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
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
A.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 60 days' advance notice
to the Superintendent, or his/her designee, and the Superintendent,
or his/her designee, approves the wastewater discharge permit transfer.
The notice to the Superintendent, or his/her designee, must include
a written certification by the new owner or operator which:
B.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
A.
The Superintendent, or his/her designee, may revoke a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
(1)
Failure to notify the Superintendent, or his/her designee, of significant
changes to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Superintendent, or his/her designee, of changed conditions pursuant to § 435-34 of this chapter;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Superintendent, or his/her designee, timely
access to the facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this chapter.
B.
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
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.
A.
If another municipality, or user located within another municipality,
whose collection system is not owned, operated and maintained by the
City of Crystal Lake and the Mayor and City Council authorizes acceptance
of wastewater from another municipality to the POTW, the City of Crystal
Lake shall enter into an intermunicipal agreement with the contributing
municipality. Connection to the City of Crystal Lake owned, operated
and maintained collection system requires each user to comply with
all terms of this chapter. If such a situation occurs in the future,
then the contributing municipality must submit such other information
as the Superintendent may deem necessary. This may include an agreement
requiring that the contributing municipality either regulate the dischargers
within its jurisdiction directly or allow the municipality (in which
the POTW is located) to regulate such dischargers.
B.
Prior to entering into an agreement required by Subsection A, above, the City of Crystal Lake shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in § 435-8 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits;
(2)
A requirement for the contributing municipality to submit a revised
nondomestic user inventory on at least an annual basis;
(3)
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by the City of Crystal
Lake; and which of these activities will be conducted jointly by the
contributing municipality and the City of Crystal Lake;
(4)
A requirement for the contributing municipality to provide the City
of Crystal Lake with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(5)
Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
(6)
Requirements for monitoring the contributing municipality's discharge;
(7)
A provision ensuring the Superintendent, or his/her designee, access
to the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the Superintendent, or his/her
designee; and
(8)
A provision specifying remedies available for breach of the terms
of the intermunicipal agreement.
