[R.O. 2011 §715.250; Ord. No. 91-43 §5.1, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Pretreatment permits shall include such conditions as are reasonably
deemed necessary by the Superintendent to prevent pass through or
interference, protect the quality of the water body receiving the
POTW's effluent, protect worker health and safety, facilitate
POTW sludge management and disposal, protect ambient air quality,
and protect against damage to the POTW collection system or plant.
Permits may contain, but need not be limited to, the following:
1.
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization.
2.
Limits on the instantaneous, average and/or maximum concentration,
mass, or other measure or identified wastewater constituents or properties.
3.
Requirements for the installation of pretreatment technology
or construction of appropriate containment devices, etc., designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works.
4.
Development and implementation of Best Management Practices (BMPs), such as spill control plans or special conditions including additional management practices, necessary to adequately prevent accidental, unanticipated, or routine discharges. BMP documentation must be retained with records as described in Section 715.490, pursuant to Federal regulation 40 CFR 403.12(o).
5.
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW.
6.
Requirements for installation and maintenance of inspection
and sampling facilities.
7.
Specifications for monitoring program which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
8.
Compliance schedules.
9.
Requirements for submission of technical reports of discharge
reports.
10.
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Superintendent and affording
the Superintendent, or his/her representatives access thereto.
11.
Requirements for notification of any new introduction of wastewater
constituents or any substantial change in the volume or character
of the wastewater being introduced into the POTW.
12.
Requirements for notification of any change in the manufacturing
and/or pretreatment process used by the permittee.
13.
Requirements for the notification of excessive, accidental,
or slug discharges.
14.
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this Chapter, and State and Federal laws,
rule, and regulations.
15.
A statement that compliance with the permit does not relieve
the permittee of responsibility for compliance with all applicable
Federal pretreatment standards, including those which become effective
during the term of the permit.
16.
A statement of applicable civil, criminal, and administrative
penalties for violation of discharge or effluent standards and requirements.
[R.O. 2011 §715.260; Ord. No. 91-43 §5.2, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
To protect the POTW from possible hazardous or problem-causing discharge
from waste haulers the following shall apply:
1.
Waste haulers will be restricted to domestic waste unless the
source of hauled waste has a pretreatment permit.
2.
The Control Authority has the right to refuse any hauled waste
load.
3.
Hauled discharges must meet all applicable Federal, State, and
local pretreatment standards and requirements including categorical
standards developed for the waste generator's industrial category.
4.
Waste haulers may only discharge loads at specific locations
as designated by the Control Authority.
5.
The Control Authority may collect samples of each load, to ensure
compliance with applicable pretreatment standards.
6.
No load may be discharged without prior consent of the Control
Authority.
7.
The Control Authority may require the hauler to provide a waste
analysis of any load prior to discharge.
8.
Waste haulers must use a manifest system.
[R.O. 2011 §715.270; Ord. No. 91-43 §5.3, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
Permits shall be issued for a specified time period, not to
exceed five (5) years. A permit may be issued for a period less than
five (5) years, at the discretion of the Superintendent.
[R.O. 2011 §715.280; Ord. No. 91-43 §5.4, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The Superintendent will publish, in an official government publication
and/or daily newspaper(s), notice of intent to issue a pretreatment
permit, at least fourteen (14) days prior to issuance. The notice
will indicate a location where the draft permit may be reviewed and
an address where written comments may be submitted.
[R.O. 2011 §715.290; Ord. No. 91-43 §5.5, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
The Superintendent will provide all interested persons with notice
of final permit decisions. Upon notice by the Superintendent, any
person, including the industrial user, may petition to appeal the
terms of the permit within thirty (30) days of the notice.
1.
Failure to submit a timely petition for review shall be deemed
to be a waiver of the appeal.
2.
In its petition, the appealing party must indicate the permit
provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to be placed in the permit.
3.
The effectiveness of the permit shall not be stayed pending
a reconsideration by the Board. If, after considering the petition
and any arguments put forth by the Superintendent, the Board determines
that reconsideration is proper, it shall demand the permit back to
the Superintendent for reissuance. Those permit provisions being reconsidered
by the Superintendent shall be stayed pending reissuance.
4.
A Board decision not to reconsider a final permit shall be considered
final administrative action for purposes of judicial review.
5.
Aggrieved parties seeking judicial review of the final Control
Authority action must do so by filing a complaint with the Circuit
Court for Grundy County within the State statute of limitations.
[R.O. 2011 §715.300; Ord. No. 91-43 §5.6, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
The Superintendent may modify the permit for good cause, including,
but not limited to, the following:
1.
To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements.
2.
Material of substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were not
considered in drafting the effective permit.
3.
A change in any condition in either the industrial user or the
POTW that requires either a temporary or permanent reduction or elimination
of the authorized discharge.
4.
Information indicating that the permitted discharge poses a
threat to the Control Authority's collection and treatment systems,
POTW personnel or the receiving waters.
5.
Violation of any terms or conditions of the permit.
6.
Misrepresentation or failure to disclose fully all relevant
facts in the permit application or in any required reporting.
7.
Revision of or a grant of variance from such categorical standards
pursuant to 40 CFR 403.13.
8.
To correct typographical or other errors in the permit.
9.
To reflect transfer of the facility ownership and/or operation
to a new owner/operator.
10.
Upon request of the permittee, provided such request does not
create a violation of any applicable requirements, standards, laws,
or rules and regulations.
B.
The filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or a notification of planned
changes or anticipated non-compliance, does not stay any permit condition.
[R.O. 2011 §715.310; Ord. No. 91-43 §5.7, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit voidable on the date of facility transfer.
[R.O. 2011 §715.320; Ord. No. 91-43 §5.8, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Pretreatment permits may be terminated for the following reasons:
1.
Falsifying self-monitoring reports.
2.
Tampering with monitoring equipment.
3.
Refusing to allow timely access to the facility premises and
records.
4.
Failure to meet effluent limitations.
5.
Failure to pay fines.
6.
Failure to pay sewer charges.
7.
Failure to meet compliance schedules.
8.
Failure to notify the POTW of significant changes to the wastewater
prior to the changed discharge.
9.
Failure to provide prior notification to the Superintendent of changed condition pursuant to Section 715.400.
10.
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application.
11.
Failure to complete a wastewater survey or the wastewater discharge
permit application.
12.
Failure to provide advance notice of the transfer of a permitted
facility.
13.
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or the ordinance.
B.
Wastewater discharge permits shall be voidable upon non-use, cessation
of operations, or transfer of business ownership. All wastewater discharge
permits are void upon the issuance of a new wastewater discharge permit.
[R.O. 2011 §715.330; Ord. No. 91-43 §5.9, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
The user shall apply for permit reissuance by submitting a complete
permit application a minimum of ninety (90) days prior to the expiration
of the user's existing permit.
[R.O. 2011 §715.340; Ord. No. 91-43 §5.10, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
An expired permit will continue to be effective and enforceable until
the permit is reissued if:
1.
The industrial user has submitted a complete permit application
at least ninety (90) days prior to the expiration date of the user's
existing permit.
2.
The failure to reissue the permit, prior to expiration of the
previous permit, is not due to any act or failure to act on the part
of the industrial user.
[R.O. 2011 §715.350; Ord. No. 91-43 §5.11, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]
A.
Nothing in this Chapter shall be construed as preventing any special
agreement or arrangement between the POTW and any user whereby wastewater
of unusual strength or character is accepted into the POTW and specially
treated and subject to any payments or user charges, as may be applicable.
However, no discharge which violates pretreatment standards will be
allowed under the terms of such special agreements. If, in the opinion
of the Superintendent, the wastewater may have the potential to cause
or result in any of the following circumstances, no such special agreement
will be made:
