2012-03-05 - Ordinance 2012-007 - ESTABLISHING REQUIREMENTS FOR INDUSTRIAL WASTE DISCHARGES FROM THE ST. MARY'S CHURCH PROPERTY2/23/2012
ORDINANCE NO. 2012 — 07
AN ORDINANCE ESTABLISHING REQUIREMENTS
FOR INDUSTRIAL WASTE DISCHARGES FROM THE
ST. MARY'S CHURCH PROPERTY
WHEREAS, the Village of Buffalo Grove, the Metropolitan Water Reclamation District of Greater
Chicago and the Catholic Bishop of Chicago are parties to an extraterritorial Sanitary Sewer Agreement,
dated June 17, 1974 and amended October 3, 2002 ( "Agreement "); and
WHEREAS, the purpose of this Ordinance is to more expressly delineate responsible parties
under said Agreement, and to be in conformance with the requirements established by the United States
Environmental Protection Agency.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1: The Metropolitan Water Reclamation District of Greater Chicago ( "MWRD ")
Sewage and Waste Control Ordinance ( "SWCO "), effective November 18, 2010, as the
same may be amended from time to time, is hereby adopted and incorporated by
reference by the Village of Buffalo Grove, as authority for administration and enforcement
of the industrial waste pretreatment program within areas of the Village of Buffalo Grove
that are subject to the agreement for sewerage services between the MWRD and the
Village of Buffalo Grove and amendments thereto.
The requirements of the SWCO are applicable to all industrial waste discharges within
the service areas of the Village of Buffalo Grove in addition to all local Ordinances
relating to industrial waste discharges to the Village's sewerage system. Where
provisions of the SWCO are in conflict with provisions of any local ordinances, the more
stringent provisions will apply.
Section 2: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law. This Ordinance shall not be codified.
AYES: 6 — Berman Trilling Sussman Terson Stein Ottenheimer
NAYES: 0 — None
ABSENT: 0 — None
PASSED March 5 12012
APPROVED: ,March 5 12012
PUBLISHED: ,March 6. 2012
ATTEST:
Village C
Ord12 -3
SECOND AMENDMENT TO THE AGREEMENT BE PWr N T'.
TILE METROPOLITAN WATER RFC1.A h4A T1nk rnr c-rnrl—T nr d"i)vA Tarn
OP
OF CHICAGO DATED JUNE I7 1974 '
I IIIS SECOND AMENDMENT TO A SEWER SERVICE AGREEMENT, made and
entered into this 9th day of April A.D., 2012, at Chicago, Illinois, by and between the
VILLAGE. OF BUFFALO GROVE, a municipal corporation, organized and existing under the
laws of the State of Illinois, hereinafter designated "VILLAGE," the METROPOLITAN
1VATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal
corporation, organized and existing under the laws of the State of Illinois, hereinafter designated
"DISTRICT," and THE CATHOLIC BISHOP OF CHICAGO, a corporation sole, hereinafter
designated 'BISHOP:"
WITNE.SSETH THAT:
WHEREAS, the DISTRICT, the VILLAGE and the BISHOP have heretofore entered
into an "Agreement' dated June 17, 1974, to provide sewage transport, treatment and ultimate
disposal to an area outside the corporate limits of the DISTRICT (the "Service Area ") pursuant
to statute. Said Agreement shall hereinafter be referred to as the "Sewer Scrvice Agreement" or
"Agreement;" and
WHEREAS, the DISTRICT, the VILLAGE and the BISHOP have heretofore entered
into an amendment to the Sewer Service Agreement dated October 3, 2002, entitled
"Amendment to the Agreement Between the Metropolitan Water Reclamation District of Grcatcr
Chicago, the Village of Buffalo Grove and the Catholic Bishop of Chicago Dated .tune 17,
1974," the purpose of which was to include an additional adjacent area to the Service Area: and
WHEREAS, from September 28, 2009 to October 1, 2009, the United States
Environmental Protection Agency ( "USEPA ") conducted a pretreatment compliance audit o' the
DISTRICT, and thereafter on October 10, 2010, transmitted to the District a Pretreatment
Compliance Audit Final Summary Report ( "Audit Report "); and
WHEREAS, as is more fully set forth in the Audit Report, USEPA requires that all multi-
jurisdictional sewer service agreements to which the DISTRICT is a party to clearly set forth and
identify the party that is responsible under the sewer service agreement for certain pretreatment
program responsibilities and obligations; and
WHEREAS, the parties hereto agree that the most expeditious and effective manner to
comply with USEPA requirements is to amend the Sewer Service Agreement.
NOW. THEREFORE in consideration of the promises, mutual covenants and agreements
herein contained, it is agreed by and between the parties as follows:
1. All terms and conditions of the DISTRICT's ordinances relevant to the Sewer
Service Agreement and amendments thereto, and in particular the DISTRICT'S
Sewage and Waste Control Ordinance ( "SWCO ") as amended and all applicable
pretreatment program requirements as set forth in 40 CFR 403 et seq. that are
applicable within the corporate limits of the DISTRICT, shall be equally
applicable and in force in the Service Area of the VILLAGE. A copy of the
Sewage and Waste Control Ordinance is attached as Exhibit I.
2. The DISTRICT has the responsibility hereunder and is hereby authorized by the
VILLAGE and BISHOP, as Permittce and Co- pcnnittce, respectively, to
implement and enforce all pretreatment program requirements in the Service Area
as set forth in the SWCO. The VILLAGE shall enact a local sewage and waste
1)
control ordinance or all necessary revisions to an existing sewage and «ante
control ordinance that is /are no less stringent and as broad in scope as the SWCO
of the DISTRICT. The VILLAGE will forward to the DISTRICT for review a
draft of its proposed sewage and waste control ordinance or revisions to its
existing ordinance within thirty (30) days of the date of this Agreement. 1'he
VILLAGE shall adopt its sewage and waste control ordinance or revisions to its
existing ordinance within sixty (60) days of receiving approval from the
DISTRICT of same, and shall forward a copy of said duly adopted sewage and
waste control ordinance and/or revisions thereto to the DISTRICT within twenty -
one (2 1 ) days of adoption.
3. The DISTRICT will perform duties necessary to implement and enforce the
SWCO in the Service Area. Such duties include but are not limited to issuing
Discharge Authorizations to Significant Industrial Users that may be located
within the Service Area (see SWCO, Appendix D, Section 4); conducting all
inspections, sampling and analysis required under the SWCO; and, issuing
enforcement actions and performing all necessary enforcement activities with
respect to users that may be located within the Service Area. The DISTRICT will
make every effort to provide reasonable notice to the VILLAGE and BISHOP of
impending inspections of a user to allow the VILLAGE and BISHOP an
opportunity to attend should they elect to do so. The VILLAGE and BISHOP
agree to cooperate with the DISTRICT and facilitate the DIS'rjzlcT's
performance of the aforestated responsibilities and activities.
3
4. The District has the responsibility and obligation to identify and locate within the
Service Area new dischargers that may bL� subject to the pretreatment program. As
of the date of execution of this amendment herein there are no known industrial
users subject to federal pretreatment regulations located within the Service Area.
The VILLAGE agrees to provide to the DISTRICT reasonable access to all
records or documents relevant to the DISTRICT's identification and location of
any new users. The VILLAGE will provide notification to the DISTRICT of new
or planned commercial or industrial facilities in the Service Area that are
potentially subject to the pretreatment program within thirty (30) days of
acquiring knowledge of same.
S. The DISTRICT will provide notification to the VILLAGE of all future revisions
to the SWCO. The DISTRICT will forward to the VILLAGE a copy of each such
revision upon enactment. The VILLAGE shall timely adopt a corresponding
revision to its local sewage and waste control ordinance that is at least as stringent
as the revision(s) adopted by the DISTRICT, and the VILLAGE will forward to
the DISTRICT a copy of all such duly adopted future revisions within thirty (30)
days of their enactment.
6. All terms and conditions of the June 17, 1974 Sewer Service Agreement and all
amendments thereto not specifically modified herein shall remain in full force and
effect.
SIGN.4 TORY P ,-IGE FOLLOGES
4
SIGNATORY PAGE
IN WITNESS WHEREOF, the VILLAGE OF BUFFALO GROVE, the
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, and
THE CATHOLIC BISHOP OF CHICAGO, parties hereto, have each caused these presents to be
executed in triplicate, by their duly authorized officers to be duly attested and their seals to be
hereunto affixed.
ATTEST:
By:
Clerk
Date:
VILLAGE OF BUFFALO GROVE
By:
Date:
TILE CA
By. I ES By'—
� �/rzE
Date: �� �t� Date:
President
BISHOP OF CHICAGO
t /a, /rz
wREcTOQ nop FiNAf'JCE
APPROVED FOR THE VILLAGE OF BUFFALO GROVE
AS TO ENGINEERING:
Village Engineer
AS TO FORM AND LEGALITY:
Village Attorney
5a
Date:
Date:
SIGNATORY PAGE
IN WITNESS WHEREOF, the VILLAGE OF BUFFALO GROVE, the
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, and
THE CATHOLIC BISHOP OF CHICAGO, parties hereto, have each caused these presents to be
executed in triplicate, by their duly authorized officers to be duly attested and their seals to be
hereunto affixed.
ATTEST:
By: (2 � yy-i,
c�
Clerk
Date:���
Clerk
Date:
VILLAGE OF
ALO GROVE
L
THE CATHOLIC BISHOP OF CHICAGO
By:
Date:
Vicar General
APPROVED FOR THE VILLAGE OF BUFFALO GROVE
AS TO ENGINEERING:
Date:
Village Engineer
AS TO FORM AND LEGALITY:
Village Attorney
5b
Date: V 6 ) -2X ( -'�—
CONTIA"UED ON NETT PAGE
1TTEST: METROPOLITAN WATER RECLAMATION
DISTRIC,ipF GREATER CHICAGO
By: RV:
Clerk
Date: Date:
ian; Committee on Finance of the
of Commissioners
APPROVED FOR THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO
AS TO ENGINEERING:
Aa,o� h"1101
Engineer of Local Sewers Assist a i ector cY gineering
T
Direc or of Engrnecring
AS TO MONITORING AND RESEARCH:
Assistant Director of Monitoring
and Research
AS TO FORM AND LEGALITY:
I Iead Assistant Attor y
APPROVED.
Executive Director
7
L
Director of Monitoring and Research
General Counsel
Date: -
EXHIBIT 1
METROPOLITAN WATER RECLAMATION DISTRICT
OF
GREATER CHICAGO
�ER RECLq
d
®GREATER C0
Sewage and Waste Control Ordinance
As Amended
November 18, 2010
METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
100 East Erie Street
Chicago, Illinois 60611
(312) 751 -5600
BOARD OF COMMISSIONERS
Hon. Terrence J. O'Brien, President
Hon. Kathleen Therese Meany, Vice President
Hon. Gloria Alitto Majewski, Chairman of Finance
Hon. Frank Avila ................................................................ Hon. Patricia Horton
Hon. Barbara J. McGowan .. ......................... .........Hon. Cynthia M. Santos
Hon. Debra Shore .................... ...........................Hon. Mariyana Spyropoulos
OFFICERS
Richard Lanyon, Executive Director
Harold G. Downs, Treasurer
Alan Cook, Acting General Counsel
Denice Korcal, Director of Human Resources
Manju Sharma, Chief of Maintenance & Operations
Louis Kollias, Director of Monitoring and Research
Darlene A. LoCascio, Director of Procurement and Materials Management
Keith D. Smith, Director of Information Technology
Kenneth Kits, Director of Engineering
Jacqueline Torres, Director of Finance /Clerk
Board of Commissioners and Officers listed as of the date of printing — November 201 0
AN ORDINANCE
AN ORDINANCE TO PROVIDE FOR THE ABATEMENT
AND PREVENTION OF POLLUTION BY REGULATING AND
CONTROLLING THE QUANTITY AND QUALITY OF SE-
WAGE AND INDUSTRIAL WASTE ADMITTED TO OR DIS-
CHARGED INTO THE SEWERAGE SYSTEMS AND WA-
TERS UNDER THE JURISDICTION OF THE METROPOLI-
TAN WATER RECLAMATION DISTRICT OF GREATER
CHICAGO, HEREINAFTER TO BE KNOWN AS "THE SE-
WAGE AND WASTE CONTROL ORDINANCE" ADOPTED
BY THE BOARD OF TRUSTEES OF THE METROPOLITAN
SANITARY DISTRICT OF GREATER CHICAGO ON SEP-
TEMBER 18, 1969; AND AS AMENDED TO AND INCLUD-
ING FEBRUARY 24, 1972; OCTOBER 2, 1975; JANUARY
19,1978; OCTOBER 12,1978; NOVEMBER 6, 1980; APRIL
21, 1983; SEPTEMBER 6, 1984; SEPTEMBER 5, 1985; JU-
LY 30, 1987; JANUARY 21, 1988; MARCH 10, 1988; JULY
7, 1988; SEPTEMBER 7, 1989; DECEMBER 6, 1990; SEP-
TEMBER 5, 1991; SEPTEMBER 24, 1992; JANUARY 28,
1993; MARCH 24,1994; DECEMBER 22,1994; NOVEMBER
21, 1996; JULY 9, 1998; JULY 13, 2000; JUNE 21, 2001;
SEPTEMBER 20, 2001; NOVEMBER 1, 2001; OCTOBER 3,
2002; NOVEMBER 4, 2004; NOVEMBER 3, 2005; MAY 4,
2006; NOVEMBER 16, 2006; NOVEMBER 1, 2007; NO-
VEMBER 19, 2009 AND NOVEMBER 18, 2010.
BE IT ORDAINED by the Board of Commission-
ers of the Metropolitan Water Reclamation District of
Greater Chicago: That the Sewage and Waste Con-
trol Ordinance originally passed by the Board of
Trustees of The Metropolitan Sanitary District of
Greater Chicago on September 18, 1969, and as
amended, is herewith and now comprehensively
amended to read as follows:
ARTICLE 1
Purpose
This Ordinance, promulgated by the Metropolitan
Water Reclamation District of Greater Chicago, he-
reinafter called the "District," pursuant to the authori-
ty vested in it by the Illinois legislature, has as its
purpose the protection of the public health and safe-
ty by abating and preventing pollution through the
regulation and control of the quantity and quality of
sewage, industrial wastes, and other wastes admit-
ted to or discharged into the sewerage systems, se-
wage treatment facilities, and waters under the juris-
diction of the District.
ARTICLE II
Definitions and Abbreviations
The meaning of the terms used in this Ordinance
shall be as follows:
"Administrator" shall mean the Administrator of
the United States Environmental Protection Agency.
"Applicable pretreatment standard" means any
criteria, limitation or prohibition upon the discharge
of any pollutant into a publicly owned treatment
works.
"Approval Authority" shall mean the Regional
Administrator of the United States Environmental
Protection Agency or the Illinois Environmental Pro-
tection Agency, if so designated by the Regional
Administrator.
"Authorized representative" means an owner or
corporate officer of the industrial user authorized to
legally bind the user in any and all negotiations and
agreements.
"Baseline monitoring report" or "BMR" shall mean
a form supplied by the District for reporting by an
industrial user on the nature of the industrial user's
operations and discharge of pollutants to the water
reclamation facilities of the District.
"Board of Commissioners" or "Board" means the
Board of Commissioners of the Metropolitan Water
Reclamation District of Greater Chicago.
"Categorical pretreatment standards" or "CPS"
means any effluent limitation or standard applicable
to an industrial category promulgated by the USE-
PA_
"Code of Federal Regulations" or "CFR" shall
mean the codification of the general and permanent
rules published in the Federal Register by the ex-
ecutive departments and agencies of the United
States Government.
"Combined waste stream formula" shall mean the
formulae contained in 40 CFR 403.6(e) for calculat-
ing alternative concentration limits or alternative
mass limits for determining compliance with categor-
ical pretreatment standards.
"Composite sample" means a representative mix-
ture of a minimum three grab sample aliquots ob-
tained over a period of time.
"Control authority" shall mean the Metropolitan
Water Reclamation District of Greater Chicago upon
said designation by the Regional Administrator.
"Control manhole" or "sampling chamber" means
a device or structure suitable and appropriate to
permit sampling and flow measurement of a waste-
water stream to determine compliance with this Or-
dinance.
"Deficient" means materially lacking information
sufficient to determine compliance with applicable
standards or requirements, or lacking required au-
thorized representative, Registered Professional
Engineer or notary certifications.
"Discharge Authorization" or "DA" means the
document issued by the District to a significant in-
dustrial user granting permission to discharge
process wastewater into the sewerage system of the
District.
"Discharge Authorization Request" or "DAR"
means the document submitted by a significant in-
dustrial user, on forms supplied by the District, re-
questing permission to discharge process wastewa-
ter into the sewerage system of the District.
"Executive Director" means the Executive Direc-
tor of the Metropolitan Water Reclamation District of
Greater Chicago.
"Existing source" shall mean any point source
whose operations commenced prior to the date of
proposal by the USEPA of any applicable categori-
cal pretreatment standard in the Federal Register.
"Federal Register' shall mean the publication of
the executive departments of the United States
Government.
"Flow" means the volumetric measure per unit of
time of wastewater, water, industrial waste or other
flow.
Fundamentally different factors" shall mean fac-
tors pertaining to the nature of an industrial user's
operations which are fundamentally different from
the factors considered by the USEPA in develop-
ment of an applicable categorical pretreatment stan-
dard,
"Garbage" means solid wastes from the prepara-
tion, cooking and dispensing of food, and from the
handling, storage or sale of meat, fish, fowl, fruit, or
vegetables and condemned food.
"General pretreatment standards" or "GPS"
means the standards contained in Appendix B of this
Ordinance which are applicable to all discharges into
sewerage systems tributary to water reclamation
facilities.
"Grab sample" means a single aliquot sample.
"Hazardous waste" means any industrial waste,
production residue, sewage or sludge which is clas-
sified as a hazardous waste pursuant to 40 CFR
261.
"Illinois Environmental Protection Agency" or "IE-
PA" means the Environmental Protection Agency of
the state of Illinois.
"Illinois Pollution Control Board" or "IPCB" means
the Pollution Control Board of the state of Illinois.
"Incompatible pollutant" shall mean a pollutant or
waste characteristic which causes, or has the poten-
tial to cause, interference with the operation of a wa-
ter reclamation facility or which is not amenable to
treatment by a water reclamation facility and passes
through such a water reclamation facility and is con-
tained in the discharged final effluent.
"Industrial user" or "IU" means a person who
conducts any industrial, manufacturing, agricultural,
trade or business process or who conducts the de-
velopment, recovery or processing of natural re-
sources.
"Industrial waste" means all solid, liquid or ga-
seous waste resulting from any commercial, indus-
trial, manufacturing, agricultural, trade or business
operation or process or from the development, re-
covery or processing of natural resources.
"Intake water adjustment" shall mean the adjust-
ment of a categorical pretreatment standard to re-
flect the presence of a pollutant in a user's intake
water.
"Interference" means a discharge which alone or
in conjunction with a discharge or discharges from
other sources inhibits or disrupts the normal opera-
tion of any treatment processes, including sludge
processes, use or disposal, which causes a violation
of any requirement of a NPDES permit or other per-
mit issued to the District by the IEPA or the USEPA.
2
"National Pollutant Discharge Elimination Sys-
tem" or "NPDES" means the permit and regulation
system governing direct discharges into navigable
waters administered by the IEPA and USEPA.
"New source" shall mean any industrial point
source of pollutants for which the construction or
installation of process facilities or the housing for
containing process facilities commenced on or after
the date of proposal of regulations in the Federal
Register of any applicable categorical pretreatment
standard for pollutants which applies to said source.
"Ordinance" means the Sewage and Waste Con-
trol Ordinance of the Metropolitan Water Reclama-
tion District of Greater Chicago and any rules, regu-
lations and orders adopted by the Board pertaining
thereto.
"Other wastes" means all decayed wood, saw-
dust, shavings, bark, lime, refuse, ashes, garbage,
offal, oil, tar, chemicals, and all other substances
except sewage and industrial wastes.
"Pass- through" means a discharge which exits
the District's water reclamation facilities into waters
in quantities, or concentrations which, alone or in
conjunction with a discharge or discharges from oth-
er sources, causes a violation of any requirement of
a NPDES permit or other permit issued to the District
by the IEPA or the USEPA.
"Person" means any individual, partnership, co-
partnership, firm, company, corporation, association,
joint venture, joint stock company, sole proprietor-
ship, trust, estate, co- partnership, unit of govern-
ment, school district, or private corporation orga-
nized or existing under the laws of the state of Illi-
nois or any other state or country.
"Pollution" means the discharge of a substance,
set forth in Appendices A, B, and C hereto, to any
waters, sewer, or other facility under the jurisdiction
of the District, in excess of those quantities or
strengths permitted by said Appendices A, B, and C
hereto or in a manner contrary to that set forth here-
in. The discharge of any material or substance he-
reunder in quantities or strengths greater than those
permitted under Appendices A, B, and C hereto or
contrary to the manner set forth in this Ordinance
shall constitute prima facie "pollution" and no further
proof of detriment or harm shall be required by the
District in any and all enforcement activities underta-
ken pursuant to the Ordinance.
"Pretreatment" means any method, construction,
device, arrangement or appliance appurtenant there-
to, installed for the purpose of treating, neutralizing,
stabilizing, disinfecting, or disposing of sewage, in-
dustrial waste or other wastes prior to the discharge
of such sewage, industrial waste or other wastes
into the sewerage system under the jurisdiction of
the District, or for the recovery of by- products from
such sewage, industrial waste or other wastes.
'Process wastewater" means any water which,
during manufacturing or processing, comes into di-
rect contact with or results from the production or
use of any raw material, intermediate product, fi-
nished product, by- product or waste product.
'Production residue" means any liquid, solid, or
gas which is residual source material, waste product
or production by- product capable of being disposed
in the sewerage system under the jurisdiction of the
District.
"Registered Professional Engineer" or "P.E."
means a professional engineer licensed by the Illi-
nois Department of Financial and Professional
Regulation to practice that profession.
"Sewage" means water- carried human wastes or
a combination of water - carried wastes from resi-
dences, business, buildings, institutions and indus-
trial establishments, together with any ground, sur-
face, storm or other waters that may be present.
"Sewerage system" means sewers, intercepting
sewers, pipes or conduits, pumping stations, force
mains, constructed drainage ditches, surface water
intercepting ditches, and all other constructions, de-
vices and appliances appurtenant thereto used for
collecting or conducting sewage, industrial waste or
other wastes to a point of treatment or ultimate dis-
posal.
"Significant industrial user" or "SIU" means any
person who: (i) is subject to categorical pretreatment
standards, or (ii) discharges greater than 25,000
gallons per day of process wastewater to the sewe-
rage system, excluding water - carried human wastes
from sanitary conveniences such as toilets, wash
bowls, bathtubs, showers and residential laundries,
noncontact cooling water, boiler blowdown water,
and uncontaminated storm water, or (iii) discharges
process wastewater in excess of five percent or
more of the average dry weather hydraulic or organ-
ic capacity of the receiving water reclamation facili-
ties, or (iv) is designated by the District as having a
reasonable potential for adversely affecting the op-
erations of the water reclamation facilities or for vi-
olating any standard or requirement of this Ordin-
ance. Upon finding that an IU meeting the above
criteria has no reasonable potential for adversely
affecting the operations of the District's water recla-
mation facilities or for violating any pretreatment
standards or requirements, the District may at any
time, on its own initiative or in response to a petition
from an IU, determine that such IU is not an SIU.
"Significant violator" means any person who is so
designated by the District in accordance with the
criteria contained in Appendix E of this Ordinance.
3
"Sludge' means liquid and precipitated or sus-
pended solid material therein contained, generated
from the treatment of water, sewage, industrial
waste or other wastes.
"Slug Discharge" means any discharge of a non -
routine, episodic nature, including but not limited to
an accidental spill or non - customary batch dis-
charge, with any pollutant released at a flow rate
and /or concentration which has a reasonable poten-
tial to cause interference, pass- through, or violation
of the criteria or applicable discharge standards of
this Ordinance.
"Standard Methods" means the most recent edi-
tion of Standard Methods for the Examination of Wa-
ter and Wastewater, published by the American
Public Health Association.
"United States Environmental Protection Agency"
or "USEPA" means the Environmental Protection
Agency of the United States Government and its
designated agents.
"Water reclamation facilities" means any method,
construction, device, arrangement or appliance ap-
purtenant thereto, installed for the purpose of treat-
ing, neutralizing, stabilizing, disinfecting, or dispos-
ing of sewage, industrial wastes or other wastes, or
for the recovery of by- products from such sewage,
industrial waste or other wastes.
"Waters" means all accumulations of water, sur-
face and underground, natural or artificial, public or
private or parts thereof, which are wholly or partially
under the jurisdiction of the District or which flow
through the territory of the District.
ARTICLE III
Prohibited Wastes
Section 1. Unlawful Discharges
It shall be unlawful for any person to discharge
sewage, industrial wastes, or other wastes of any
kind into any waters of the state of Illinois under the
jurisdiction of the District, in the absence of a current
and valid National Pollutant Discharge Elimination
System Permit issued by the Illinois Environmental
Protection Agency, or into any sewerage system
under the jurisdiction of the District, which does not
conform to the criteria or effluent quality standards
established and /or adopted by the District, as set
forth in Appendices A, B, and C hereto of this Ordin-
ance.
In addition to the prohibitions indicated in the
above paragraph, it shall be unlawful for any signifi-
cant industrial user, as defined herein, to cause or
allow the discharge of process wastewater into the
sewerage system under the jurisdiction of the District
in violation of the terms and conditions contained in
a Discharge Authorization issued to said person
pursuant to the provisions of Appendix D of this Or-
dinance.
Section 2. Waterway Discharge Standards
Effluent quality standards and criteria for dis-
charges into and pollution of waters of the state of
Illinois in the absence of a current and valid National
Pollutant Discharge Elimination System Permit is-
sued by the Illinois Environmental Protection Agen-
cy, enacted by the Illinois Pollution Control Board
and adopted by the Board of Commissioners of the
District, are contained in Appendix A of this Ordin-
ance.
Section 3. General Pretreatment Standards
(" GPS ")
General pretreatment standards and criteria for
discharges into and pollution of sewerage systems
tributary to water reclamation facilities of the District,
enacted by the Board of Commissioners of the Dis-
trict, are contained in Appendix B of this Ordinance.
Section 4. Categorical Pretreatment Standards
("CPS")
Categorical pretreatment standards for dis-
charges into and pollution of sewerage systems tri-
butary to publicly owned treatment works, promul-
gated by the United States Environmental Protection
Agency, are adopted by the Board of Commission-
ers for discharges to sewers under the jurisdiction of
the District. Where there is a conflict in the applica-
tion of general pretreatment standards contained in
Appendix B and categorical pretreatment standards
listed in Appendix C, the more stringent standard
shall apply.
Section 5. New or Increased Pollutant or Flow
Any person wishing to introduce new or in-
creased flow volume, new or increased concentra-
tions or mass loadings of pollutants, or change the
point of entry of a discharge into the sewerage sys-
tem, any of which does not conform to the provisions
of this Ordinance or a Discharge Authorization is-
sued to said person by the District, shall submit a
request for such change, in writing, to the District at
least 30 days prior to the commencement of the de-
sired change. The date of commencement of the
desired change shall in no case be earlier than 30
days following receipt of the request by the District.
The District shall respond within 30 days of the date
of receipt of the request with approval or denial. No
such change in discharge conditions shall take place
until the District has granted written approval of the
desired change. If the District does not respond
within 30 days with a denial or a request for addi-
tional information clarifying the request for changes,
then the request shall be deemed approved.
4
Persons subject to the terms of a Discharge Au-
thorization issued by the District under Appendix D
of this Ordinance, for which the requested change in
discharge conditions constitutes a deviation from
any conditions established in the Discharge Authori-
zation issued to said person, shall not commence
the desired change until the District has issued a
revised or renewed Discharge Authorization.
Any person whose request for change of dis-
charge conditions has been denied by the District,
may request a review of the District's determination.
Such request must be made in writing to the Director
of Monitoring and Research. The request for review
must clearly state the reason(s) why such person
believes that the District's denial of the requested
discharge change should be reviewed.
The Director of Monitoring and Research will in-
form the Executive Director of all requests for re-
view. The Executive Director shall order that a hear-
ing be held for each request for review. The review
hearing shall comply with the hearing procedures of
Article VI, Section 3 of this Ordinance and shall be
limited in scope to the issues raised in the person's
initial request for change of discharge conditions.
The final administrative decision on each review will
be made by the Board after it receives a report with
recommendations from the Review Hearing Officer.
During the pendency of any review requested
pursuant to this Section, the person requesting a
change of discharge conditions is expressly prohi-
bited from implementing, causing or allowing the
proposed change in discharge conditions.
Any pollution control equipment necessary to
achieve compliance with the District's standards, as
specified in Appendices A, B, and C hereof, must be
installed prior to commencement of such change in
discharge conditions.
Section 6. Dilution Prohibition
No person shall increase the use of process wa-
ter or, in any way, dilute or attempt to dilute a dis-
charge as a partial or complete substitute for ade-
quate treatment to achieve compliance with the cri-
teria or effluent quality standards set forth in this Or-
dinance.
Section 7. Dangerous or Threatening Dis-
charge
Notwithstanding any other remedies which the
District may have by statute, common law or this
Ordinance, when, in the determination of the Execu-
tive Director, any person's discharge presents an
imminent danger to the public health, welfare or
safety, presents or may present an endangerment to
the environment, or which threatens to interfere with
the operation of the sewerage system or a water
reclamation facility under the jurisdiction of the Dis-
trict, the District, acting through the Executive Direc-
tor, shall apply to the Circuit Court of Cook County
for injunctive relief to cease and desist the danger-
ous or threatening discharge.
Section 8. Uncontrolled or Unregulated
Wastes
Each person subject to the terms and conditions
of this Ordinance must install and maintain, at its
own expense, pretreatment facilities adequate to
prevent a violation of the pollutant concentration lim-
its, discharge prohibitions or performance criteria of
this Ordinance.
No person shall reintroduce into the sewer sys-
tem of the District materials which have been re-
moved from the sewer system by catch basins,
grease traps, and other pretreatment devices. Phys-
ical, chemical or biological agents shall not be intro-
duced into catch basins, grease traps or other pre-
treatment devices for the purposes of resuspending,
dissolving, emulsifying or rendering soluble any pol-
lutants or other materials removed from a waste -
stream by such pretreatment devices and reintroduc-
ing these materials into the sewer system.
All new industrial users and existing industrial us-
ers wishing to introduce new or increased pollutant
flows or changes in the nature or concentration of
pollutants discharged to the sewerage system must
provide all pretreatment facilities required pursuant
to this Ordinance prior to the commencement of dis-
charge.
Section 9. Certification of Wastewater Pre-
treatment System Operator
No person shall cause or allow the operation of
any pretreatment facilities discharging process
wastewater into the sewerage system of the District
unless the operation of such pretreatment facilities is
under the direct and active field supervision of a
person who has been certified by the IEPA as being
competent to operate the particular type or size of
pretreatment facilities being used or operated.
ARTICLE IV
Monitoring Methods and Facilities
Section 1. Compliance Determination
In order to determine whether or not the sewage,
industrial waste or other wastes discharged by any
person into any waters or sewerage system con-
forms to the criteria or water quality standards of the
District, the District may use any accepted engineer-
ing or scientific practice, method or device which will
lead to such a determination. When practicable, all
measurements, tests, and analyses of the waters,
sewage, and wastes of any kind shall be conducted
in accordance with USEPA approved methods or, in
5
the absence thereof, the latest edition of Standard
Methods.
Section 2. Control Manhole /Sampling Cham-
ber — Installation and Access Re-
quirements
Each person subject to the terms of this Ordin-
ance who is a significant industrial user shall install
and maintain, at its own expense, a control manhole
or sampling chamber for each separate discharge
conveying process wastewater from its facility to the
sewerage system. Each such control manhole or
sampling chamber shall have ample room to allow
the District to perform inspections, sampling, and
flow measurement operations.
Each such control manhole shall be located out-
side of any buildings or enclosed spaces and as
near to the facility site boundary as practical; shall
not be obstructed by temporary or permanent con-
struction, manufacturing operations or activities,
landscaping, parked vehicles or any other activities
of the person, and shall be safely and directly ac-
cessible to representatives of the District at all times,
without restriction of any kind.
Persons subject to this Ordinance who are not
significant industrial users, as defined herein, may
also be required to install control manholes or sam-
pling chambers in conformance with the provisions
of this section, upon the direction of the District's
Executive Director.
Persons subject to this requirement of the Ordin-
ance, who represent that this requirement cannot be
reasonably complied with, may set forth said repre-
sentations in writing to the Executive Director and be
given an opportunity to be heard regarding said re-
presentations. The Executive Director shall make a
determination, in writing to the person, granting
leave from this requirement upon proof that com-
pliance cannot be reasonably obtained, or dismiss-
ing said representations as unfounded.
Any person whose request for exemption from
the requirements of this section has been denied by
the District, may request a review of the District's
determination by the Board. Such request must be
made in writing, to the Director of Monitoring and
Research and must be received by the District within
30 days of the date of notification that the request for
exemption has been denied. The request for review
must clearly state the reason(s) why such person
believes that the District's denial of the requested
exemption should be reviewed.
The Director of Monitoring and Research will in-
form the Executive Director of all requests for re-
view. The Executive Director shall order that a hear-
ing be held for each request for review. The review
hearing shall comply with the hearing procedures of
Article VI, Section 3 of this Ordinance and shall be
limited in scope to the issues raised in the person's
initial request for exemption from this section. The
final administrative decision on each review will be
made by the Board after it receives a report with
recommendations from the Review Hearing Officer.
If a building or enclosed space contains more
than one industrial user, then each significant indus-
trial user therein, shall install and maintain, at its
own expense, a control manhole or sampling cham-
ber for each discharge from its facility, which shall
comply with all of the requirements set forth herein.
All process wastewater flows from the facility shall,
at all times, pass through a control manhole installed
in conformance with this Ordinance and no process
wastewater flows shall be discharged without pass-
ing through a control manhole or sampling chamber
acceptable to the District. Each such control man-
hole or sampling chamber shall be accessible to rep-
resentatives of the District at all times, without re-
strictions of any kind.
Persons who are required to construct a control
manhole or sampling chamber to comply with this
section shall submit a proposal to, and receive ap-
proval from, the District prior to undertaking con-
struction of said control manhole or sampling cham-
ber. The proposal submitted shall be certified by a
Registered Professional Engineer licensed by the
state of Illinois.
Section 3. Right of Access
Representatives of the District may, during rea-
sonable hours, enter upon the premises of each
person subject to this Ordinance for the purposes of
installing, maintaining and inspecting measurement
or sampling devices or facilities, for conducting ne-
cessary measuring, gauging and sampling opera-
tions; for inspecting or examining facilities, premises,
installations and processes; for inspection and copy-
ing of records; and for reviewing pretreatment oper-
ating procedures and spill prevention and control
plans of such person to determine compliance with
this Ordinance or an order of the Board of Commis-
sioners adopted pursuant hereto.
For the purpose of this section, reasonable hours
are any time when the industrial user is operating
any process or equipment, or any time when the
facility is discharging industrial waste to the sewe-
rage system of the District.
Areas subject to inspection are limited to those
areas with drains or other connections to the sewe-
rage system in which processes, equipment, and
operations which result in industrial waste dis-
charges are located, and storage areas containing
any raw material, industrial waste, production resi-
due or sludge. The scope of an inspection, including
reviewing and copying of records, is limited to de-
termining whether the industrial user is in com-
pliance with all applicable standards and require-
ments of this Ordinance.
District personnel, when accessing the premises
of a person, will observe and comply with all posted
safety and health rules and practices applicable at
the premises of the person.
Section 4. Monitoring for Public Hazards
Whenever the Executive Director determines that
a public safety hazard exists due to the threat of re-
lease of pollutants regulated under Appendix B, Sec-
tion 2(a), 2(b), or 2(e) of this Ordinance, in the dis-
charge from an industrial user to the sewerage sys-
tem under the jurisdiction of the District, the Execu-
tive Director shall require the industrial user to install
and maintain suitable devices to detect the presence
of the hazardous materials in the discharge and to
notify the District immediately, through a reputable,
independent alarm service company acceptable to
the District, in the event of such hazardous dis-
charge.
Any monitoring device installed pursuant to this
section shall be calibrated at least once per week,
and the alarm notification system shall be tested at
least monthly. Each person required to install and
maintain a monitoring device under this section shall
maintain a record of the calibration and testing re-
quired under this paragraph; and make such records
available to District personnel for inspection.
Section 5. Control Manhole / Sampling Cham-
ber -- Access Requirements
This section deleted, effective July 9, 1998.
Section 6. Requirement for Installation of Flow
Measurement Devices for Persons
Subject to Categorical Pretreatment
Standards
Each person subject to this Ordinance who is a
significant industrial user subject to categorical pre-
treatment standards shall provide and maintain, at
no cost to the District, adequate regulated waste -
stream flow measurement devices to determine
compliance with federal categorical pretreatment
standards, including, where applicable, to determine
compliance with the Combined Wastestream Formu-
la, which devices shall be accessible to the District
at the time of conducting an inspection of the indus-
trial facility and /or pretreatment device. Alternatives
to direct metering shall be acceptable where applica-
tion of the Combined Wastestream Formula is ne-
cessary or where the categorical pretreatment stan-
dards are based on production. The means by
which such metering or alternative means shall be
accomplished shall be submitted in writing in ad-
vance by the person to the District for approval.
Section 7. Interfering with District Monitoring
Activities
It shall be illegal for any person to tamper with,
adjust, relocate, remove or damage any monitoring
devices installed by the District. Any such activity
will be considered a knowing and willful violation of
this Ordinance, the applicable statutes of the State
of Illinois and applicable federal pretreatment regula-
tions.
The Executive Director may refer such violation
to the Office of State's Attorney or the Office of the
United States Attorney, for such action as they deem
appropriate.
ARTICLE V
Reporting Requirements
Section 1. VolatilelHazardous Materials
All persons who, at any time, use, consume, pro-
duce or store on their business premises, any vola-
tile /hazardous materials as defined herein, shall an-
nually certify, in writing, to the District, the type and
estimated quantities of these materials on forms
supplied by the District. The annual certified report
is to be signed by an authorized representative of
the entity on whose behalf the report is being made.
Where a significant change in the type or quantity of
materials used, consumed, produced or stored on
the business premises occurs after an annual report
has been filed, a new report must be filed imme-
diately.
Volatile /hazardous materials are those identified
as wastes under the Resource Conservation and
Recovery Act and defined by the USEPA at 40 CFR
261 or those pollutants under the Clean Water Act
identified as priority pollutants and defined by the
USEPA at 40 CFR 403 Appendix B, published in
Final Rule at 46 FR 9458, January 28, 1981.
Section 2. Reporting of Production Resi-
due or Sludge
This section deleted, effective July 9, 1998.
Section 3. Facility Categorization
When so directed by the District, each industrial
user shall complete and submit to the District a facili-
ty classification questionnaire, on forms supplied by
the District. The questionnaire shall be submitted to
the District within 30 days of such industrial user's
receipt of the form.
Section 4. Spill Containment Requirements
Each industrial user notified of applicability of this
section based on said user's use or storage of
flammable, volatile, explosive or corrosive materials,
or has the potential for a slug discharge, shall pro-
vide protection from accidental discharge to the se-
7
werage system of prohibited materials or other sub-
stances regulated by this Ordinance. Facilities to
prevent such discharge shall be provided and main-
tained at the user's own cost and expense. Addi-
tionally, each such industrial user must have de-
tailed plans on file at the District showing facilities
and operating procedures to provide this protection.
Plans shall contain all elements required under
40 CFR 403.8(f)(2)(vi) and shall be approved by the
District prior to construction of new facilities. Plans
and facilities previously approved by the District shall
be re- evaluated by the District at least once every
two years and must be modified by the industrial
user upon a determination by the Director of Moni-
toring and Research that modifications are neces-
sary. Plans shall be certified by a Registered Pro-
fessional Engineer licensed by the state of Illinois.
Each industrial user shall immediately notify the
District of any changes at its facility affecting the ap-
proved plan or the potential for a slug discharge.
Section 5. Reports on Discharges to Surface
Waters and to the Sewerage Sys-
tem
Persons operating sewage treatment facilities
discharging effluents to waters or operating pre-
treatment facilities discharging to the sewerage sys-
tem under the jurisdiction of the District shall submit
operating reports and laboratory analyses of dis-
charges as directed by the Executive Director, at
intervals specified by the Executive Director. The
reports shall cover all activities of the industrial user
from the close of the previous reporting period and
must be received at the District not later than 30 ca-
lendar days after the end of the reporting period.
Notwithstanding any other non - monetary reme-
dies which the District may have by statute, common
law or this Ordinance, any person failing to submit a
report or submitting a deficient report to the District,
as required hereunder, within the filing period estab-
lished by the District for such report, shall be as-
sessed a late filing fee, as set forth under Article V,
Section 10 of this Ordinance.
Section 6. Reporting on Discharges of Ha-
zardous Wastes to the Sewerage
System
Each person subject to the provisions of this Or-
dinance shall report to the District, on forms supplied
by the District, the discharge of hazardous wastes,
as defined herein, into the sewerage systems under
the jurisdiction of the District. Such reporting shall
conform with all applicable terms and conditions of
40 CFR 403.12(p).
Copies of reports filed with the District pursuant
to this section shall also be filed with the United
States Environmental Protection Agency and the
Illinois Environmental Protection Agency, pursuant
to 40 CFR 403 12(p),
Section 7. Maintenance of Records
Each person subject to any of the reporting re-
quirements of this Ordinance shall maintain copies
of reports and records as required in 40 CFR
403.12(o) resulting from any monitoring activities
required by this Ordinance for a minimum of three
years and shall make such records available for in-
spection and/or copying by the District or its repre-
sentatives. The period of retention shall be ex-
tended during the course of any unresolved litigation
regarding the person or the District, or at the request
of the USEPA, the [EPA or the District. All records
pertaining to an incident of noncompliance and the
person's actions taken to return to compliance shall
be retained for a minimum of three years following
the return to compliance resulting from a Cease and
Desist Order, Show Cause Board Order or Court
Order.
Section 8. Self- Reporting a Violation
Each person subject to this Ordinance must re-
port all violations identified as a result of self -
monitoring to the District by telephone, during nor-
mal business hours, to the Industrial Waste Division,
Enforcement Section (312) 751 -3044 within 24
hours of the time the person becomes aware of such
violations. For purposes of this reporting require-
ment, the person will be considered aware of such
violations as of the date of the approval and release
of the laboratory analyses indicating the violation.
Said person must also submit the results of three
days of repeat analyses to the Director of the Dis-
trict's Monitoring and Research Department within
30 days after becoming aware of the violation to-
gether with a complete report on all steps taken to
resolve the violation.
Section 9. Submittal of All Self- Monitoring
Data
Each person subject to this Ordinance must
submit all self- monitoring discharge analytical data
to the Director of the District's Monitoring and Re-
search Department, regardless of whether or not the
data so obtained is in addition to the District's mini-
mum reporting requirements. Each significant indus-
trial user who monitors any pollutant more frequently
than the District's minimum reporting requirements
must submit all self- monitoring discharge analytical
data with the Continued Compliance Report which
covers the reporting period during which the moni-
toring was performed, in accordance with Appendix
C, Article I, Section 4 of this Ordinance.
Section 10. Late Filing of Reports
Persons required to submit reports by the terms
of this Ordinance, including but not limited to Article
T
V, Reporting Requirements; Appendix C, Article I,
Reporting Requirements Applicable to Significant
Industrial Users and any order of the Executive Di-
rector issued pursuant to the terms of this Ordin-
ance, shall submit the required reports by the speci-
fied due date. Persons not submitting the reports by
the specified due dates shall be subject to late filing
fees as follows,
a. Persons submitting reports up to 15 calendar
days following the specified due date shall be
assessed 100,00 for each delinquent report.
b. Persons submitting reports more than 15 ca-
lendar days and up to 45 calendar days fol-
lowing the specified due date shall be as-
sessed 500.00 for each delinquent report.
c. Persons submitting reports more than 45 ca-
lendar days following the specified due date
shall be assessed 1,000.00 for each delin-
quent report.
A person may submit required reports following
the specified due date together with the late filing fee
as specified above. The payment must be in the
form of a cashier's check drawn on a United States
bank, made payable to the Clerk of the District.
The District shall provide, by Certified Mail, a writ-
ten notice of the fee assessment which states that
the person has 30 days after the receipt of the notice
to request a conference with the Monitoring and Re-
search designee to discuss or dispute the appro-
priateness of the assessed fee. Unless a person
objects to paying the fee for filing a report late by
timely requesting, in writing to the Director of Moni-
toring and Research within 30 days of receipt of the
late filing fee notice, a conference with a designee of
the Executive Director, that person waives his or her
right to a conference and the District may impose a
lien recorded against the property of the person for
the amount of the unpaid fee.
If a person requests a conference and the matter
is not resolved at the conference, the person subject
to the fee may request an administrative hearing
before an impartial hearing officer appointed by the
Board under the provisions of Article VI, Section 3 of
this Ordinance, to determine the person's liability for
and the amount of the fee.
If the hearing officer finds that the late filing fee is
owed to the District, the District shall notify the re-
sponsible person or persons of the hearing officer's
decision. If payment is not made within 30 days af-
ter the notice, the District may impose a lien on the
property of the person or persons.
Any liens filed under this section shall apply only
to the property to which the late filing fee is related.
A claim for lien shall be filed in the Office of the Re-
corder of the county in which the property is located.
The filing of a claim for lien by the District does not
prevent the District from pursuing other means for
collecting a late filing fee. If a claim for lien is filed.
the District shall notify the person whose property is
subject to the lien.
Section 11. Failure to Report is a Violation
Whenever a person subject to this Ordinance
fails to comply with any of the reporting requirements
of this Ordinance or with details regarding reporting
requirements as directed by the Executive Director,
such failure shall be a violation of the Ordinance. If
it is necessary for the District to perform inspections
and /or sampling of the person's facility, or prepare a
report on behalf of the person, the District shall re-
cover the costs of such activity from the person in
the same manner as debts are recoverable at law.
Section 12. Reporting of Batch and /or Intermit-
tent Discharges
Upon written notification from the District of appli-
cability of this paragraph, each person subject to this
Ordinance who discharges industrial waste on a
batch and /or intermittent basis shall notify the Dis-
trict's Field Surveillance Section, by telephone at
(708) 588 -4030, between 7.00 a.m. and 3:30 p.m_
on normal business days, at least 48 hours prior to
each batch or infrequent discharge. The telephone
notification shall be used by the District to facilitate
inspection and sampling of the person to coincide
with periods during which the batch and/or intermit-
tent discharge may occur. No process wastewater
may be discharged into the sanitary sewerage sys-
tem on a batch basis except in conformance with the
batch discharge telephone notification procedure.
For the purpose of this section, a batch discharge
is defined as a discharge of industrial waste which
does not occur continuously during all working shifts
of the person. An intermittent discharge is defined
as a discharge of industrial waste which originates
from an industrial process or activity which is not
performed by the person during all working shifts of
the person.
Section 13. Submittal of Facility Closure Sche-
dule
Each significant industrial user and each industri-
al user notified of applicability of this section based
on said user's use or storage of flammable, volatile,
explosive or corrosive materials, who determines
that an industrial facility owned or operated by said
person shall cease its operations, shall notify the
Director of Monitoring and Research of intent to
cease such operations, not less than 30 days prior
to the cessation of operations. Such person shall
also submit to the District, at that time, a facility clo-
sure schedule, which shall identify the dates upon
which the person anticipates completion of the lawful
9
removal or disposal of all raw materials, production
residues and sludges which contain pollutants regu-
lated under Appendix B or Appendix C of this Ordin-
ance, from the industrial facility and, where applica-
ble, the names of disposal contractors to be used.
The District may provide such information as may be
submitted under this Section, to the United States
Environmental Protection Agency, the Illinois Envi-
ronmental Protection Agency, or any unit of local
government having jurisdiction over the industrial
facility.
If such person has submitted a facility closure
plan to a federal or state agency and has received
approval of such plan from said agency, the person
may submit a copy of such facility closure plan to the
District in lieu of developing a new facility closure
schedule, provided the submitted plan adequately
addresses the issues identified in the preceding pa-
ragraph.
Section 14. Notification Requirements Regard-
ing a Planned Bypass or Shutdown
of Pretreatment Facilities
In the event of a planned shutdown or bypass of
pretreatment facilities installed and operated to
maintain compliance with the provisions of this Or-
dinance or a Discharge Authorization issued to a
significant industrial user, such user shall notify the
Director of the District's Monitoring and Research
Department, in writing, at least ten days prior to the
beginning of the shutdown or bypass.
Section 15. Notification Requirements Regard-
ing Spills, Malfunctions, Bypasses,
and Slug Loadings
Each significant industrial user and each industri-
al user notified of applicability of this section based
on said user's use or storage of flammable, volatile,
explosive or corrosive materials, shall immediately
notify the District, by telephone, in the event of any
of the following occurrences:
a) a mechanical malfunction of any portion of
such person's industrial waste pretreatment
system, except in cases where (i) no waste-
water is discharged to the sewerage system,
(ii) in the best professional judgment of the
person's certified wastewater pretreatment
system operator, the wastewater discharge
flow rate or quality is not affected or remains
within the normal operating characteristics of
the wastewater pretreatment system, or (iii) if
the malfunction itself precludes the discharge
of wastewater,
b) an accidental or deliberate discharge without
adequate pretreatment of any chemical,
product, production residue or other waste in-
to the sewerage system;
c) an accidental or deliberate discharge which
results in a violation of the criteria or applica-
ble discharge standards of this Ordinance, or
d) a slug discharge.
Such notification shall be made within one hour of
the person's becoming aware of the incident, by tel-
ephone, to the Monitoring and Research Depart-
ment, Industrial Waste Division (312) 751 -3044 dur-
ing normal business hours or to the Systems Dis-
patcher (312) 787 -3575 at all other times. Said noti-
fication shall be confirmed in writing and received by
the District within five calendar days explaining the
incident and outlining corrective measures to pre-
vent a recurrence.
ARTICLE VI
Administrative Proceedings
Section 1. Cease and Desist Orders
Whenever the Executive Director determines that
sewage, industrial wastes, or other wastes are be-
ing, have been, or may reasonably be expected to
be discharged into any waters or the sewerage sys-
tem under the jurisdiction of the District, which are
not in compliance with the provisions of this Ordin-
ance, or that any person has otherwise acted con-
trary to the provisions of this Ordinance or to a Dis-
charge Authorization issued to such person under
this Ordinance, the Executive Director or his desig-
nee shall order such person to cease and desist
such action. The Cease and Desist Order may be
sent via Certified Mail, Return Receipt Requested, or
may be served personally by a representative of the
District at the site, on the owner, officer, registered
agent or individual designated by permit, or operator
of the offending person. The Executive Director or
his designee may convene a conciliation meeting
with the person so ordered to cease and desist for
the purpose of establishing a compliance and report-
ing schedule for the person to come into compliance
with the Ordinance or provisions of the Discharge
Authorization.
Section 2. Compliance Reports
During conciliation proceedings, any person may
be required to furnish the District with compliance
schedules, interim and final compliance reports,
sampling and analysis, and such other information
as is reasonably necessary to demonstrate com-
pliance with the applicable discharge standards of
this Ordinance. All such reports, data, and informa-
tion shall be executed by an authorized representa-
tive of the person and certified as to accuracy and
completeness by a Registered Professional Engi-
neer licensed by the state of Illinois. Interim reports
shall be required only when the person fails to
achieve compliance within 90 days of the receipt of
10
a Cease and Desist Order and shall be submitted no
more frequently than once per month.
Compliance Schedules (RD -112) required under
this section must be received at the District not later
than 15 calendar days after the person's receipt of a
Cease and Desist Order issued by the District.
Final Compliance Reports (RD -114) required un-
der this section must be received at the District not
later than 15 calendar days after the final com-
pliance date specified in the RD -112 for a given
Cease and Desist Order. Persons submitting RD-
114 forms for a Cease and Desist Order pertaining
to effluent discharge violations may limit sampling
analyses to only the noncomplying pollutants indi-
cated in the Cease and Desist Order.
Representative samples must be obtained at
each control manholelsampiing chamber identified in
the Cease and Desist Order. Samples must be tak-
en for a minimum of three days within a two -week
period for the monitoring of a wastestream with a
flow less than 200,000 gallons per day. Where the
long -term average flow of a wastestream exceeds
200,000 gallons per day, the user shall take samples
for six days within a two -week period. Sample col-
lection shall conform to the requirements of 40 CFR
403.12(g) and all analyses shall be performed in
accordance with test procedures established by the
United States Environmental Protection Agency in
40 CFR 136.
Notwithstanding any other non- monetary reme-
dies which the District may have by statute, common
law or this Ordinance, any person failing to submit a
report or submitting a deficient report to the District,
as required hereunder, within the filing period estab-
lished by the District for such report, shall be as-
sessed a late filing fee, as set forth under Article V,
Section 10 of this Ordinance.
Section 3. Proceedings for Show Cause /
Board Order Compliance
If any person fails or refuses to achieve com-
pliance with this Ordinance within 90 days after noti-
fication of a Cease and Desist Order issued pur-
suant to this Ordinance, the Executive Director may
order such person to show cause before the Board
of Commissioners of the District or its designee why
they have failed or refused to comply with the Cease
and Desist Order. In making the determination to
order a person to Show Cause why they have failed
or refused to comply with the Cease and Desist Or-
der, the Executive Director shall, (i) with respect to
the discharge limits contained in Appendix B of this
Ordinance, place preponderant weight on monitoring
data based on composite samples representative of
the discharge of the person, unless the approved
analytical method does not allow analysis of compo-
site samples, and (ii) with respect to categorical pre-
treatment standards contained in Appendix C of this
Ordinance, place preponderant weight on monitoring
data based on sampling which conforms to sampling
requirements specified in the applicable categorical
pretreatment standards. A notice shall be served on
the offending party, specifying the time and place of
a hearing to be held by the Board of Commissioners
regarding their failure to achieve compliance.. and
directing the offending party to show cause before
the Board why an order should not be entered di-
recting the offending party to come into compliance.
The notice of the hearing shall be served personally
or by Registered or Certified Mail at least ten (10)
days before the hearing; service may be had on any
agent or officer of a corporation or municipality.
After the Board of Commissioners has reviewed
the evidence, it may issue an order to the party re-
sponsible for the violation, directing that within a
specified time period, the violation be discontinued,
and any other such orders as the Board may deem
necessary.
The Board shall establish procedures for assess-
ing fines and issuing orders as follows:
a. In making its orders and determinations, the
Board shall take into consideration all the
facts and circumstances bearing on the activ-
ities involved and the assessment of civil pe-
nalties as shown by the record produced at
the hearing.
b. The Board shall establish a panel of inde-
pendent hearing officers to conduct all hear-
ings on the issuance of orders and the as-
sessment of civil penalties under this Section.
The hearing officers shall be attorneys li-
censed to practice law in the State of Illinois.
c. The Board shall promulgate procedural rules
governing the proceedings, the issuance of
orders and the assessment of civil penalties.
d. All hearings shall be on the record; and tes-
timony taken must be under oath and record-
ed stenographically. Transcripts so recorded
must be made available to any member of
the public or any party to the hearing upon
payment of the usual charges for transcripts.
At the hearing, the hearing officer may issue,
in the name of the Board, notices of hearing
requesting the attendance and testimony of
witnesses and the production of evidence re-
levant to any matter involved in the hearing,
and may examine witnesses.
e. The hearing officer shall conduct a full and
impartial hearing on the record, with an op-
portunity for the presentation of evidence and
cross - examination of the witnesses. The
hearing officer may also recommend, as part
11
of the order of the Board, that the discharge
of industrial waste or other waste be discon-
tinued within a specified period of time. After
all evidence has been presented, the hearing
officer shall issue a Report based upon the
preponderance of evidence in the record,
which includes finding of fact, conclusions of
law, order, and, if violations are proven, rec-
ommended civil penalties. Civil penalties
shall be assessed at the level of 100.00 to
2,000.00 per day of violation. Each day's
continuation of such violation or failure to ab-
ide by the terms of this Ordinance is a sepa-
rate offense. A regulatory multiple day aver-
age that exceeds acceptable limits consti-
tutes a separate violation.
f. The Report shall be transmitted to the Board,
along with a complete record of the hearing.
g. The Board shall either approve or disapprove
the Report. If the Report is rejected, the
Board shall remand the matter to the hearing
officer for further proceedings. If the Report
is accepted by the Board, it shall constitute
the final order of the Board.
h. The Administrative Review Law of the State
of Illinois, and the rules adopted under such
law, shall govern all proceedings for judicial
review of final orders of the Board issued un-
der this Section.
i. The civil penalty specified by the Board shall
be paid within 35 days after the party on
whom it is imposed receives a written copy of
the order of the Board, unless the person or
persons to whom the order is issued seeks
judicial review of the order under Article VI,
Section 3, Paragraph h of this Ordinance.
j. If the respondent seeks judicial review of the
order assessing a civil penalty, the respon-
dent shall, within 20 days after the date of the
final order of the Board, pay the amount of
the civil penalty into an escrow account main-
tained by the District for that purpose or file a
bond guaranteeing payment of the civil pe-
nalty if the fines are upheld on review.
k. Civil penalties not paid by the times specified
above shall be delinquent and subject to a
lien recorded against the property of the per-
son ordered to pay the penalty The fore-
going provisions for asserting liens against
real estate by the District shall be in addition
to and not in derogation of any other remedy
or right of recovery, in law or equity, that the
District may have with respect to the collec-
tion or recovery of penalties and charges im-
posed by the District. Judgment in a civil ac-
tion brought by the District to recover or col-
lect the charges shall not operate as a re-
lease and waiver of the lien upon the real es-
tate for the amount of the judgment. Only sa-
tisfaction of the judgment or the filing of a re-
lease or satisfaction of lien shall release the
lien.
Section 4. Failure to Report is a Violation
Whenever a person subject to this Ordinance
fails to comply with any of the reporting requirements
of this Ordinance or with details regarding reporting
requirements as directed by the Executive Director,
such failure shall be a violation of the Ordinance. If
it is necessary for the District to perform inspections
and /or sampling of the person's facility, the District
may recover the costs of such activity from the per-
son in the same manner as debts are recoverable at
I aw.
Section 5. Penalties
The Board may also order the party responsible
for the violation, to pay a civil penalty in an amount
specified by the Board which is not less than
100.00 nor more than 2,000.00 per day for each
day on which such person was found in violation.
The Board may also order the party responsible for
the violation to pay court reporter costs and hearing
officer fees in a total amount not exceeding
3,000.00. Each day's continuance of such violation
or failure is a separate offense. Regulatory multiple
day averages which exceed acceptable limits shall
constitute separate violations.
Section 6. Order to Cease Discharge Upon
Violation of Board Order
The Executive Director may order a person to
cease the discharge of industrial waste upon a find-
ing by the Executive Director that the final order of
the Board, entered after a hearing to Show Cause,
has been violated. The Executive Director shall
serve the person with a copy of the order either by
Certified Mail or personally by serving the owner,
officer, registered agent or individual designated in
said person's Discharge Authorization. The order of
the Executive Director shall also schedule an expe-
dited hearing before a hearing officer designated by
the Board for the purpose of determining whether
the company has violated the final order of the
Board. The Board shall adopt rules of procedure
governing expedited hearings. In no event shall the
hearing be conducted less than seven days after
receipt by the person of the Executive Director's or-
der.
At the conclusion of the expedited hearing, the
hearing officer shall prepare a report with his or her
findings and recommendations and transmit it to the
Board. If the Board, after reviewing the findings and
recommendations, and the record produced at the
12
hearings, determines that the person has violated
the Board's final order, the Board may authorize the
plugging of the sewer. The Executive Director shall
give not less than 10 days written notice of the
Board's order to the owner, officer, registered agent,
or individual designated in said person's Discharge
Authorization, as well as the owner of record of the
real estate and other parties known to be affected,
that the sewer will be plugged. The Administrative
Review Law, and the rules adopted under that Law,
shall govern all proceedings for the judicial review of
final orders of the Board issued under this section.
The foregoing provision for plugging a sewer
shall be in addition to and not in derogation of any
other remedy, in law or in equity, that the District
may have to prevent violation of this Ordinance and
orders of the Board.
ARTICLE VII
Court Proceedings
Section 1. Violation of Order to be Considered
a Nuisance
A violation of an Order of the Board shall be con-
sidered a nuisance. If any person fails to comply
with any Order of the Board, the District, acting
through the Executive Director, may commence an
action or proceeding in the Circuit Court in and for
the county in which the District is located or operates
facilities for the purpose of having the violation
stopped either by mandamus or injunction, or to re-
medy the violation in any manner provided by law.
Section 2. Penalties
Whoever violates any provisions of this Ordin-
ance or fails to comply with an order of the Board of
Commissioners issued in accordance with the provi-
sions of this Ordinance, shall be assessed a civil
penalty of not less than 1,000.00 nor more than
10,000.00 for each day the violation continues. If,
however, the violation occurs before the entry of an
order by the Board, the civil penalty may be reduced
to not less than 100.00 nor more than 2,000.00
per day of violation. Each day's continuance of such
violation or failure is a separate offense. The penal-
ties provided in this Section, plus interest at the rate
set forth in the Interest Act on unpaid penalties im-
posed by the Board under Article VI, Section 3 of
this Ordinance, the reasonable costs to the District
of removal or other remedial action caused by dis-
charges in violation of the Metropolitan Water Rec-
lamation District Act or this Ordinance, reasonable
attorney's fees, court costs and other expenses of
litigation, together with costs for inspection, sam-
pling, analysis, and administration related to the en-
forcement action against the person, are recovera-
ble by the District in a civil action.
Section 3. Injunctive Relief
In addition to the penalties provided in the fore-
going Section, whenever a person violates any pro-
vision of this Ordinance or fails to comply with any
Order of the Board of Commissioners, the District,
acting through the Executive Director, may apply to
the Circuit Court of Cook County for the issuance of
an injunction restraining the person violating the Or-
dinance or failing to comply with the Board Order
from making any further discharges into the water-
ways or sewerage system of the District.
Notwithstanding any other remedies which the
District may have by statute, common law or this
Ordinance, when, in the determination of the Execu-
tive Director, any person's discharge presents an
imminent danger to the public health, welfare or
safety, presents or may present an endangerment to
the environment, or which threatens to interfere with
the operation of the sewerage system or a water
reclamation facility under the jurisdiction of the Dis-
trict, the District, acting through the Executive Direc-
tor, may apply to the Circuit Court of Cook County
for injunctive relief to cease and desist such dis-
charge, without first exhausting administrative pro-
cedures.
ARTICLE VIII
Savings Clause
Section 1. Integrity of Ordinance
If the provisions of any paragraph, section or ar-
ticle of this Ordinance are declared unconstitutional
or invalid by the final decision of any court of compe-
tent jurisdiction, the provisions of the remaining pa-
ragraph, sections or articles shall continue in full
force and effect.
Section 2. Previous Violations
Nothing in this Ordinance shall in any manner or
form affect the validity of any enforcement proceed-
ings instituted under the Sewage and Waste Control
Ordinance, in effect prior to the date of this amend-
ment. Enforcement proceedings shall be controlled
by the Sewage and Waste Control Ordinance, as
amended, in effect at the time of the commencement
of such enforcement activity.
13
ARTICLE IX
Effective Date
This comprehensive Amendment shall take effect
immediately upon passage by the Board of Com-
missioners.
Approved:
Terrence J. O'Brien
President
Board of Commissioners
Metropolitan Water Reclamation
District of Greater Chicago
Approved as to Form & Legality:
Alan Cook
Deputy General Counsel
Frederick M. Feldman
General Counsel
APPENDIX A
to the
SEWAGE AND WASTE CONTROL
ORDINANCE
DISCHARGES TO AND POLLUTION OF
WATERS
Section 1 General Provisions
a. Dilution
Dilution of the effluent from a treatment works or
from any wastewater source is not acceptable as a
method of treatment of wastes in order to meet the
standards set forth in this Appendix A. Rather, it
shall be the obligation of any person discharging
contaminants of any kind to the waters of the state
to provide the best degree of treatment of waste-
water consistent with technological feasibility, eco-
nomic reasonableness, and sound engineering
judgment. In making determinations as to what kind
treatment is the "best degree of treatment' within the
meaning of this paragraph, any person shall consid-
er the following:
(1) What degree of waste reduction can be
achieved by process change, improved
housekeeping, and recovery of individual
waste components for reuse; and
(2) Whether individual process wastewater
streams should be segregated or combined.
In any case, measurement of contaminant con-
centrations to determine compliance with the effluent
standards shall be made at the point immediately
following the final treatment process and before mix-
ture with other waters, unless another point is desig-
nated by the District. If necessary, the concentra-
tions so measured shall be recomputed to exclude
the effect of any dilution that is improper under this
Appendix A.
b. Background Concentrations
Because the effluent standards in this Appendix
A are based upon concentrations achievable with
conventional treatment technology that is largely
unaffected by ordinary levels of contaminants in in-
take water, they are absolute standards that must be
met without subtracting background concentrations.
However, it is not the intent of these regulations to
require users to clean up contamination caused es-
sentially by upstream sources or to require treatment
when only traces of contaminants are added to the
background.
14
Compliance with the numerical effluent standards is
therefore not required when effluent concentrations
in excess of the standards result entirely from influ-
ent contamination, evaporation, and/or the incidental
addition of traces of materials not utilized or pro-
duced in the activity that is the source of the waste.
c Sampling
Except as otherwise specifically provided in this
Appendix A, proof of violation of the numerical stan-
dards of this Appendix A shall be on the basis of one
or more of the following standards:
(1) No monthly average shall exceed the pre-
scribed numerical standard.
(2) No daily composite shall exceed two times
the prescribed numerical standard.
(3) No grab sample shall exceed five times the
prescribed numerical standard.
d. Terminology
Terms used under Section 1c shall have the fol-
lowing meanings:
(1) The monthly average shall be the numerical
average of all daily composites taken during
a calendar month. A monthly average must
be based on at least three daily composites.
(2) A daily composite shall be the numerical av-
erage of all grab samples, or the result of
analysis of a single sample formed by com-
bining all aliquots taken during a calendar
day. A daily composite must be based on at
least three grab samples or three aliquots
taken at different times.
(3) A grab sample is a sample taken at a single
time. Aliquots of a daily composite are grab
samples only if they are analyzed separate-
ly.
Section 2. Violation of Water Quality Stan-
dards
In addition to the other requirements of this Ap-
pendix A, no effluent shall, alone or in combination
with other sources, cause a violation of any state
water quality standard. When the District finds that a
discharge that would comply with effluent standards
contained in this Appendix A would cause or is caus-
ing a violation of state water quality standards, the
District shall take appropriate action to require the
discharge to meet whatever effluent limits are ne-
cessary to ensure compliance with the state water
quality standards. When such a violation is caused
by the cumulative effect of more than one source,
several sources may be joined in an enforcement
proceeding, and measures for necessary effluent
reductions will be determined on the basis of tech-
nological feasibility, economic reasonableness, and
fairness to all dischargers.
Section 3. Offensive and Threatening Dis-
charges
In addition to the other requirements of this Ap-
pendix A, no effluent shall contain untreated sewage
constituents, settleable solids, floating debris, visible
oil, grease, scum, or sludge solids, or liquids, solids
or gases which by reason of their nature or quantity
are sufficient to cause fire or explosion or be inju-
rious in any other way to the sewerage system, to
human life or to the environment. No effluent shall
have a closed cup flashpoint less than 140 degrees
Fahrenheit (60 degrees Centigrade) using the test
methods specified in 40 CFR 261.21. Color, odor,
and turbidity must be reduced to below obvious le-
vels.
Section 4. Deoxygenating Wastes
All effluents containing deoxygenating wastes
shall meet the following standards:
a. No effluent from any source discharging into
the Chicago River System or into the Calu-
met River System shall exceed 20 mg /L of
BOD or 25 mg /L of suspended solids.
b. No effluent from any source discharging into
the Des Plaines River System shall exceed
30 mg /L of BOD or 30 mg /L of suspended
solids.
C, No effluent whose dilution ratio is less than
five to one shall exceed 10 mg /L of BOD or
12 mg /L of suspended solids.
d. No effluent whose dilution ratio is less than
one to one shall exceed 4 mg /L of BOD or 5
mg /L of suspended solids.
Section 5. Bacteria
No effluent governed by this Appendix A shall ex-
ceed 400 fecal coliforms per 100 ml.
Section 6. Phosphorus
No effluent discharged to the Calumet River shall
contain more than 1 0 mg /L of phosphorus as P.
Section 7. Lake Michigan
There shall be no discharge of any sewage, in-
dustrial wastes or other wastes of any kind into the
waters of Lake Michigan unless the discharges are
subject to regulation under a current and valid Na-
tional Pollutant Discharge Elimination System Permit
15
issued by the Illinois Environmental Protection
Agency.
Section 8. Additional Contaminants
The following levels of contaminants shall not be
exceeded by any discharge of sewage, industrial
wastes or other wastes to waters under the jurisdic-
tion of the District.
Concentration
Waste or Chemical (mg /L)
Arsenic (total)•
-- - __ -- -0.25
Barium (total)_._. - -__-
2.0
Cadmium (total)...
0.15
Chromium (total hexavalent)' -------------------------
0.1
Chromium ( total)- - -- - - -- -- ---_ - --- ---------------------
1.o
Copper ( total) .......................................
......... .5
Cyanide.._-
.....- -- 0.10
Fats, oils and greases" .........................
. . .. .. .15.0
Fluoride (total)____________________ _ __ ________ - ___
_ ____15.0
Iron ( total) ......... ........... ---------------------------------
2.0
Lead ( total)--------- -- ----- ------- -- --
.......0.2
Manganese ( total)------------- -- ---- ........ - ............
1.0
Mercury (total) "`
0.0005
Nickel (total).. ...... ............. . .... ... .........
. .. .....1.0
Phenols--------------------------------------------------------
-0.1
0.3
5ilver .
Zinc ( total) ... -
-1 0
pH range (must be met at all times)_, ...........
6.0 - 9.0
' Discharge of hexavalent chromium shall be
subject to the averaging rule of Section 1c of
this Appendix, modified as follows- monthly
averages shall not exceed 0.1 mg /L; daily
composites shall not exceed 0.3 mg /L; and
grab samples shall not exceed 1.0 mg /L.
" Oil may be analytically separated into polar
and nonpolar components. If such separa-
tion is done, neither of the components may
exceed 15 mg/L (i.e., 15 mg /L polar materials
and 15 mg /L nonpolar materials).
Except if all of the following conditions are
m et:
The discharger does not use mercury; or
the discharger uses mercury and this use
cannot be eliminated, or the discharger
uses mercury only in chemical analysis or
in laboratory or other equipment and takes
reasonable care to avoid contamination of
wastewater: and
2. The effluent mercury concentration is less
than 0.003 mg /L, as determined by appli-
cation of the averaging rules of Section is
of this Appendix; and
3. The discharger is providing the best de-
gree of treatment consistent with technol-
ogical feasibility, economic reasonable-
ness, and sound engineering judgment.
This may include no treatment for mer-
cury, and
4, The discharger has an inspection and
maintenance program likely to reduce or
prevent an increase in the level of mercury
discharges.
Section 9. Discharges Made Under Current
and Valid National Pollutant Dis-
charge Elimination System Permit
The provisions of this Appendix shall not be ap-
plicable to discharges subject to regulation under a
current and valid National Pollutant Discharge Elimi-
nation System Permit issued by the Illinois Environ-
mental Protection Agency,
APPENDIX B
to the
SEWAGE AND WASTE CONTROL
ORDINANCE
DISCHARGES TO AND POLLUTION OF
SEWERAGE SYSTEMS
Section 1. Pollutant Concentration Limits
The following are the maximum concentrations
acceptable for discharge of sewage, industrial
wastes, or other wastes into sewerage systems un-
der the jurisdiction of the District at any time:
Concentration
Waste or Chemical (mg /L)
Cadmium - - ....................
2.0
Chromium ( total)_____________ ______5.0
Chromium ( hexavalent ) --------------- ------------
- - -- -... 10.0
Copper.................................... .....
3.0
Cyanide (total)____ __ _______ _____ __ --------------- -----
-- _5.0
Fats, oils and greases (FOG) (total) ...............
250.0
Iron* - -------- --- ------
250.0
----- --------------------
Lead - -•- -- - - ------------- ----------------
- -- 0.5
Mercury .« ---------------------------- - -
Nickel
Zinc -------------- ------------------- ------------ - - -- ------_....15.0
pH range*** Not lower than 5.0 or greater than 10.0
Temperatures of liquids or vapors at point of en-
trance to a public sewer shall not exceed 150 °F and
in no case heat to such a degree that causes the
16
temperature at the District's Water Reclamation
Plants to exceed 104 °F.
Discharges from domestic water treatment
plants which supply potable water to the gen-
eral public shall be exempt from this limitation
for iron.
Except as provided under Appendix B, Sec-
tion 2i.
Discharges which are monitored continuously
for pH may exceed the upper pH range of
10,0 by not more than 0.5 pH units, for not
more than four hours in any single calendar
day.
Section 2. Discharge Prohibitions
Any discharge of waste or waters into a sewer
which terminates in or is a part of the sewerage sys-
tem of the District, must not contain the following:
a. Liquids, solids or gases which by reason of
their nature or quantity are sufficient to
cause fire or explosion or be injurious in any
other way to the sewerage system or to the
operation of the water reclamation facilities,
including, but not limited to, any waste -
stream having a closed cup flashpoint less
than 140 degrees Fahrenheit (60 degrees
Centigrade) using the test methods speci-
fied in 40 CFR 261.21.
b. Noxious or malodorous liquids, gases or
substances which either singly or by interac-
tion with other wastes are sufficient to create
a public nuisance or hazard to life, to cause
injury or acute worker health or safety prob-
lems, or to prevent entry into the sewers for
their maintenance or repair.
c. Water or wastes containing toxic substances
in quantities which are sufficient to interfere
with the biological processes of the water
reclamation facilities.
d. Garbage that has not been ground or com-
minuted to such a degree that all particles
will be carried freely in suspension under
conditions normally prevailing in public sew-
ers, with no particle greater than one -half
inch in any dimension.
e. Radioactive wastes unless they comply with
10 CFR 20 and 32 Illinois Administrative
Code 340.
Solid or viscous wastes which cause ob-
struction to the flow in sewers or other inter-
ference with the proper operation of the se-
werage system or water reclamation facili-
ties, such as grease, uncomminuted gar-
bage, animal guts or tissues, paunch ma-
nure, bone, hair, hides, fleshings, entrails,
feathers, sand, cinders, ashes, spent lime,
stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grain,
waste paper, wood, plastic, gas, tar, asphalt
residues, residues from refining or
processing of fuel or lubricating oil, gasoline,
naphtha, and similar substances, Potential-
ly Infectious Medical Wastes unless they
comply with 35 Illinois Administrative Code,
Subtitle C.
g. Waters or waste containing substances
which are not amenable to treatment or re-
duction by the sewage treatment process
employed, or are amenable to treatment on-
ly to such degree that the water reclamation
facilities' effluent cannot meet the require-
ments of other agencies having jurisdiction
over discharge to the receiving waters.
h. Excessive discoloration (such as, but not li-
mited to, dye waste and vegetable tanning
solutions) which threatens the District's op-
erations.
i. Mercury in excess of 0.0005 mg /L on a
monthly average, 0.001 mg /L in a daily
composite, and 0.0025 mg /L in any grab
sample; except when all of the following
conditions are met:
(1) The discharger does not use mercury ;
or the discharger uses mercury and this
use cannot be eliminated; or the dis-
charger uses mercury only in chemical
analyses or in laboratory or other
equipment and takes reasonable care
to avoid contamination of wastewater;
and
(2) The discharge mercury concentration is
less than 0.003 mg /L on a monthly av-
erage, 0.006 mg/L in a daily composite,
and 0.015 mg /L in any grab sample;
and
(3) The discharger is providing the best
degree of treatment consistent with
technological feasibility, economic rea-
sonableness, and sound engineering
judgment. This may include no treat-
ment for mercury; and
(4) The discharger has an inspection and
maintenance program likely to reduce
or to prevent an increase in the level of
mercury discharges.
Any person seeking application of the alter-
native discharge limitations for mercury into
the sanitary sewerage system shall submit a
17
written request, together with a complete re-
port indicating why the alternative discharge
limitations for mercury should be applicable
to such person's discharge, to the Director
of the District's Monitoring and Research
Department, in accordance with procedures
established by the Director of the District's
Monitoring and Research Department. The
District will advise the person, in writing, of
approval or denial of the person's request,
within 90 days of the District's receipt of the
person's request.
j. The discharge of wastes from medicinal or
therapeutic uses of mercury, exclusive of la-
boratory use, shall be exempt from the
0.0005 mg/L limitation of this section if all
the following conditions are met:
(1) The total plant discharge is less than
2279 (one half pound) as Hg in any
year; and
(2) The discharge does not, alone or in
conjunction with other sources, cause
the effluent from the sewer system or
treatment facility to exceed 0.0005
mg /L of mercury.
k. Pollutants which will cause corrosive struc-
tural damage.
I. Pollutants including, but not limited to, petro-
leum oil, non - biodegradable cutting oil, and
products of mineral origin, which cause in-
terference or pass- through.
m. Hauled or trucked wastes, except at dis-
charge points designated by and under valid
written authorization of the District.
Section 3. Dischargers in the Poplar Creek
Service Area
Persons located in the Poplar Creek Service Area
of the District discharging sewage, industrial waste,
and other wastes to the sewerage system under the
jurisdiction of the District which is tributary to the
water reclamation facility owned and operated by the
Fox River Water Reclamation District may be subject
to more stringent limitations than the limitations
found in Appendix B to this Ordinance.
Section 4. Compliance Determination
Compliance with the discharge limitations in this
Appendix shall be maintained at all times, without
exception. Any grab sample, or a composite sample
of any duration, may be used for purposes of deter-
mining compliance with the discharge limitations in
this Appendix. District monitoring of industrial users
for determining compliance with the discharge limita-
tions in this Appendix shall conform to the provisions
of 40 CFR 403.8(f)(2)(vi), and shall be performed
with sufficient care to produce evidence admissible
in enforcement proceedings.
APPENDIX C
to the
SEWAGE AND WASTE CONTROL
ORDINANCE
REGULATIONS APPLICABLE TO SIGNIFICANT
INDUSTRIAL USERS
ARTICLE I
Reporting Requirements Applicable
to Significant Industrial Users
In addition to the reporting requirements con-
tained in Article V of this Ordinance, the following
reporting requirements are applicable to any person
identified by the District as a significant industrial
user.
Section 1. Baseline Monitoring Report
Within 90 days after the date of promulgation for
the applicable categorical standards found in Ap-
pendix C, existing industrial users subject to cate-
gorical pretreatment standards and currently dis-
charging an effluent into a sewerage system under
the jurisdiction of the District, shall complete and
submit to the District, on forms supplied by the Dis-
trict, a BMR. Within 90 days after being notified by
the District of designation as a significant industrial
user, significant industrial users not subject to cate-
gorical standards shall submit a BMR to the District.
Sampling requirements for the completion of the
BMR shall be supplied by the District and shall con-
form to the requirements of 40 CFR 403.12(g).
Upon adoption of Appendix D to this Ordinance,
the BMR form supplied by the District for purposes
of reporting under this section is replaced by the
Discharge Authorization Request (DAR) form sup-
plied by the District. All provisions of this Ordinance
relating to the preparation and submittal of the BMR
form shall be applicable to the preparation and sub-
mittal of the DAR form.
The BMR shall contain all information required by
40 CFR 403.12 (b), (c) and (g) of the general pre-
treatment regulations together with additional infor-
mation as required by the District.
The BMR shall comply with the certification provi-
sions of 40 CFR 403.12(b) and the signatory re-
quirements of 40 CFR 403.12(1), and shall be ex-
ecuted by an authorized representative of the signif-
icant industrial user and certified as accurate and
complete by a Registered Professional Engineer
licensed by the state of Illinois.
18
New significant industrial users shall complete
and submit to the District, on forms supplied by the
District, an acceptable BMR at least 90 days prior to
commencing discharge.
Section 2. Compliance Schedule
It shall be unlawful for a significant industrial user
to continue to discharge process wastewater to a
sewerage system under the jurisdiction of the District
if the Executive Director has found the person in vi-
olation pursuant to Article VI, Section 1 of this Or-
dinance, or if the person certifies in their BMR or
DAR that applicable pretreatment standards or other
requirements are not being met on a consistent ba-
sis and that additional operation and maintenance or
pretreatment facilities are required to meet those
standards or requirements, unless the significant
industrial user has submitted to the District a com-
pliance schedule which conforms to the require-
ments of 40 CFR 403.12(c) and which is acceptable
to and approved by the Executive Director. The
schedule shall comply with the certification provi-
sions of 40 CFR 403.12(b) and the signatory re-
quirements of 40 CFR 403.12(1) and shall be certi-
fied by an authorized representative of the industrial
user and certified by a Registered Professional En-
gineer licensed by the state of Illinois. In the event
the compliance schedule is not acceptable, the Ex-
ecutive Director may require re- submittal of a com-
pliance schedule acceptable to the District, or may
proceed as set forth under Article VI of this Ordin-
ance.
A compliance schedule for attaining compliance
with an applicable categorical pretreatment standard
cannot extend beyond the final compliance date for
the applicable categorical pretreatment standard
contained in the Code of Federal Regulations.
A compliance schedule submitted by a significant
industrial user as required herein shall be consi-
dered an enforceable requirement of a DA issued to
the significant industrial user, and failure to comply
with the compliance schedule shall be considered a
violation of this Ordinance.
Section 3. Final Compliance Report
Each person subject to categorical pretreatment
standards shall, within 90 days following the date for
final compliance as set forth in Appendix C, Article
III, submit to the Director of the District's Monitoring
and Research Department, a report of final com-
pliance with the categorical pretreatment standards
on forms supplied by the District. The statement
shall conform to the requirements of 40 CFR
403.12(d) and (g), shall comply with the certification
provisions of 40 CFR 403.12(b) and the signatory
requirements of 40 CFR 403.12(1), shall be executed
by an authorized representative of such person, and
certified by a Registered Professional Engineer li-
censed by the state of Illinois.
New significant industrial users shall complete
and submit to the Director of the District's Monitoring
and Research Department a report of final com-
pliance immediately upon commencement of dis-
charge.
Each significant industrial user shall take repre-
sentative samples for a minimum of three days with-
in a two -week period for the monitoring of a waste -
stream with a flow less than or equal to 200,000 gal-
lons per day. Where the flow of a waste - stream ex-
ceeds 200,000 gallons per day, the user shall take
samples for six days within a two -week period.
Sample collection shall conform to the requirements
of 40 CFR 403.12(g). Sample analysis shall include
all parameters listed in Appendix B, Sections 1 and
2(i) of this Ordinance and any parameters listed in
the categorical pretreatment standards applicable to
the significant industrial user.
Section 4. Reporting Continued Compliance
Each significant industrial user shall submit to the
District, on forms supplied by the District and at in-
tervals specified by the District, in the Discharge Au-
thorization issued to the significant industrial user,
which shall be not more than once per month nor
less than twice per year, a report on continued com-
pliance with applicable pretreatment standards and
other requirements of this Ordinance. The reports
shall cover all pertinent activities of the industrial
user from the close of the previous reporting period
through a date 30 calendar days prior to the report
due date specified in the Discharge Authorization
issued to the industrial user, and must be received
by the District not later than the report due date.
The reports shall conform to the requirements of 40
CFR 403.12(e) and (g), shall comply with the signa-
tory requirements of 40 CFR 403.12(1), and shall be
certified by an authorized representative of the in-
dustrial user.
Sampling requirements for the completion of re-
ports on continued compliance shall be the same as
described in Section 3 above.
Notwithstanding any other non - monetary reme-
dies which the District may have by statute, common
law or this Ordinance, any person failing to submit a
report or submitting a deficient report to the District,
as required hereunder, within the filing period estab-
lished by the District for such report, shall be as-
sessed a late filing fee, as set forth under Article V.
Section 10 of this Ordinance.
Any significant industrial user whose total indus-
trial waste discharge does not exceed 5,000 gallons
in any calendar month, may request a waiver of the
self- monitoring requirements of this section. The
19
request must be submitted to the Director of Monitor-
ing and Research and will not become effective until
such determination is issued by the District, in writ-
ing. The significant industrial user must continue to
submit all reports required under this section as es-
tablished in the Discharge Authorization issued to
said significant industrial user. The reports must be
complete and accurate in all aspects, except for self -
monitoring data. The District will perform the re-
quired sampling on behalf of the significant industrial
user and shall insert its data to complete the report.
The Director of Monitoring and Research may with-
draw a waiver of the self- monitoring requirements
granted under this paragraph upon a determination
that the significant industrial user discharges greater
than 5,000 gallons of industrial waste in any calen-
dar month, or if the significant industrial user is
found in significant noncompliance with any provi-
sions of this Ordinance.
Any significant industrial user may request a
waiver from the self- monitoring requirements of this
section for one continued compliance report, as re-
quired hereunder, annually. The significant industri-
al user must have an acceptable outside control
manhole /sampling chamber, as required under the
provisions of Article IV of this Ordinance, to enable
the District to perform the required monitoring on
behalf of the significant industrial user. The request
must clearly indicate which annual continued com-
pliance report is the subject of the waiver request,
must be submitted to the Director of Monitoring and
Research and will not become effective until such
determination is issued by the District, in writing.
The significant industrial user must continue to sub-
mit all reports required under this section as estab-
lished in the Discharge Authorization issued to said
significant industrial user. The District will perform
the required sampling on behalf of the significant
industrial user and shall provide its data to the signif-
icant industrial user to complete the continued com-
pliance report. The reports must be complete and
accurate in all aspects. The Director of Monitoring
and Research may withdraw a waiver of the self -
monitoring requirements granted under this para-
graph upon a determination that the significant in-
dustrial user is in significant noncompliance with any
provisions of this Ordinance.
Section 5. Late Filing of Reports
Notwithstanding any other non - monetary reme-
dies which the District may have by statute, common
law or this Ordinance, any person failing to submit a
report or submitting a deficient report to the District,
as required under any provision of this Appendix,
within the filing period established by the District for
such report, shall be assessed a late filing fee, as
set forth under Article V, Section 10 of this Ordin-
ance.
ARTICLE II
Additional Requirements Relating to
Compliance with Appendix C
Section 1. Dilution Prohibition
No person shall augment the use of process wa-
ter or, in any way, dilute or attempt to dilute a dis-
charge as a partial or complete substitute for ade-
quate pretreatment to achieve compliance with the
limitations contained in this Ordinance.
Section 2. Intake Water Adjustment
Persons seeking adjustment of categorical pre-
treatment standards to reflect the presence of pollu-
tants in their intake water must comply with the re-
quirements of 40 CFR 403.15.
Section 3. Fundamentally Different Factors
Variance
Persons seeking variances for reasons of funda-
mentally different factors must comply with the re-
quirements of 40 CFR 403.13. The Executive Direc-
tor may, upon notification of approval by the USEPA
of the variance request, apply limitations to the in-
dustrial user.
Section 4. Adjustment for Combined Waste
Streams
Persons seeking adjustments in the categorical
pretreatment standards may petition the District for
approval of adjustments to account for the combin-
ing or mixing of industrial process waste discharges
with other flows or industrial process waste dis-
charges prior to pretreatment or to discharge to the
sewerage system under the jurisdiction of the Dis-
trict. The petition to the District must follow require-
ments and formulae established in 40 CFR 403.6(e)
and be certified by an authorized representative and
certified by a Registered Professional Engineer li-
censed by the state of Illinois.
Section 5. End -of- Process Monitoring
Where required to comply with the categorical
pretreatment standards of Appendix C, additional
control manholes or sampling chambers shall be
provided at the end of each industrial process within
an industrial user's facility.
20
ARTICLE III
Categorical Pretreatment Standards
Section 1, Categorical Standards
Industrial categories for which pretreatment standards have been promulgated and as amended by the USE -
PA are listed herein. Industrial users in one or more of the regulated categories will be supplied with the appro-
priate pretreatment standards by the District. Those categorical standards as promulgated and as amended by
the USEPA and set forth below are adopted by the Board of Commissioners as its performance criteria for dis-
charge to sewers under the jurisdiction of the District.
Industrial Point Industrial Point
Source Category Final Rule Date Source Category Final Rule Date
401
General provisions
2/1/1974
445
Landfills
1/19/2000
403
General pretreatment regulations
425
Leather tanning and finishing
11/23/1982
for existing and new sources
432
Meat products
2/28/1974
of pollution
1128/1981
433
Metal finishing
7/15/1983
467
Aluminum forming
10/24/1983
464
Metal molding and casting
10/30/1985
427
Asbestos manufacturing
2/26/1974
438
Metal products and machinery
5/13/2003
461
Battery manufacturing
3/9/1984
436
Mineral mining and processing
10/16/1975
407
Canned and preserved fruits and
471
Nonferrous metals forming and
vegetables processing
3/21/1974
metal powders
8/2311985
408
Canned and preserved seafood
421
Nonferrous metals manufacturing
3/8/1984
processing
6/26/1974
435
Oil and gas extraction
4/13/1979
458
Carbon black manufacturing
1/9/1978
440
Ore mining and dressing
12/311982
411
Cement manufacturing
2120/1974
414
Organic Chemicals, plastics and
437
Centralized waste treatment
12/22/2000
synthetic fibers
11/5/1987
434
Coal mining
10/9/1985
446
Paint formulating
7/28/1975
465
Coil coating
12/111982
443
Paving and roofing materials
412
Concentrated animal feeding
(tars and asphalt)
7/24/1975
operations
2/12/2003
455
Pesticide chemicals
4/25/1978
468
Copper forming
8/15/1983
419
Petroleum refining
10/18/1982
405
Dairy products processing
3/28/1974
439
Pharmaceutical manufacturing
10/27/1983
469
Electrical and electronic
422
Phosphate manufacturing
2/20/1974
components
4/8/1983
459
Photographic
711411976
413
Electroplating
1/28/1981
463
Plastics molding and forming
12/1711984
457
Explosives manufacturing
3/9/1976
466
Porcelain enameling
11/24/1982
424
Ferroalloy manufacturing
2/22/1974
430
Pulp, paper and paperboard
4/15/1998
418
Fertilizer manufacturing
4/8/1974
428
Rubber manufacturing
2/21/1974
426
Glass manufacturing
1/22/1974
417
Soap and detergent
406
Grain mills
3/20/1974
manufacturing
4/12/1974
454
Gum and wood chemicals
423
Steam electric power generating
11/19/1982
manufacturing
5/18/1976
409
Sugar processing
1/31/1974
460
Hospitals
5/6/1976
410
Textile mills
9/2/1982
447
Ink formulating
7/28/1975
429
Timber products processing
1/26/1981
415
Inorganic chemicals
442
Transportation equipment
manufacturing
6/29/1982
cleaning
8/14/2000
420
Iron and steel manufacturing
5/27/1982
444
Waste combustors
1/27/2000
21
Section 2. Compliance Determination
Industrial user self- monitoring for determining
compliance with categorical pretreatment standards
shall conform to the provisions contained in Appen-
dix C, Article I of this Ordinance.
District monitoring of industrial users for deter-
mining compliance with categorical pretreatment
standards shall conform to the provisions of 40 CFR
403 8(f)(2)(vii), and shall be performed with sufficient
care to produce evidence admissible in enforcement
proceedings.
APPENDIX D
to the
SEWAGE AND WASTE CONTROL
ORDINANCE
Discharge Authorizations
Section 1. Applicability
As provided under Article III, Section 1 of this Or-
dinance, and except as provided elsewhere in this
Appendix, it shall be unlawful for any significant in-
dustrial user, as defined herein, to cause or allow
the discharge of process wastewater into the sewe-
rage system under the jurisdiction of the District un-
less such significant industrial user is in confor-
mance with all terms and conditions of a current va-
lid Discharge Authorization issued to said significant
industrial user by the District.
Section 2. Discharge Authorization Document
The Discharge Authorization document issued by
the District shall contain, at a minimum, the following
conditions:
a. Statement of limited duration not to exceed five
years, as provided for in Appendix D, Section 6
of this Ordinance;
b. Transferability provision, as provided for in Ap-
pendix D, Section 7 of this Ordinance;
c. Effluent discharge limitations applicable to all
effluent discharge monitoring points of the indus-
trial user, as provided for in Appendix B and Ap-
pendix C of this Ordinance;
d. Self- monitoring, sampling, reporting, notification
and record - keeping requirements, including
dentification of the pollutants to be monitored,
sampling points, sampling frequency, and sam-
ple type, as provided for in Article V, Article VI,
Appendix C and Appendix D of this Ordinance;
e. Statement of applicable penalties for violation of
standards and requirements, as provided for in
Article VI and Article VII of this Ordinance, and
22
f Compliance milestone requirements and dates
of any compliance schedule entered into by the
significant industrial user to remedy a condition
of noncompliance with the terms and conditions
of this Ordinance or a DA issued to the signifi-
cant industrial user pursuant hereto.
Section 3. Discharge Authorization Request
Within 90 days of the date of notification from the
District that a person has been determined to be a
significant industrial user, such person shall com-
plete and submit to the District, on forms supplied by
the District, a Discharge Authorization Request
(DAR). Sampling requirements for the completion of
the DAR shall be specified on the DAR form sup-
plied by the District. Sample collection and analysis
shall conform to the requirements of 40 CFR
403.12(g).
Any person who submits a completed and certi-
fied DAR to the District, in a timely manner as pro-
vided herein, may continue to cause or allow the
discharge of process wastewater into the sewerage
system under the jurisdiction of the District, in the
absence of a DA, only in conformance with all other
terms and conditions of this Ordinance.
For the purposes of this provision, any person
who has on file with the District, a current and ap-
proved BMR shall be deemed to have been issued
an interim DA, and shall not be required to submit a
DAR, until 90 days after being notified of such re-
quirement by the District.
The DAR shall disclose the name and address of
the person, as defined herein, seeking the Dis-
charge Authorization and identify the name(s) of all
officers or principal owners of said person. The DAR
shall be executed by an authorized representative of
the person and certified as accurate and complete
by a Registered Professional Engineer licensed by
the state of Illinois.
Any person who plans to commence new activi-
ties or who plans to modify existing activities such
that said person becomes a significant industrial us-
er shall notify the District of such activities and shall
submit to the District, on forms supplied by the Dis-
trict, a DAR at least 90 days prior to commencement
of such activities and discharge to the sewerage
system.
Section 4. Issuance of Discharge Authoriza-
tion By District
Within 90 days of receipt of a completed DAR,
the District shall notify the person submitting said
DAR of approval or denial of the DAR and the rea-
son(s) for denial.
For the purposes of this provision, any person
who has on file with the District, a current and ap-
proved BMR shall be deemed to have been issued
an interim DA.
Section 5. Review of Denial of Discharge
Authorization or Special Condi-
tion in Discharge Authorization
Any person whose DAR has been denied by the
District, or who wishes to have reviewed any special
condition of a Discharge Authorization issued to
such person, may request a review of the District's
determination. Such request must be made in writ-
ing, to the Director of Monitoring and Research, and
must be received by the District within 30 days of the
date of notification that the DAR has been denied or
of notification of the special condition. The request
for review must clearly state the reason(s) why such
person believes that the District's denial of the DAR
or the special condition should be reviewed.
a. Any person whose DAR for a new discharge
has been denied by the District is prohibited
from commencing the discharge of process
wastewater into the sewerage system of the
District until such time as a Discharge Autho-
rization is issued to said person.
b. Any person whose DAR for an existing dis-
charge has been denied may continue to dis-
charge process wastewater into the sewe-
rage system of the District, only in accor-
dance with all conditions reported in the DAR
and not otherwise in violation of this Ordin-
ance, during the review and until a final ad-
ministrative decision by the District.
c. Any person who requests a review of a spe-
cial condition contained in a Discharge Au-
thorization issued to said person, for an exist-
ing discharge of process wastewater, may
continue to discharge process wastewater in-
to the sewerage system of the District, only in
accordance with all conditions of the Dis-
charge Authorization issued to said person,
except the special condition under review,
and not otherwise in violation of this Ordin-
ance, during the review and until a final ad-
ministrative decision by the District.
The Director of Monitoring and Research will in-
form the Executive Director of all requests for re-
view. The Executive Director shall order that a hear-
ing be held for each request for review. The review
hearing shall comply with the hearing procedures of
Article VI, Section 3 of this Ordinance. The final
administrative decision on each review will be made
by the Board of Commissioners after it receives a
report with recommendations from the Review Hear-
ing Officer.
23
Section 6. Request For Renewal of Dis-
charge Authorization
Discharge Authorizations issued pursuant to this
Ordinance shall be valid for a period not exceeding
five years. Not less than 90 days prior to the expira-
tion date of a discharge authorization issued by the
District, the person to whom said discharge authori-
zation was issued shall submit to the District, on a
DAR form supplied by the District, a request for re-
newal of the discharge authorization. Any person
who submits a completed and certified request for
renewal, in a timely manner as provided herein. shall
be granted an extension of the termination date of
their DA, until such time as the District issues a de-
termination with regard to such person's request for
renewal of the DA. Any person whose request for
renewal of a DA has been denied may seek review
of such denial, as provided in Appendix D, Section 5
of this Ordinance.
In addition to the provisions for administrative and
legal proceedings contained in Article VI and Article
VII of this Ordinance, whenever the Executive Direc-
tor determines that a person to whom a Discharge
Authorization has been issued has failed to comply
with an Order of the Board issued pursuant to this
Ordinance; has failed to comply with a substantive
Order of the Court issued in litigation initiated by the
District, the Office of the State's Attorney or the
United States Attorney, against such person for
noncompliance with this Ordinance; has failed to
promptly pay all civil penalties, late filing fees or oth-
er costs assessed against such person in any action
taken by the District; or has failed to pay all User
Charges owed to the District by such person, the
Director of Monitoring and Research may deny re-
newal of such person's Discharge Authorization,
except that actions subject to a pending and proper-
ly filed appeal taken pursuant to the provisions set
forth in this Ordinance, the Rules Governing the
Proceedings, Assessment of Civil Penalties, and
Issuance of Orders Under the Sewage and Waste
Control Ordinance of the Metropolitan Water Recla-
mation District of Greater Chicago, or the User
Charge Ordinance, shall not be considered sufficient
cause for the District to deny renewal of such per-
son's Discharge Authorization until said appeal has
been finally resolved by the District.
During the period of review of any denial of a re-
quest for renewal of an existing DA, the person may
continue to cause or allow the discharge of process
wastewater into the sewerage system under the ju-
risdiction of the District only in conformance with all
terms and conditions of this Ordinance and the DA
previously issued to said person.
Section 7. Reissuance of Discharge Authori-
zation to Another Person
Discharge Authorizations issued pursuant to this
Ordinance shall be issued to the specific person, as
defined in Article II of this Ordinance, and for the
specific location identified in the Discharge Authori-
zation Request submitted to the District. Such Dis-
charge Authorization shall remain in full force and
effect until expiration thereof, or until non - renewal or
revocation by the District.
No Discharge Authorization may be reissued to
another person if the person to whom the Discharge
Authorization was issued is the subject of an unre-
solved enforcement action taken by the District, or if
the person has failed to pay, within 30 days of the
payment due date, all monies owed to the District
under this Ordinance and the District's User Charge
Ordinance, unless the following occurs prior to the
effective date of the transfer:
1. The person seeking to transfer the Discharge
Authorization has resolved the outstanding
enforcement action to the satisfaction of the
District and has paid all monies owed to the
District, or,
2. In the event of an unresolved enforcement
action, the transferee has submitted a plan
and schedule for resolving the outstanding
enforcement action within a period accepta-
ble to the District. Such plan and schedule
must be certified by a Registered Profession-
al Engineer licensed by the state of Illinois
and an authorized agent of the transferee
and shall be incorporated as an enforceable
Special Condition in the Discharge Authoriza-
tion reissued to the transferee, and,
3. In the event of monies owed to the District,
the transferee has submitted an affidavit to
the District assuming full responsibility for
payment of all monies owed to the District.
The affidavit shall also be signed by the
transferor and acknowledge that assumption
of liability by the transferee shall not release
the transferor from any outstanding monies
owed to the District at the time of the transfer
until said amounts are paid -in -full. This pro-
vision neither abrogates any existing rights
nor conveys any additional rights which the
transferor or transferee may otherwise have
to appeal the District's assessment of
charges or fees.
No Discharge Authorization for the commence-
ment of a discharge at a new location shall be is-
sued to any person if said person has failed to
comply with an Order of the Board issued pursuant
to this Ordinance, has failed to comply with a subs-
tantive Order of the Court issued in litigation initiated
24
by the District, the Office of the State's Attorney or
the United States Attorney, against such person for
noncompliance with this Ordinance, has failed to
promptly pay all civil penalties, late filing fees or oth-
er costs assessed against such person in any action
taken by the District: or has failed to pay any User
Charges owed to the District by said person.
Any change in the person to whom a Discharge
Authorization has been issued must be reported to
the Director of Monitoring and Research not less
than 30 days prior to such change, together with the
effective date of the change and the identity of the
person to whom the Discharge Authorization should
be reissued. Not less than 20 days prior to the ef-
fective date of the change, the District will advise all
parties of any unresolved enforcement actions and
monies owed to the District. The parties shall have
ten days to resolve these matters in accordance with
the terms of this section. Not less than five days
prior to the effective date of the change, the District
will advise all parties whether the Discharge Authori-
zation may be reissued. If the District does not ob-
ject to reissuance of the Discharge Authorization,
the person to whom the Discharge Authorization
was originally issued must submit to the District, be-
fore the effective change date, an affidavit verifying
delivery of a copy of the existing Discharge Authori-
zation to the person to whom the Discharge Authori-
zation is to be reissued. The District will reissue the
Discharge Authorization to the person, as identified
in the above notification, within 30 days of receipt of
said notification, if there has been compliance with
the terms of this section of the Ordinance.
Continued discharge of process wastewater into
a sewerage system under the jurisdiction of the Dis-
trict, in the absence of a current and valid Discharge
Authorization, will be considered a knowing and will-
ful violation of this Ordinance, the applicable statutes
of the state of Illinois and applicable federal pre-
treatment regulations.
The Executive Director may refer such violation
to the Office of State's Attorney or the Office of the
United States Attorney, for such action as they may
deem appropriate.
Section 8. Revocation of Discharge Authoriza-
tion
In addition to the provisions for administrative and
legal proceedings contained in Article VI and Article
VII of this Ordinance, whenever the Executive Direc-
tor determines that a person to whom a Discharge
Authorization has been issued has failed to comply
with a Cease and Desist Order issued pursuant to
Article VI of this Ordinance, or whenever a person
has failed to comply with an Order of the Board is-
sued pursuant to this Ordinance. has failed to comp-
ly with a substantive Order of the Court issued in
litigation initiated by the District, the Office of the
State's Attorney or the United States Attorney,
against such person for noncompliance with this Or-
dinance, has failed to promptly pay all civil penalties,
late filing fees or other costs assessed against such
person in any action taken by the District: or has
failed to pay all User Charges owed to the District by
such person, the Executive Director may order such
person to show cause before the Board why the
Discharge Authorization should not be revoked, ex-
cept that actions subject to a pending and properly
filed appeal taken pursuant to the provisions set
forth in this Ordinance, the Rules Governing the
Proceedings, Assessment of Civil Penalties, and
Issuance of Orders Under the Sewage and Waste
Control Ordinance of the Metropolitan Water Recla-
mation District of Greater Chicago, or the User
Charge Ordinance, shall not be considered sufficient
cause for the District to revoke such person's Dis-
charge Authorization until said appeal has been fi-
nally resolved by the District. The show cause pro-
ceeding so ordered shall comply with the provisions
of Article VI, Section 3 and Appendix D, Section 5 of
this Ordinance.
Section 9. Continued Discharge in Absence of
Current and Valid Discharge Authori-
zation to be Considered a Violation
Whenever a person to whom a notification of ap-
plicability of this Appendix has been transmitted fails
to submit a DAR as required under this Appendix, or
whenever a person whose DA has been revoked
pursuant to an order of the Board of Commissioners,
or whose DA has expired, continues to cause or al-
low the discharge of process wastewater into a se-
werage system under the jurisdiction of the District,
the Executive Director shall, by Registered or Certi-
fied Mail or by personal service by any employee of
the District, notify such person that continued dis-
charge in the absence of a valid DA may be consi-
dered a knowing and willful violation of this Ordin-
ance, the applicable statutes of the state of Illinois
and applicable federal pretreatment regulations.
The Executive Director may refer such violation
to the Office of State's Attorney in and for the county
in which the District is located, or the Office of the
United States Attorney, for such action as they may
deem appropriate.
25
APPENDIX E
to the
SEWAGE AND WASTE CONTROL
ORDINANCE
RULES GOVERNING CONFIDENTIALITY AND
PUBLIC ACCESS TO INFORMATION
Section 1. Confidentiality and Information
Available to the Public
All information submitted to the District pursuant
to the reporting provisions of this Ordinance, with the
exception of data as described below, is considered
to be confidential business information and may not
be released to the public without prior written ap-
proval of the person submitting such information.
Information and data provided to the District rela-
tive to Article V, Sections 3 and 4, Appendix C, and
Appendix D of this Ordinance, which describe the
concentration and/or mass loading of pollutants dis-
charged, physical characteristics of discharge, gen-
eral description of the location and nature of the
source of pollutants, and analyses of samples of
discharge, shall be available to the public in accor-
dance with 40 CFR 403.14. Cease and Desist Or-
ders, Notices of Show Cause, and other notices of
enforcement action taken by the District pursuant to
this Ordinance shall be available to the public upon
written request to the Director of Monitoring and Re-
search. Information regarding enforcement actions
taken against persons in violation of this Ordinance
is routinely provided to officials of municipalities in
which the persons in violation are located or have
indicated they plan to relocate.
All information regarding industrial users shall be
made available to the USEPA, the IEPA and any
other unit of government subject to the confidentiali-
ty provisions found at 40 CFR 2.302 and 40 CFR
403.14.
Section 2. Annual Publication of Significant
Violators
In accordance with the public participation re-
quirements of 40 CFR 403.8(f)(2)(viii), the District, at
least annually, will publish the identity of each signif-
icant violator of this Ordinance, along with the nature
of such significant violation, in a newspaper of gen-
eral circulation that provides meaningful public no-
tice within the jurisdiction of the District. Prior to
publication, each such significant violator will be ad-
vised in writing of the District's intent to publish the
identity of the significant violator and will be granted
an opportunity to provide comment to the District
regarding the appropriateness of such publication.
For purposes of publication, a person will be
deemed in significant violation of this Ordinance if
such person exhibits any of the following:
a. chronic violation of effluent discharge limits, de-
fined as 66 percent or more of all effluent dis-
charge analyses for samples taken during a six
month period exceeding the daily maximum
limit or the average limit for any pollutant,
b. acute violation of effluent discharge limits, de-
fined as 33 percent or more of all effluent dis-
charge analyses for samples exceeding the
daily maximum limit or the average limit for any
pollutant multiplied by the following technical
review criteria (TRC):
i. for biochemical oxygen demand, total
suspended solids, and fats, oils, and
greases, the TRC shall be 1.4,
ii. for all other pollutants except pH, the
TRC shall be 1.2.
c. any violation of an effluent discharge standard
or prohibition which causes or contributes to
pass- through or interference, the imminent
threat of fire, explosion or other damage to the
sewerage system, imminent endangerment to
human health or the environment or which re-
sults in the District exercising its emergency au-
thority to halt such violation;
d. failure to submit a completed and certified re-
port within 45 calendar days of a report due
date;
e. failure to meet, within 90 calendar days after
the schedule date, a compliance milestone date
or final compliance date contained in a com-
pliance schedule or Discharge Authorization;
f. failure to provide access to the industrial user's
premises to representatives of the District for
the purposes of inspection and sampling;
g. failure to comply with the spill containment and
notification requirements regarding spills, mal-
functions, bypasses, and slug loadings con-
tained in Article V, Sections 4 and 15 of this
Ordinance;
h. failure to report any instance of noncompliance
of which the person becomes aware by self -
monitoring, as required under Article V, Section
8 of this Ordinance; or
i. noncompliance with any of the terms or condi-
tions of the Ordinance, upon the determination
of the Executive Director.
K1
APPENDIX F
to the
SEWAGE AND WASTE CONTROL
ORDINANCE
ENFORCEMENT RESPONSE PROCEDURE
This appendix represents the Enforcement Re-
sponse Procedure (ERP) of the Metropolitan Water
Reclamation District of Greater Chicago (District) for
the enforcement of the terms and conditions of the
District's Sewage and Waste Control Ordinance (Or-
dinance).
As recommended by the United States Environ-
mental Protection Agency in "Pretreatment Com-
pliance Monitoring And Enforcement Guidance ",
published July 25, 1986, the ERP has been devel-
oped to include a range of enforcement responses
available to the District to effectively enforce the
terms and conditions of its Ordinance. The ERP
establishes a framework, the Response Option Ma-
trix (ROM), in which the District will assess the de-
gree of noncompliance by an Industrial User (IU)
and in which the District may consider both mitigat-
ing and aggravating circumstances in determining
the appropriate enforcement response. The ERP
also establishes minimum response levels for inci-
dents of noncompliance which are deemed critical in
nature, including interference and pass- through.
TYPES OF ENFORCEMENT RESPONSES
Industrial Users (IU) found in noncompliance with
any of the terms or conditions of the Ordinance are
subject to enforcement action under the ERP. En-
forcement actions such as Notices of Noncom-
pliance and Cease and Desist Orders are deter-
mined by the District's Executive Director and are
administered through the office of the Director of
Monitoring and Research (Director). Show Cause
proceedings and legal actions are administered by
the District's Attorney upon recommendation from
the Director.
Incidents of noncompliance with the Ordinance
will be evaluated in accordance with the ROM as to
the type of enforcement response necessary to at-
tain prompt compliance with the Ordinance.
The following types of enforcement responses
are available to the District in response to incidents
of noncompliance with its Ordinance.
A. Notice of Noncompliance — Appendix B
(NONE)
A NONB is a written notification, sent via Certified
Mail, Return Receipt Requested, which is directed to
an authorized agent of an IU found to be in minor
noncompliance (not in Significant Noncompliance as
herein defined) with an applicable effluent discharge
standard of Appendix B (local limits) of the Ordin-
ance. The NONB advises the IU of the nature of the
noncompliance, requires the IU to investigate the
incident and take measures to remediate the condi-
tion of noncompliance, and to execute, within ten
days of receipt of the NONB, a Declaration of Cor-
rective Action, indicating that compliance has been
achieved.
The Declaration of Corrective Action and state-
ment of compliance will be subject to verification by
District inspection and sampling within 90 days.
Failure to achieve compliance will result in the is-
suance of a Cease and Desist Order,
B. Notice of Noncompliance — Appendix C
(NONC)
A NONC is a written notification, sent via Certified
Mail, Return Receipt Requested, which is directed to
an authorized agent of an IU found to be in minor
noncompliance (not in Significant Noncompliance as
herein defined) with an applicable effluent discharge
standard of Appendix C (categorical pretreatment
standards) of the Ordinance. The NONC advises
the IU of the nature of the noncompliance, requires
the IU to investigate the incident and take measures
to remediate the condition of noncompliance, and to
execute, within 45 days of receipt of the NONC, a
Declaration of Corrective Action, indicating that
compliance has been achieved. The IU is also re-
quired to conduct a minimum of three days of sam-
pling to verify that compliance has been achieved
and to submit all supporting analytical data with the
Declaration of Corrective Action.
The Declaration of Corrective Action and state-
ment of compliance will be subject to verification by
District inspection and sampling within 90 days.
Failure to achieve compliance *ll result in the is-
suance of a Cease and Desist Order.
C. Notice of Noncompliance — Baseline Moni-
toring Report Verification ( NONBMR)
A NONBMR is a written notification, sent via Cer-
tified Mail, Return Receipt Requested, which is di-
rected to an authorized agent of an IU found to be in
noncompliance with an applicable effluent discharge
standard of Appendix C (categorical pretreatment
standards) of the Ordinance, during the initial Base-
line Monitoring Report verification inspection and
sampling. The NONBMR advises the IU of the na-
ture of the noncompliance and requires the IU to
achieve compliance within 90 days of the date of the
NONBMR. The IU is also advised that the District
will inspect and sample the IU within 90 days of the
date of the NONBMR and that the IU will be recom-
mended for Show Cause action if the IU is again
found in noncompliance. These NONBMRs are not
issued to those companies who exceed a return -to-
compliance period of 90 days. Companies who ex-
27
ceed the 90 day period are recommended for Show
Cause action.
D, Cease and Desist Order — Reporting Re-
quirements (C &DR)
A C &DR is written notification, sent via Certified
Mail Return Receipt Requested, directed to an au-
thorized agent of an IU which failed to submit a re-
port within 45 days of the report due date. The
C &DR advises the IU of the nature of the noncom-
pliance and requires the IU to comply with the appli-
cable reporting requirement within 30 days of the
date of the C &DR.
In the event of failure to comply with pretreatment
system malfunction, bypass or accidental spill notifi-
cation requirements, the IU will be required to sub-
mit, within 30 days of the date of the C &DR, a fully
implemented Spill Prevention, Control and Counter-
measure Plan, including specific provisions for prop-
er notification to the District of any pretreatment sys-
tem malfunction, bypass or accidental spill incident.
Failure of an IU to supply any report or other in-
formation required by the District, as required under
a C &DR, will result in Show Cause action being rec-
ommended.
E. Cease and Desist Order (C &D)
A C &D is written notification, sent via Certified
Mail, Return Receipt Requested, directed to an au-
thorized agent of an IU found to be in noncom-
pliance with an applicable effluent discharge stan-
dard of the Ordinance or with any terms or condi-
tions of the Ordinance, with the exception of report-
ing requirements. The C &D advises the IU of the
nature of the noncompliance and requires the IU to
attain compliance with the Ordinance within 90 days
of the date of the Order and to submit to the District
a report regarding its investigation into the incident
of noncompliance and a Compliance Schedule. The
Compliance Schedule must be certified by an autho-
rized agent of the IU, notarized, and must contain
major milestone dates for implementation of remedi-
ation measures as well as a compliance date. The
compliance date indicated in the Compliance Sche-
dule cannot extend greater than 90 days beyond the
date of the C &D.
The IU will be required to submit to the District,
not more than 15 days after the compliance date
specified in the Compliance Schedule, a Final Com-
pliance Report, certified by an authorized agent of
the IU, and notarized, indicating that compliance has
been achieved.
The U's Final Compliance Report will be subject
to verification by District inspection and sampling
within 90 days of the District's receipt of the Final
Compliance Report.
Failure to achieve compliance within 90 days
from the date of the C &D or failure to submit a prop-
erly executed Final Compliance Report, indicating
that compliance has been achieved, will result in
Show Cause action being recommended.
F. Show Cause Proceedings (SC)
When it has been determined that any person
has failed to comply with a Cease and Desist Order,
the Executive Director of the District may order an IU
who engages in activity or conduct prohibited by the
Ordinance to Show Cause before the District's
Board of Commissioners (Board), or its hearing of-
ficer designee, why such prohibited activity or con-
duct should not be discontinued.
A Notice of Show Cause, directed to an autho-
rized agent of the IU, is served personally or by Reg-
istered or Certified Mail, specifying the time and
place of a hearing to be held by the Board, and di-
recting the IU to Show Cause before the Board why
an order should not be entered directing disconti-
nuance of such prohibited activity or conduct.
The Board may, itself, conduct the hearing and
take evidence, or may designate any of its members
or any officer or employee of the District or any other
person to issue, in the name of the Board, notices of
hearings requesting attendance and testimony of
witnesses and the production of evidence relevant to
any matter involved in such hearing, to take evi-
dence, and to transmit a report of the evidence and
hearing, including transcripts and other evidence,
together with recommendations to the Board for ac-
tion thereon. At any public hearing, testimony taken
before the Board or any person designated by it
must be under oath and recorded stenographically.
The transcript so recorded will be made available to
any member of the public or any party to the hearing
upon payment of the usual charges therefor.
After the Board has reviewed the evidence, it
may issue a Board Order (BO) to the IU directing
that within a specified time period, the prohibited
activity or conduct be discontinued unless adequate
pretreatment facilities are properly installed and op-
erated to ensure compliance, recommending penal-
ties in the amount of not less than 100.00 nor more
than 10,000.00 for each violation of the Ordinance.
If a person violates the terms of a Board Order, the
District will seek to recover, in a civil action, the fines
recommended by the Board of Commissioners for
violations which are recited in the Board Order.
G. Court Proceedings (CT)
Any activity or conduct of an IU which is in viola-
tion of or prohibited by the Ordinance, or failure of
an IU to comply with an Order of the Board, shall be
considered a nuisance. The District may commence
an action or proceeding in the Circuit Court for the
28
purpose of having such activity or conduct stopped
either by mandamus or injunction
The District shall seek penalties in the amount of
not less than 1,000 00 nor more than 10,000.00
for each violation of the Ordinance, together with
reasonable attorney's fees, court costs, and other
expenses of litigation. The District shall also seek
recovery of all inspection, monitoring, and adminis-
trative costs incurred after the issuance of a Cease
and Desist Order relative to an IU found in violation
of the Ordinance.
H. Civil or Criminal Referrals (CR)
If an IU engages in any activity or conduct in ap-
parent violation of a statute of the state of Illinois or
a federal regulation, the District may refer such mat-
ters to the Office of the State's Attorney, the Illinois
Environmental Protection Agency, the United States
Environmental Protection Agency or any other ap-
propriate agency for investigation and civil and crim-
inal enforcement action. Any such referral will be
made in addition to an appropriate enforcement ac-
tion taken pursuant to this ERP and will not reduce
the District's responsibility to aggressively pursue
such enforcement action.
The District will seek, through the appropriate
agency, the maximum civil and criminal penalty as-
sessable under statute or regulation and will supply
evidence and testimony as deemed necessary by
the agency in the prosecution of any such matters.
I, Noncompliance Enforcement (NICE)
Activities
The cost for administering the noncompliance en-
forcement (NCE) activities of this Ordinance shall be
recovered from persons who are found in noncom-
pliance with this Ordinance. NCE activities include,
but are not limited to the following: preparation of
Notices of Noncompliance, Cease and Desist Or-
ders, Show Cause recommendations, legal action
recommendations, noncompliance referrals to the
District's Law Department, enforcement action
amendments, compliance date revisions, com-
pliance meeting notifications, delinquent report noti-
fications, late filing fee invoicing and acceptable
compliance report notifications; preparing for and
participating in meetings and hearings; review and
processing of Compliance Schedules (RD -112),
noncompliance follow -up sampling; laboratory anal-
ysis and review; and frequent or continuous sam-
pling and analysis for extended significant noncom-
pliance. Where the cost for any NCE activity is re-
covered through assessment of late filing fees
against the person pursuant to Article V, Section 10
of this Ordinance or through a civil action taken by
the District against a person pursuant to Article VII,
Section 3 of this Ordinance, such cost shall be se-
gregated from the NCE cost to be recovered. The
NCE cost shall be recovered through charges based
on enforcement and monitoring activities, as set
forth below.
Noncompliance Enforcement (NCE) Charges
Effective January 1, 2011
Enforcement Level Sampling Administrative
Charoe Cost
Notice of Noncompliance
712 843
Cease & Desist Order
1,643 843
(Single - sample SNC)
Cease & Desist Order
4,158 843
(Chronic /Acute SNC)
Recurring Cease & Desist
4,158 843
Order (Per each C &D Order)
Show Cause or Legal Action
To be addressed in
resolution of the en-
forcement action
The NCE charges, where applicable, will be as-
sessed by invoice issued to the person found in
noncompliance. If the person disputes the NCE
charges, the person must notify the Director of Moni-
toring and Research, in writing, of such dispute With -
in 30 days of receipt of the NCE invoice, together
with the reasons why the person disputes the
charges. All disputes regarding NCE charges will be
handled in accordance with Article V, Section 10 of
this Ordinance.
COMPLIANCE SCREENING / REVIEW
All IU self - reports and reports generated by Dis-
trict inspection and sampling of Us will be reviewed
by the Industrial Waste Division, Enforcement Sec-
tion for incidents of noncompliance with applicable
standards. Reports will be reviewed and enforce-
ment actions will be taken in response to any inci-
dents of noncompliance in accordance with the fol-
lowing schedule.
A. IU Self- reports
All IU self - reports will be reviewed within 45 days
of receipt of said self- report. Enforcement action will
be initiated within 60 days of receipt of the report, if
required.
B. District Inspection and Sampling Reports
In conformance with 40 CFR 403.8(f)(2), the Dis-
trict will inspect and sample each SIU at least an-
nually. The District will inspect and sample each IU
found in noncompliance to verify the IU's claims that
compliance has been attained. For instances of sig-
29
nificant noncompliance, verification inspection and
sampling will be performed within 60 days of the IU's
compliance date- For nonsignificant instances of
noncompliance, certification inspection and sampling
will be performed within 90 days of the IU's final
compliance date. Sample collection and analysis
shall be performed in accordance with 40 CFR 136.
All District inspection and sampling reports will be
reviewed within 45 days of the receipt of said District
inspection or sampling report and complete analyti-
cal data by the Industrial Waste Division, Enforce-
ment Section. Enforcement action will be initiated
within 60 -days of receipt of the complete report, if
required.
C. Enforcement Actions by Director
All enforcement response actions taken by the
Director (NONE, NONC, NONBMR, C &DR, C &D)
shall be initiated within the time periods indicated in
Paragraphs A and B above.
D. Enforcement Actions by Attorney
All enforcement responses which require action
by the Attorney (SC, CT, CR) will be recommended
to the Attorney by the Director within the time pe-
riods indicated in Paragraphs A and B above. The
Attorney will take action on all recommendations
from the Director within 30 days of receipt of said
recommendation.
SIGNIFICANT NONCOMPLIANCE
For the purpose of determining an appropriate
enforcement response, incidents of noncompliance
will be deemed Significant Noncompliance in accor-
dance with the following evaluations:
A. Effluent Discharge Standards
An IU exhibiting chronic (occurring repeatedly as
evidenced by District and /or self - reported sampling
analysis) incidents of noncompliance will be deemed
in Significant Noncompliance if 50 percent or more
of all effluent discharge analyses for samples taken
during a six month period exceed the daily maximum
limit or the average limit for the same parameter.
An IU exhibiting acute (occurring occasionally or
intermittently as evidenced by District and /or self -
reported sampling analysis) incidents of noncom-
pliance will be deemed in Significant Noncompliance
if 33 percent or more of all available effluent dis-
charge analyses for samples taken during a six
month period equal or exceed the product of the dai-
ly maximum limit or the average limit multiplied by
the following Technical Review Criteria (TRC).
1. For biochemical oxygen demand, total sus-
pended solids, and fats, oils, and greases ex-
cursions of Appendix B (local limits) the TRC
will be 1.4.
2 For all other pollutants (heavy metals, cya-
nide, phenols, toxic organic compounds or
fats, oils, and greases utilized as a surrogate
parameter), the TRC will be 1.2.
3. For pH, the TRC will be less than 3,5 pH
units or greater than 11.5 pH units.
An IU may also be deemed in Significant Non-
compliance if any single effluent discharge analysis
exceeds the product of the maximum daily limit mul-
tiplied by 5.0 or if pH falls below 3.0 or above 12.0.
An IU discharging an effluent in noncompliance
with any applicable effluent discharge limit will be
deemed in Significant Noncompliance whenever the
Director determines that the IU, either alone or in
combination with any other IU, has caused or contri-
buted to any incident of pass- through or interfe-
rence. An IU contributing to the threat of fire, explo-
sion or other damage to the sewerage system, or
causing a hazard to life or the environment, or con-
tributing to any other incident in response to which
the District must exercise its emergency authority to
halt such activity shall also be deemed in Significant
Noncompliance.
B. Reporting Requirements
An IU in noncompliance with any applicable re-
porting requirement, more than 45 days after the
report due date, will be deemed in Significant Non-
compliance.
C. Compliance Schedule
An IU subject to a compliance schedule executed
in response to any enforcement action taken by the
District, or to a compliance schedule executed pur-
suant to any applicable categorical pretreatment
standard, which fails to meet, within 90 days after
the schedule date, a compliance milestone or final
compliance date contained in its compliance sche-
dule, will be deemed in Significant Noncompliance.
D. Failure to Report Noncompliance
An IU who, through self- monitoring or other
means, becomes aware of an incident of noncom-
pliance, and who fails to report such incident of non-
compliance with the terms and conditions of the Or-
dinance, will be deemed in Significant Noncom-
pliance.
E. Other Conditions
An IU who is in noncompliance with any of the
terms and conditions of the Ordinance, upon the
determination of the Executive Director, shall be
deemed in Significant Noncompliance.
30
TEST OF GOOD FAITH EFFORT
When determining an appropriate enforcement
response to an incident of noncompliance, the Dis-
trict will consider the apparent attitude of the IU to-
ward the effort required to achieve and maintain
compliance with the Ordinance. If an IU appears to
be acting in good faith to comply with the Ordinance,
the District may choose an enforcement action on a
more conciliatory level than if an IU does not appear
to be acting in good faith to comply with the Ordin-
ance. For the purpose of establishing a good faith
effort on the part of an IU, the District will measure
the Us effort against the following standard, as
stated in Legislative History of the Clean Water Act,
No. 95 -14, Vol. 3, p.463. "The Act requires industry
to take extraordinary efforts if the vital and ambitious
goals of the Congress are to be met. This means
that business -as -usual is not enough. Prompt, vi-
gorous, and in many cases, expensive pollution con-
trol measures must be initiated and completed as
promptly as possible. In assessing the good faith of
a discharger, the discharger is to be judged against
these criteria. Moreover, it is an established prin-
ciple, which applies to this act, that administrative
and judicial reviews are sought on the discharger's
own time."
RESPONSE OPTION MATRIX
A, IU Reporting and Self- monitoring
Noncompliance
Failure to submit Facility Classification
Questionnaire (FCQ)
Failure to submit FCC
Failure to submit initial Baseline Monitoring
Report (BMR) or Discharge Authorization
Request (DAR), or to submit amended BMR
or DAR upon significant change in operation
Failure to submit initial BMR or DAR or to
submit amended BMR or DAR upon
significant change in operation
Failure to conduct self- monitoring
and to submit periodic reports
Failure to conduct self- monitoring
and to submit periodic reports
Minor deficiencies in periodic reports
Minor deficiencies in periodic reports
Major deficiencies in periodic reports, late reports
Major deficiencies in periodic reports, late reports
Failure to report effluent limit violation,
pretreatment system malfunction,
bypass or slug discharge (spill)
Failure to report effluent limit violation,
pretreatment system malfunction,
bypass or slug discharge (spill)
Failure to report effluent limit violation,
pretreatment system malfunction,
bypass or slug discharge (spill)
Failure to report effluent limit violation,
pretreatment system malfunction,
bypass or slug discharge (spill)
Failure to report effluent limit violation,
pretreatment system malfunction,
bypass or slug discharge (spill)
Failure to report new or increased
pollutant loading or change in flow
Failure to report new or increased
pollutant loading or change in flow
Circumstances Response
Initial occurrence C &DR
Repeated occurrence, C &DR or SC"
failure to comply with C &DR
Initial occurrence C &DR
Repeated occurrence SC or CT
Isolated occurrence C &DR
Repeated occurrence;
SC or CT
failure to comply with C &DR
Isolated occurrence
C &DR
Repeated occurrence;
C &DR or SC
failure to comply with C &DR
Isolated occurrence
C &DR
Repeated occurrence;
SC or CT
failure to comply with C &DR
Isolated occurrence; no
C &DR
interference of pass - through
Repeated occurrence; C &DR or SC
failure to comply with C &DR;
no interference
or pass- through
Isolated occurrence; C &DR or CT
interference or pass- through or CR
Repeated occurrence, SC or CT or CR
interference or pass- through
Any incident with known CT or CR
POTW or environmental
Damage
Isolated occurrence C &DR
Repeated occurrence C &DR or SC
31
Noncompliance
Circumstances
Response
Failure to submit schedule of
Isolated occurrence
C &DR
batch or infrequent discharges
No impact on final date
Failure to submit schedule of
Repeated occurrence;
C &DR or SC
batch or infrequent discharges
failure to comply with C &DR
SC
Failure to report batch or infrequent discharge
Isolated occurrence
C &DR
Failure to report batch or infrequent discharge
Repeated occurrence
C &DR or
90 days, good cause
SC or CT
Willful submission of false information
Any incident
CR
B. Compliance Schedules
Noncompliance
Circumstances
Response
Willful submission of false information
Any incident
CR
Missed interim date
No impact on final date
For C &D
C &D
For SC
SC
For CT
CT
Missed interim date
Delay of final date less than
90 days, good cause
For C &D
C &D
For SC
SC
For CT
CT
Missed interim date
Delay of final date greater than
90 days, good cause
For C &D
SC
For SC
SC
For CT
CT
Missed interim date
Delay of final date,
Lacking good cause
For C &D
SC or CT
For SC
SC or CT
For CT
CT
Missed final date
Good cause, non -SNC
For C &D
C &D or SC
For SC
SC or CT
For CT
CT
Missed final date
Good cause, SNC
For C &D
SC
For SC
CT
For CT
CT
Missed final date
No good cause
For C &D
SC or CT
For SC
CT
For CT
CT
32
C. Effluent Limits
Noncompliance
Circumstances
Response
Non -SNC, local limits
Isolated occurrence
NONB
Non -SNC, categorical pretreatment limits
Isolated occurrence except
NONC
BMR verification sampling
Non -SNC
Repeated occurrence
C &D or SC
Categorical pretreatment standards
BMR verification sampling
NONBMR
Categorical pretreatment standards
NONBMR compliance
C &D
Sampling
SNC
Isolated occurrence
C &D or SC
SNC
Repeated occurrence;
C &D or
failure to comply with C &D
SC or CT
Any limit
Isolated occurrence;
C &D or CT
interference or pass- through
Any limit
Repeated occurrence;
SC or CT
interference or pass- through
Any limit
Any incident with known
CT or CR
POTW or environmental
Damage
Slug load (spill)
Isolated occurrence; no
C &D or SC
interference or pass- through
or CT or CR
Slug load (spill)
Repeated occurrence; no
C &D or SC
interference or pass- through
or CT or CR
Slug load (spill)
Isolated occurrence;
C &D or
interference or pass- through
CT or CR
Slug load (spill)
Repeated occurrence;
SC or CT or CR
interference or pass- through
Slug load (spill)
Any incident with known
CT or CR
POTW or environmental
Damage
Any discharge from regulated
Any incident
C &D or CT
categorical IU without approved BMR
Any discharge from IU in violation of BO
Any incident
SC or CT
33
D. Dilution
Noncompliance
Circumstances
Response
Dilution of an effluent to achieve compliance
Isolated occurrence
C &D
with an effluent limitation
Dilution of an effluent to achieve compliance
Repeated occurrence;
C &D or SC
with an effluent limitation
failure to comply with C &D
E. Entry and Access to Sampling Facilities
Noncompliance
Circumstances
Response
Failure to allow entry for inspection
Isolated occurrence
C &D
Failure to allow entry for inspection
Repeated occurrence;
C &D or SC
failure to comply with C &D
Failure to allow access for effluent sampling
Isolated occurrence
C &D
Failure to allow access for effluent sampling
Repeated occurrence;
SC
failure to comply with C &D
F. Other Requirements
Noncompliance
Circumstances
Response
Failure to comply with any requirement
Isolated occurrence,
C &D
of Ordinance or Order of ED
no impact on POTW
Failure to comply with any requirement
Repeated occurrence,
C &D or SC
of Ordinance or Order of ED
no impact on POTW;
failure to comply with C &D
Failure to comply with any requirement
Any incident, interference
C &D or CT
of Ordinance or Order of ED
or pass - through
or CR
Failure to comply with any requirement
Any incident with known
CT or CR
of Ordinance or Order of ED
POTW or environmental
Damage
Failure to comply with any BO
Any incident of SNC
SC or CT
G. Civil and Criminal Referral Considerations
Noncompliance Circumstances Response
Failure to comply with an applicable statute Any incident CR
of state of Illinois or federal regulation,
any incident with evidence of willful intent
'Whenever optional responses are stated, the office of the Director of Monitoring and Research will select the option
based on the nature and severity of the incidents(s) and surrounding circumstances.
34
APPENDIX G
to the
SEWAGE AND WASTE CONTROL ORDINANCE
PROVISIONS APPLICABLE TO NATIONAL IN-
DUSTRY SECTOR
INITIATIVES AND XL PROJECT
This Appendix deleted effective November 4,
2004,
35