where the Pretreatment Standard requires compliance with a Best Management Practice(BMP) or pollution prevention alternative, the User must submit documentation required by theCoordinator or the Pretreatment Standard necessary to determine the compliance status of the User.

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5. If a SIU subject to the reporting requirements in this section monitors any Pollutant more frequentlythan required by the Coordinator, using the procedures prescribed in Section 51.405 and Section51.406 of this Ordinance, the results of this monitoring shall be included in the report.

B. Categorical Industrial Users

1. Where the Village has imposed mass limitations on a CIU as provided for by 40 CFR 403.6(c), thereport required by Section 51.703(A)(1) shall indicate the mass of Pollutants regulated by thePretreatment Standards in the Discharge from the CIU.

2. For a CIU subject to equivalent mass or concentration limits established by the Village in accordancewith the procedures in 40 CFR 403.6(c), the report required by paragraph A(1) of this section shallcontain a reasonable measure of the User’s long term production rate. For all other CIUs subject toCategorical Pretreatment Standards expressed only in terms of allowable Pollutant Discharge per unitof production (or other measure of operation), the report required by Section 51.703(A)(1) shallinclude the User’s actual average production rate for the reporting period.

3. In cases where the Pretreatment Standard requires compliance with a Best Management Practice(BMP) or pollution prevention alternative, the CIU must submit documentation required by theCoordinator or the Pretreatment Standard necessary to determine the compliance status of the User.

4. Upon approval of a monitoring waiver for Pollutants found to be not present and revision of theUser’s Permit by the Coordinator, the CIU must certify on each periodic report with the statement inSection 51.506, that there has been no increase in the Pollutant in its wastestream due to activities ofthe User with the following statement:

Based on my inquiry of the person or persons directly responsible for managingcompliance with the Pretreatment Standard for 40 CFR _______ (specify applicableNational Categorical Pretreatment Standard part(s)), I certify that, to the best of myknowledge and belief, there has been no increase in the level of the _________ (list thecategorically regulated Pollutant(s)) in the Wastewaters due to the activities at thefacility since filing of the last periodic report.

5. In the event that a waived Pollutant is found to be present or is expected to be present because ofchanges that occur in the User’s operations, the User must immediately comply with the monitoringrequirements of Section 51.703(A)(1) or other more frequent monitoring requirements imposed bythe Coordinator, and notify the Coordinator.

C. Non-Significant Categorical Users

1. NSCIUs as defined in Section 51.106 shall annually (on dates specified in a Wastewater DischargePermit), submit the following certification statement signed by an Authorized Representative of theUser. The certification must also accompany any alternative report required by the Village.

Based on the inquiry of the Person or Persons directly responsible for managing compliancewith the Categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best ofmy knowledge and belief, that during the period from ___________, __________ to__________, __________: [months, days, year]

a. The facility described as ____________________________ [facility name] met thedefinition of a Non-Significant Categorical Industrial User as described in 51.106 of theVillage of Itasca Code of Ordinances;

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b. The facility complied with all applicable Pretreatment Standards and Requirementsduring this reporting period; and

c. The facility never Discharged more than 100 gallons of total categorical Wastewater onany given day during this reporting period.

This compliance certification is based on the following information:

D. Other Non-Significant Regulated Users

1. Categorical Zero Process Dischargers, Non-Categorical Zero Process Dischargers, Batch Dischargers,FSEs, and any firms regulated by individual or general Wastewater Discharge Permit requirementsincluding but not limited to Best Management Practices shall submit a periodic report at a frequencydefined in the applicable Wastewater Discharge Permit or at a frequency determined by theCoordinator.

E. All other Users shall submit periodic reports as required by the Coordinator.

The reports may require sampling and analyses or some other measure to determine compliance with an issuedPermit, Pretreatment Standards and Requirements, or the requirements of this Ordinance. The User must submitdocumentation necessary to determine the compliance status of the User as defined by the Coordinator or asidentified in the Wastewater Discharge Permit. As the Coordinator deems necessary, a User may be required toanalyze for one or more Pollutants not listed in the Local Limits or Pretreatment Standards.

51.704 AUTHORIZED REPRESENTATIVE CHANGE NOTIFICATION

Any Significant Industrial User that changes the Authorized Representative of its company shall file a change noticewith the Village within thirty (30) calendar days of the effective date of the change.

51.705 REPORTS OF CHANGED CONDITIONS

Each User must notify the Coordinator of any planned substantial changes to the User's operations or systemwhich might alter the nature, quality, or volume of its Wastewater at least thirty (30) calendar days before thechange. Immediate shutdowns or deletions of products are required to be noticed within five (5) work days ofdetermination.

A. The Coordinator may require the User to submit such information as may be deemed necessary toevaluate the changed condition, including the submission of a Wastewater Discharge Permit applicationunder Section 51.505 of this Ordinance.

B. The Coordinator may issue or modify an existing Wastewater Discharge Permit under Section 51.602 andSection 51.604 of this Ordinance in response to changed conditions or anticipated changed conditions.

C. For purposes of this requirement, substantial changes include, but are not limited to, flow increases oftwenty percent (20 percent) or greater, the addition or deletion of a shift, the Discharge of any previouslyunreported Pollutants including changes to the listed or characteristic hazardous wastes for which theUser has submitted initial notification under Section 51.708, introduction of a Pollutant for which amonitoring waiver had been obtained, the addition of a new process regardless of waste Discharge or lack

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of Discharge, shutdown of a process, or addition or deletion of a product.

D. SIUs and CIUs are required to notify the Coordinator of any changes at its facility affecting the potentialfor a Slug Discharge.

51.706 REPORTS OF POTENTIAL PROBLEMS

A. Initial Accidental Discharge Notification. In the case of any Discharge, including, but not limited to,accidental Discharges, Discharges of a non-routine, episodic nature, a non-customary Batch Discharge, ora Slug Load that may cause potential problems for the POTW, any User shall immediately telephone(within fifteen (15) minutes of gaining knowledge of the Discharge), and notify the Coordinator of theincident. If this notification cannot be made to the POTW staff during routine business hours, the Usershall notify the Itasca Police Department at (630) 773-1004. This notification shall include the name of thecaller, location of the Discharge, physical state of Discharge, chemical composition, concentration andvolume, if known, date and time of Discharge as well as duration of the Discharge, and corrective actionstaken by the User. The notification shall include what Federal, State and local entities have also been, orwill be, notified by the User.

B. The User shall control production of all Discharges to the extent necessary to maintain compliance with allapplicable regulations upon reduction, loss, or failure of its treatment facility until the facility is restoredor an alternative method of treatment is provided. This requirement includes the situation where, amongother things, the primary source of power of the treatment facility is reduced, lost, or fails.

C. Written Accidental Discharge Notification: Within five (5) business days following such Discharge, theUser shall, unless waived by the Coordinator, submit a detailed written report describing the cause(s) ofthe Discharge and the measures to be taken by the User to prevent similar future occurrences.

D. Such notifications shall not relieve the User of any expense, loss, damage, or other liability which may beincurred as a result of damage to the POTW, natural resources, or any other damage to person orproperty; nor shall such notification relieve the User of any fines, penalties, or other liability which may beimposed pursuant to this Ordinance.

51.707 NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING

A. If sampling performed by a User indicates a violation, the User must notify the Coordinator within twenty-four (24) hours of becoming aware of the violation. It is acceptable for a consultant acting on behalf ofthe User to provide notification to the Village. Failure to notify the Coordinator shall be consideredSignificant Noncompliance with the provisions of this Ordinance and shall be subject to the enforcementresponses and penalties listed herein.

B. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to theCoordinator within thirty (30) calendar days after becoming aware of the violation. The User is notrequired to resample if the Village monitors at the User's facility at least once a month, or if the Villagesamples between the User's initial sampling and when the User receives the results of this sampling. Ifthe Village performed the sampling and analysis in lieu of the User, the Village will perform the repeatsampling and analysis unless it notifies the User of the violation and requires the User to perform therepeat sampling and analysis.

51.708 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE

A. Pursuant to 40 CFR 403.12 (P) any User who commences the Discharge of hazardous waste shall notify thePOTW, the USEPA 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

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hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous wasteas set forth in 40 CFR Part 261, the USEPA hazardous waste number, and the type of Discharge(continuous Discharge, Batch Discharge, or other). If the User Discharges more than one hundred (100)kilograms of such waste per calendar month to the POTW, the notification also shall contain the followinginformation to the extent such information is known and readily available to the User: an identification ofthe hazardous constituents contained in the wastes, an estimation of the mass and concentration of suchconstituents in the waste stream Discharged during that calendar month, and an estimation of the massof constituents in the waste stream expected to be Discharged during the following twelve (12) months.All notifications must take place no later than one hundred and eighty (180) calendar days after theDischarge commences. Any notification under this subsection need be submitted only once for eachhazardous waste Discharged. However, notifications of changed conditions must be submitted underSection 51.705 of this Ordinance. The notification requirement in this subsection does not apply toPollutants already reported by CIUs under the self-monitoring requirements of Section 51.702(A), Section51.702(B), and Section 51.703(B) of this Ordinance.

B. Dischargers are exempt from the requirements of Section 51.708(A), above, during a calendar month inwhich they Discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes areacute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen(15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardouswastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequentmonths during which the User Discharges more than such quantities of any hazardous waste do notrequire additional notification.

C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics ofhazardous waste or listing any additional substance as a hazardous waste, the User must notify theCoordinator, the USEPA Regional Waste Management Waste Division Director, and State hazardous wasteauthorities of the Discharge of such substances within ninety (90) calendar days of the effective date ofsuch regulations.

D. In the case of any notification made under this subsection, the User shall certify that it has a program inplace to reduce the volume and toxicity of hazardous wastes generated to the degree it has determinedto be economically practical.

E. This provision does not create a right to Discharge any substance not otherwise permitted to beDischarged by this Ordinance, a Wastewater Discharge Permit issued hereunder, or any applicable Federalor State law.

51.709 REPORT SUBMITTAL DUE DATES

Written reports will be deemed to have been submitted on the date postmarked. For reports which are notmailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of thereport shall govern. In order to meet deadlines, reports may be faxed or emailed on the due date to the Village. Ifsubmitted electronically on the due date, the original of the fax or email is required to be mailed to the Villagepostmarked within one (1) work day of the transmission.

SECTION 8: COMPLIANCE MONITORING

51.801 RIGHT OF ENTRY: INSPECTION AND SAMPLING

The Pretreatment Coordinator and his designee(s), Duly Authorized Agents of the Village, the IllinoisEnvironmental Protection Agency (IEPA), and the United States Environmental Protection Agency, hereafterreferred to as “the above-named entities”, shall have the right to enter the premises of any User to determine

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whether the User is complying with all requirements of this Ordinance and any individual or general WastewaterDischarge Permit or order issued hereunder. Users shall allow the above-named entities ready access to all partsof the premises for the purposes of inspection, observation, measurement, sampling, analyses, recordsexamination and copying, and the performance of any additional duties.

A. Where a User has security measures in force which require proper identification and clearance beforeentry into its premises, the User shall make necessary arrangements so that, upon presentation ofsuitable identification, the above-named entities will be permitted to enter without delay for thepurposes of performing specific responsibilities.

B. The Village shall be permitted to take photographs or videos as needed to compile sufficient informationfrom inspections. Such photographs and video files shall be kept confidential upon request of the User.

C. The above-named entities shall have the right to set up on the User's property or require installation ofsuch devices as are necessary to conduct sampling and/or metering of the User's operations, inspect thepremises for leaks or stoppages, or to place dye in the sanitary pipe as to ascertain whether or not saidsanitary pipe is draining into the proper POTW.

D. The Village may install monitoring equipment as necessary. The Village retains the ability to maintain thesampling and monitoring equipment installed by the Village at all times, and the User shall provide a safeand proper operating condition at its own cost and expense. All devices used to measure Wastewaterflow and quality shall be calibrated at the manufacturer’s recommended frequency to ensure theiraccuracy.

E. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/orsampled shall be promptly removed by the User at the written or verbal request of the Coordinator andshall not be replaced. The costs of clearing such access shall be borne by the User.

F. If necessary, the User shall provide a knowledgeable guide to assist with the inspectors’ purpose on siteby providing all necessary information.

G. Unreasonable delays in allowing the above-named entities access to the User's premises shall be aviolation of this Ordinance.

H. In the event that a suitable sampling facility does not exist, pursuant to Section 51.202, the “samplingfacility” shall be considered to be the more feasible location of the following locations based on thesampling conditions and assurance of compliance: the nearest downstream manhole in the Public Sewerto the point at which the Building Sewer is connected or the most effective point of access to WastewaterDischarge prior to connection to the Public Sewer, even if the Wastewater Discharge at that point doesnot contain all wastewater from the User.

51.802 RECORD KEEPING

Both the Village and Users subject to the reporting requirements of this Ordinance shall retain, and make availablefor inspection and copying, all records of information in accordance with 40 CFR 403.12(o).

51.803 SEARCH WARRANTS

If any of the above-named entities have been refused access to a building, structure, or property, or any partthereof of the User, and is able to demonstrate probable cause to believe that there may be a violation of thisOrdinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling programdesigned to verify compliance with this Ordinance or any Wastewater Discharge Permit or order issued hereunder,or to protect the overall public health, safety and welfare of the community, then the above-named entity may

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seek issuance of a search warrant from the Circuit Court of DuPage County.

SECTION 9: CONFIDENTIAL INFORMATION

51.901 SUBMITTING CONFIDENTIAL INFORMATION

Information and data on a User obtained from reports, surveys, Wastewater Discharge Permit applications,individual or general Wastewater Discharge Permits, and monitoring programs, and the Pretreatment Coordinatorinspection and sampling activities, shall be available to the public without restriction, unless the User specificallyrequests, and is able to demonstrate to the satisfaction of the Coordinator and Village Attorney, that suchinformation is exempt from the Illinois Freedom of Information Act, as amended, as information, processes, ormethods of production entitled to protection as trade secrets. Any such request must be asserted at the time ofsubmission of the information or data. When requested and demonstrated by the User furnishing a report thatsuch information is exempt from the Illinois Freedom of Information Act, as amended, the portions of a reportwhich are exempt from the Illinois Freedom of Information Act shall not be made available for inspection by thepublic, but shall be made available immediately upon request to governmental agencies for uses related to theNPDES program or Pretreatment Program, and in enforcement proceedings involving the Person furnishing thereport. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will notbe recognized as confidential information and will be available to the public without restriction.

SECTION 10: PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE

51.1001 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE

The Pretreatment Coordinator shall publish annually, in a newspaper of general circulation that providesmeaningful public notice within the jurisdiction served by the POTW, a list of the Users which, during the previoustwelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards andRequirements. The term Significant Noncompliance shall be applicable to all SIUs and CIUs (or any other User thatviolates paragraphs (C), (D) or (H) of this Section and shall mean:

A. Chronic violations of Wastewater Discharge limits, defined here as those in which sixty-six percent (66percent) or more of all the measurements taken for the same Pollutant during a six-month period exceed(by any magnitude) a numeric Pretreatment Standard or Requirement as defined in Section 1 of thisOrdinance, including instantaneous limits;

B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33percent) or more of Wastewater measurements taken for each Pollutant during a six-month period equalsor exceeds the product of the numeric Pretreatment Standard or Requirement, including InstantaneousLimits, as defined by Section 1 of this Ordinance multiplied by the applicable criteria (1.4 for BOD, TSS,FOG, and 1.2 for all other Pollutants except pH);

C. The six-month timeframe used to determine chronic and TRC SNC status is assessed on a rolling-quarterbasis. A User is evaluated at the end of a calendar quarter and the six-month period is comprised of thecurrent quarter and the previous quarter. All sampling results must be used when determining SNCstatus, including both compliance samples taken by the Village and self-monitoring samples taken by theUser in compliance with USEPA Methods.

D. Any other Discharge violation of a Pretreatment Standard or Requirement as defined by Section 1 of thisOrdinance (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that theCoordinator determines has caused, alone or in combination with other Discharges, Interference or PassThrough, including endangering the health of POTW personnel or the general public;

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E. Any Discharge of Pollutants that has caused imminent endangerment to the public or to the environment,or has resulted in the Coordinator’s exercise of his or her emergency authority to halt or prevent such aDischarge;

F. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestonecontained in an individual or general Wastewater Discharge Permit, a compliance schedule, administrativeorder, or enforcement compliance schedule for starting construction, completing construction, orattaining final compliance;

G. Failure to provide within forty-five (45) calendar days after the due date, any required reports, includingbaseline monitoring reports, reports on compliance with Categorical Pretreatment Standard deadlines,periodic self-monitoring reports, and reports on compliance with compliance schedules;

H. Failure to accurately report Noncompliance; or

I. Any other violation(s), which may include a violation of Best Management Practices, that the Coordinatordetermines will adversely affect the operation or implementation of the local Pretreatment Program.

SECTION 11: ADMINISTRATIVE ENFORCEMENT REMEDIES

51.1101 NOTICE OF VIOLATION

A. When the Pretreatment Coordinator finds that a User has violated, or continues to violate, any provisionof this Ordinance, a Wastewater Discharge Permit or order issued hereunder, or any other PretreatmentStandard or Requirement, the Pretreatment Coordinator may serve upon that User a written NOV. TheUser shall respond to the NOV by the deadline defined therein, which shall be a minimum of thirty (30)calendar days from the postmarked date.

1. The User’s response shall include an explanation of the violation and a plan for the satisfactorycorrection of the cause of the violation and prevention of future violations with specific requiredactions. The response in no way relieves the User of liability for any violations occurring before orafter receipt of the NOV.

B. An NOV may include a fee to recover the cost of generating the NOV. The User receiving the NOV shallremit payment of the cost recovery fee to the Village by the deadline defined therein, which shall be aminimum of thirty (30) calendar days from the postmarked date.

C. An NOV may include one or more penalties, as outlined in Section 12 of this Ordinance.

D. Issuance of an NOV shall not be a bar against, or a prerequisite for, taking any other action against theUser.

51.1102 COMPLIANCE AGREEMENTS

The Coordinator may enter into Compliance Agreements, (i.e. “consent orders”, assurances of voluntarycompliance, or other similar documents establishing an agreement with any User responsible for Noncompliance).Such documents will include specific action to be taken by the User to correct the Noncompliance within a timeperiod specified by the document. Such documents shall have the same force and effect as the administrativeorders issued pursuant to Sections 51.1104 and 51.1105 of this Ordinance and shall be judicially enforceable.

51.1103 SHOW CAUSE ORDER

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The Coordinator may order a User which has violated, or continues to violate, any provision of this Ordinance,Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, toappear for a hearing before representatives of the Village and show cause why the proposed enforcement actionshould not be taken against the User. Notice of such hearing shall be served on the User specifying the time andplace for the hearing, the proposed enforcement action to be taken, the reasons for such action, and a requestthat the User show cause why the proposed enforcement action should not be taken against the User. The noticeof the meeting shall be served personally or by certified mail (return receipt requested) at least ten (10) work daysprior to the hearing. Such notice may be served on any Authorized Representative of the User. A show causehearing shall not be a bar against, or prerequisite for, taking any other action against the User.

51.1104 COMPLIANCE ORDERS

When the Coordinator finds that a User has violated, or continues to violate, any provision of this Ordinance,Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement,the Coordinator may issue an order to the User directing that the User comply with this Ordinance, theWastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirementwithin a specified time. If the User does not comply within the time provided, sanitary sewer service may bediscontinued by the Village. Compliance orders may contain other requirements to address the Noncompliance,including the installation of adequate treatment facilities, devices, or related appurtenances, additional self-monitoring, and management practices designed to minimize the amount of Pollutants Discharged to the POTW. Acompliance order may not extend the deadline for compliance established for a Pretreatment Standard orRequirement, nor does a compliance order relieve the User of liability for any violation, including any continuingviolation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other actionagainst the User.

A User may petition the Coordinator to reconsider a decision to discontinue sanitary sewer service by submitting apetition within thirty (30) calendar days of the discontinuation of sanitary sewer service to the Coordinatorindicating the User’s objections to the discontinuation. If the Coordinator fails to act within thirty (30) calendardays, the request for reconsideration shall be deemed denied. Denial of a request for reconsideration shall beconsidered final administrative actions for purposes of judicial review. Parties seeking judicial review of the finaladministrative decision must do so by filing a complaint with the Circuit Court of DuPage County within sixty (60)calendar days. An appeal of discontinuation does not bar against or prevent the Village and Coordinator fromtaking other action against the User.

51.1105 CEASE AND DESIST ORDERS

When the Coordinator finds that a User has violated, or continues to violate, any provision of this Ordinance,Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, orthat the User's past violations are likely to recur, the Coordinator may issue an order to the User directing it tocease and desist all such violations and directing the User to:

A. Immediately comply with all requirements; and

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuingor threatened violation, including halting operations and/or terminating the Discharge of Wastewater.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action againstthe User.

51.1106 EMERGENCY SUSPENSIONS

The Coordinator may immediately suspend a User's Discharge of Wastewater whenever such suspension is

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necessary to stop an actual or threatened Discharge of Wastewater which reasonably appears to present or causean imminent or substantial endangerment to the health or welfare of Persons. The Coordinator may alsoimmediately suspend a User's Discharge of Wastewater that threatens to interfere with the operation of thePOTW, or which presents, or may present, an endangerment to the environment.

A. Any User notified of a suspension of its Discharge shall immediately stop or eliminate the Discharge. Inthe event of a User's failure to immediately comply voluntarily with the suspension order, the Coordinatormay take such steps as deemed necessary, including immediate severance, disconnection, or blocking ofthe Building Sewer connection, to prevent or minimize damage to the POTW, its receiving stream, orendangerment to any individuals. The Coordinator may allow the User to recommence its Dischargewhen the User has demonstrated to the satisfaction of the Coordinator that the period of endangermenthas passed, unless the termination proceedings in Section 51.1107 of this Ordinance are initiated againstthe User.

B. A User that is responsible, in whole or in part, for any Discharge of Wastewater presenting imminentendangerment as identified by the Coordinator shall submit a detailed written statement signed by theAuthorized Representative of the User, describing the causes of the harmful contribution and themeasures taken to prevent any future occurrence, to the Coordinator prior to the date of any show causeor termination hearing under Sections 51.1103 or 51.1107 of this Ordinance.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under thissection.

51.1107 TERMINATION OF DISCHARGE

In addition to the provisions in Section 51.1106 of this Ordinance, any User who violates the following conditions issubject to termination of its Wastewater Discharge:

A. Violation of one (1) or more Wastewater Discharge Permit conditions;

B. Failure to accurately report the Wastewater constituents and characteristics of its Discharge;

C. Failure to report substantial changes in operations or Wastewater volume, constituents, andcharacteristics prior to Discharge;

D. Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, orsampling; or

E. Violation of one (1) or more of the Pretreatment Standards in Section 3 of this Ordinance.

Such User will be notified of the proposed termination of its Discharge of Wastewater and be offered anopportunity to show cause under Section 51.1103 of this Ordinance why the proposed action should not be taken.Exercise of this option by the Coordinator shall not be a bar to, or a prerequisite for, taking any other actionagainst the User.

SECTION 12: PENALTIES AND JUDICIAL ENFORCEMENT REMEDIES

51.1201 ORDINANCE VIOLATIONS

Any User who violates any provision of this Ordinance shall be subject to escalating enforcement actions andpenalties in addition to an administrative cost recovery fee.

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51.1202 RECOVERY OF COSTS INCURRED

A. Any Person or User violating any of the provisions of this Ordinance, or who causes damage to or impairsthe POTW, shall be liable to the Village for all expenses, costs, losses, and damages caused directly orindirectly by such violation. The Village may invoice costs and expenses including, but not limited to,sampling and analyses associated with the investigation, mitigating impact to the POTW, preparing theadministrative enforcement actions such as notices and orders, investigative and/or correction actions,and review of response(s) from the User. The Village shall invoice the User for the costs and expensesincurred by the Village for any and all cleaning, repair, replacement, or other investigative and/orcorrective action(s) as a response to the violation. Any User that does not pay to the Village all suchassessed costs and expenses shall constitute a violation of this Ordinance enforceable under theprovisions of Section 11 of this Ordinance.

B. Liens. If any User refuses to remedy a violation of the provisions of this Ordinance and said violations areremedied by the Village, a notice of lien for the cost and expenses incurred shall be recorded inaccordance with State and local law.

51.1203 ADMINISTRATIVE FINES

A. When the Pretreatment Coordinator finds that a User has violated, or continues to violate, any provisionof this Ordinance, an individual or general Wastewater Discharge Permit, or order issued hereunder, orany other Pretreatment Standard or Requirement, the Coordinator may fine such User in an amount notto exceed Seven Hundred Fifty Dollars ($750.00) and/or be incarcerated in a penal institution other than apenitentiary for not to exceed six (6) months (65 ILCS 5/1-2-1). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average Discharge limits, fines shall beassessed for each day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after fifteen (15) calendar days of the date due, be assessed anadditional penalty of ten percent (10%) of the unpaid balance. If the unpaid balance is not paid withinforty-five (45) days after the rendition of the invoice, enforcement actions shall be escalated, asappropriate. A lien against the User’s property shall be sought for unpaid charges, fines, and penalties.

C. Users desiring reconsideration of such fines must file a written request for the Coordinator to reconsiderthe fine along with full payment of the fine amount within thirty (30) calendar days of being notified ofthe fine. Where a request has merit, the Coordinator may convene a hearing on the matter. In the eventthe User’s appeal is successful, the payment, together with any interest accruing thereto, shall bereturned to the User.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other actionagainst the User.

51.1204 INJUNCTIVE RELIEF

When the Coordinator finds that a User has violated, or continues to violate, any provision of this Ordinance, aWastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement,the Village Attorney may petition the Circuit Court of DuPage County for the issuance of a temporary or permanentinjunction, as appropriate, which restrains or compels the specific performance of the Wastewater DischargePermit, order, or other requirement imposed by this Ordinance on activities of the User. The Coordinator may alsoseek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User toconduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for,taking any other action against a User.

51.1205 CIVIL PENALTIES

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A. A User who has violated, or continues to violate, any provision of this Ordinance, an individual or generalWastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard orRequirement shall be liable to the Village for a maximum civil penalty of One Thousand Dollars ($1000)per violation, per day. In the case of a monthly or other long-term average Discharge limit, penalties shallaccrue for each day during the period of the violation.

B. The Coordinator may recover costs, including but not limited to, filing fees, witness fees, attorneys' fees,court costs, and other expenses associated with enforcement activities, including sampling andmonitoring expenses, and the cost of any actual damages incurred by the Village.

C. In determining the amount of fines and/or civil liability, the Court or judicial administrator shall take intoaccount all relevant circumstances, including, but not limited to, the extent of harm caused by theviolation, the magnitude and duration of the violation, any economic benefit gained through the User'sviolation, corrective actions by the User, the compliance history of the User, and any other factor asjustice requires.

D. Issuing a notice of local Ordinance violation or the filing a suit for civil penalties shall not be a bar against,or a prerequisite for, taking any other action against a User.

51.1206 ADDITIONAL REMEDIES

A. In addition to remedies available to the Village set forth elsewhere in this Ordinance, if the Village is finedby the State or USEPA for violation of its NPDES permit or violation of water quality standards as theresult of Discharge of Pollutants by a User or group of Users, then the fine, including all legal, sampling,analytical testing costs, and any other related costs incurred by the Village shall be charges to theresponsible User or group of Users. Such charges shall be in addition to, and not in lieu of, any otherremedies the Village may have under this Ordinance, statutes, regulations, at law or in equity.

B. If the Discharge from any User causes a deposit, obstruction, or damage to any portion of the POTW, theCoordinator shall cause the deposit or obstruction to be promptly removed or cause the damage to bepromptly repaired. The cost for such work, including materials, labor, and supervision, shall be borne bythe Person or User causing such deposit, obstruction, or damage.

51.1207 REMEDIES NONEXCLUSIVE

The remedies provided for in this Ordinance are not exclusive. The Coordinator may take any, all, or anycombination of these actions against a Noncompliant User. Enforcement of Pretreatment violations will generallybe in accordance with the Village’s enforcement response plan. However, the Coordinator may take other actionagainst any User when the circumstances warrant. Further, the Coordinator is empowered to take more than oneenforcement action against any Noncompliant User.

SECTION 13: SUPPLEMENTAL ENFORCEMENT ACTION

51.1301 PERFORMANCE BONDS

The Pretreatment Coordinator may decline to issue or reissue an individual or general Wastewater DischargePermit to any User who has failed to comply with any provision of this Ordinance, a previous individual or generalWastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement,unless such User first files a satisfactory bond, payable to the Village, in a sum not to exceed a value determined bythe Coordinator to be necessary to achieve consistent compliance.

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51.1302 LIABILITY INSURANCE

The Coordinator may decline to issue or reissue an individual or general Wastewater Discharge Permit to any Userwho has failed to comply with any provision of this Ordinance, a previous individual or general WastewaterDischarge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the Userfirst submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTWcaused by the User’s Discharge of Wastewater.

51.1303 PAYMENT FOR OUTSTANDING FEES AND PENALTIES

The Coordinator may decline to issue or reissue an individual or general Wastewater Discharge Permit to any Userwho has failed to pay any outstanding fees, fines, or penalties incurred as a result of any provision of thisOrdinance, previous individual or general Wastewater Discharge Permit, or order issued hereunder.

51.1304 WATER SUPPLY SEVERANCE

Whenever a User has violated or continues to violate any provision of this Ordinance, an individual or generalWastewater Discharge Permit, or order issued hereunder, or any Pretreatment Standard or Requirement, waterservice to the User may be severed. Water service will recommence, at the User’s expense, only after the User hassatisfactorily demonstrated its ability to comply with the violation(s) giving rise to the termination of the service.

51.1305 PUBLIC NUISANCES

A violation of any provision of this Ordinance, an individual or general Wastewater Discharge Permit, or orderissued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a public nuisance andshall be corrected or abated as directed by the Coordinator. Any person(s) creating a public nuisance shall besubject to the provisions governing such nuisances, including reimbursing the Village for any costs incurred inremoving, abating, or remedying said nuisance.

51.1306 CONTRACTOR LISTING

Users which have not achieved compliance with applicable Pretreatment Standards and Requirements are herebydeclared to be non-responsible Users and therefore are not eligible to receive a contractual award for the sale ofgoods or services to the Village. Existing contracts for the sale of goods or services to the Village held by a Userfound to be in Significant Noncompliance with Pretreatment Standards or Requirements may be terminated at thediscretion of the Coordinator.

SECTION 14: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

51.1401 UPSET

A. For the purposes of this section, "Upset" means an exceptional incident in which there is unintentionaland temporary Noncompliance with Categorical Pretreatment Standards because of factors beyond thereasonable control of the User. An Upset does not include Noncompliance to the extent caused byoperational error, improperly designed treatment facilities, inadequate treatment facilities, lack ofpreventive maintenance, or careless or improper operation.

B. An Upset shall constitute an affirmative defense to an action brought for Noncompliance with CategoricalPretreatment Standards if the requirements of paragraph (C), below, are met.

C. A User who wishes to establish the affirmative defense of Upset shall demonstrate, through properlysigned, contemporaneous operating logs, or other relevant evidence that:

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1. An Upset occurred and the User can identify the cause(s) of the Upset;

2. The facility was at the time being operated in a prudent and workman-like manner and in compliancewith applicable operation and maintenance procedures; and

3. The User has submitted the following information to the Pretreatment Coordinator within twenty-four (24) hours of becoming aware of the Upset (if this information is provided orally, a written reportmust be provided within five (5) work days):

a. A description of the indirect Discharge and cause of Noncompliance;

b. The period of Noncompliance, including exact dates and times or, if not corrected, theanticipated time the Noncompliance is expected to continue; and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of theNoncompliance.

D. In any enforcement proceeding, the User seeking to establish the occurrence of an Upset shall have theburden of proof.

E. Users will have the opportunity for a judicial determination on any claim of Upset only in an enforcementaction is brought for Noncompliance with Categorical Pretreatment Standards.

F. Users shall control production of all Discharges to the extent necessary to maintain compliance withCategorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until thefacility is restored or an alternative method of treatment is provided. This requirement applies in thesituation where, among other things, the primary source of power of the treatment facility is reduced,lost, or fails.

51.1402 PROHIBITED DISCHARGE STANDARDS

A User shall have an affirmative defense to an enforcement action brought against it for Noncompliance with thegeneral prohibitions in Section 3 of this Ordinance if it can prove that it did not know, or have reason to know, thatits Discharge, alone or in conjunction with Discharges from other sources, would cause Pass Through orInterference or that either:

A. A Local Limit exists for each Pollutant Discharged and the User was in compliance with each Limit directlyprior to, and during, the Pass Through or Interference; or

B. No Local Limit exists, but the Discharge did not change substantially in nature or constituents from theUser’s prior Discharge when the Village was regularly in compliance with its NPDES permit, and in the caseof Interference, was in compliance with applicable Biosolids use or disposal requirements.

51.1403 BYPASS

A. For the purposes of this section,

1. "Bypass" means the intentional diversion of waste streams from any portion of a User's treatmentfacility.

2. "Severe property damage" means substantial physical damage to property, damage to the treatmentfacilities which causes them to become inoperable, or substantial and permanent loss of natural

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resources which can reasonably be expected to occur in the absence of a Bypass. Severe propertydamage does not mean economic loss caused by delays in production.

B. A User may allow any Bypass to occur which does not cause Pretreatment Standards or Requirements tobe violated, but only if it also is for essential maintenance to assure efficient operation. These Bypassesare not subject to the provision of Subsections C and D of this section.

C. Bypass Notifications

1. Anticipated: If a User knows in advance of the need for a Bypass, it shall submit prior notice to theCoordinator, at least ten (10) work days before the date of the Bypass, if possible.

2. Unanticipated: A User shall submit oral notice to the Coordinator of an unanticipated Bypass thatexceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomesaware of the Bypass. A written submission shall also be provided within five (5) work days of the timethe User becomes aware of the Bypass. The written submission shall contain a description of theBypass and its cause; the duration of the Bypass, including exact dates and times, and, if the Bypasshas not been corrected, the anticipated time it is expected to continue; and steps taken or planned toreduce, eliminate, and prevent reoccurrence of the Bypass. The Coordinator may waive the writtenreport on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

D. Village Actions

1. Bypass is prohibited, and the Coordinator may take an enforcement action against a User for aBypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the Bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes, or maintenance during normal periods of equipment downtime.This condition is not satisfied if adequate back-up equipment should have been installed in theexercise of reasonable engineering judgment to prevent a Bypass which occurred during normalperiods of equipment downtime or preventive maintenance; and

c. The User submitted notices as required under part (C) of this section.

2. The Coordinator may approve an anticipated Bypass, after considering its adverse effects, if theCoordinator determines that it will meet the three conditions listed in paragraph (D)(1) of thissection.

SECTION 15: MISCELLANEOUS FEES

51.1501 PRETREATMENT CHARGES AND FEES [RESERVED]

SECTION 16: MISCELLANEOUS PROVISIONS

51.1601 SEVERABILITY

If any provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisionsshall not be effected and shall continue in full force and effect.

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51.1602 CONFLICT

All other Village Ordinances, codes, rules, and regulations and parts of thereof inconsistent or conflicting with anypart of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.

51.1603 OFFENSES UNDER PREVIOUS ORDINANCES

This Ordinance shall not be construed or held to repeal a former Ordinance, whether such former Ordinance isexpressly repealed or not, as to any offense committed against such former Ordinance or as to any act done, anypenalty, forfeiture, or punishment so incurred, or any right accrued or claim arising under the former Ordinance, orin any way whatever to affect such offense or act so committed or so done, or any penalty, forfeiture, orpunishment so incurred or any right accrued or claim arising before the new Ordinance takes effect, save only thatproceedings thereafter shall conform to the Ordinance in force at the time of such proceeding, so far aspracticable. Nothing contained in this Ordinance shall be construed as abating any action now pending.

51.1604 EFFECTIVE DATE

This Ordinance shall be in full force and effect immediately following its passage, approval, and publication, asprovided by law.

51.30 3 national categorical pretreatment standards …

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