A wastewater discharge permit shall be issued for a specified
time period, not to exceed five years from the effective date of the
permit. A wastewater discharge permit may be issued for a period less
than five years, at the discretion of the Superintendent, or his/her
designee. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Superintendent, or his/her
designee, to prevent pass-through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit duration,
which in no event shall exceed five years;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with §
435-26 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Self-monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law;
(4) Effluent limits, including best management practices, based on applicable
pretreatment standards;
(5) A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law;
(6) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with §
435-33D;
(7) Requirements to control slug discharge, if determined by the City
to be necessary; and
(8) Any grant of the monitoring waiver by the City (§
435-33D) must be included as a condition in the user's permit (or other control mechanism).
B. 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 for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works. Note: If the installation of pretreatment technology
is implemented to meet discharge limits, it is mandatory to provide
a schedule for such installation as documented in 40 CFR 403.8(f)(1)(iv);
(3) Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(6) Requirements for the installation and maintenance of inspection and
sampling facilities and equipment, including flow measurement devices;
(7) A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(8) Other conditions as deemed appropriate by the Superintendent, or
his/her designee, to ensure compliance with this chapter, and state
and federal laws, rules, and regulations.
The City of Crystal Lake shall provide public notice of the
issuance of a wastewater discharge permit. Any person, including the
user, may petition the City of Crystal Lake to reconsider the terms
of a wastewater discharge permit within 30 days of notice of its issuance.
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 this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D. If the City of Crystal Lake fails to act within 30 days, a request
for reconsideration shall be deemed to be denied. Decisions not to
reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
E. Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Court of McHenry County, State of Illinois, within 35 days
of the date of the final administrative wastewater discharge permit
decision. Such proceeding shall be in accordance with the applicable
statutes for judicial review of administrative decisions, or declaratory
judgment, whichever applies.
The Superintendent, or his/her designee, may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
A. To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
B. To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat
to the City's POTW, City personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge
permit;
F. Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
G. Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge
permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator. Note: Modification for this purpose may not be allowed unless the permit is transferable as provided in §
435-26.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with §
435-19 of this chapter, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.