Chapter 13.12

SEWERS

Sections:

13.12.100 Purpose and Policy

This chapter sets forth uniform requirements for Users of the Publicly Owned Treatment Works for the purpose of enabling the City to comply with applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this chapter are:

A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;

B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;

C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;

E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and

F. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.

This chapter shall apply to all Users of the Publicly Owned Treatment Works. The chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

13.12.110 Administration

Except as otherwise provided herein, the Director of Public Works shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other City personnel.

13.12.120 Abbreviations

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

• BOD - Biochemical Oxygen Demand

• CFR - Code of Federal Regulations

• COD - Chemical Oxygen Demand

• EPA - U.S. Environmental Protection Agency

• FOG - Fats, oil and grease

• GPD - gallons per day

• IEPA - Illinois Environmental Protection Agency

• MG/L - milligrams per liter

• NPDES- - National Pollutant Discharge Elimination System

• POTW - Publicly Owned Treatment Works

• RCRA - Resource Conservation and Recovery Act

• SIC - Standard Industrial Classification

• TSS - Total Suspended Solids

• U.S.C. - United States Code

13.12.130 Definitions

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

1. Accidental Discharges. Unplanned release of substances either directly or indirectly in such magnitude to cause substantial effects on receiving systems or treatment processes. Release is the result of accident, act of nature or operational malfunctions.

2. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

3. Administrator. The Administrator of the United States Environmental Protection Agency.

4. Applicable Pretreatment Standards. For any specified pollutant, the prohibitive discharge standards, specific limitations on discharge, the State of Illinois pretreatment standards or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.

5. Approved. Item or procedure must meet the conditions of and be accepted by the City of St. Charles.

6. Approval Authority. USEPA

7. Authorized Representative.

a. If the User is a corporation:

1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

c. If the User is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

d. If the User is a limited liability partnership, limited liability company, or any other entity not previously described:

1. a person in charge of principal business functions or any other person who performs similar policy or decision-making functions for the entity; or

2. the manager of one or more manufacturing, production, or operation facilities employing more than two hundred-fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with the entity's procedures; or

3. any person having written authorization satisfying the requirements of paragraph e from such entity.

e. The individuals described in paragraphs a through d, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

f. If an authorization under paragraph e is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of paragraph e must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

8. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 centigrade, usually expressed as a concentration (e.g., mg/l).

9. Building Sanitary Sewer. A sewer which carries only sewage and industrial wastes from the building plumbing to the public sanitary sewer.

10. Building Storm Sewer. A sewer which carries storm drainage, surface water, foundation drainage and roof drainage but excludes sewage and industrial wastes from the building plumbing to a public storm sewer or natural outlet.

11. Bypass. The intentional diversion of wastestreams from any portion of a User's treatment facility.

12. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

13. Carbonaceous Biochemical Oxygen Demand or CBOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter, excluding the quantity of oxygen utilized for nitrogenous oxygen demand.

14. City. The City of St. Charles, Kane and DuPage Counties, Illinois.

15. Compatible Pollutant. Biochemical oxygen demand, suspended solids, FOG, pH and fecal coliform bacteria.

16. Composite Sample. Sample of wastewater based on a flow proportional or time proportional method.

17. Concentration Limitations. The limits imposing the amount of a given substance in a discrete unit volume of a solution or applied to a unit weight of solid.

18. Control Authority. The City of St. Charles.

19. Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.

20. Director of Public Works. The Director of Public Works of the City, or his authorized deputy, agent or representative.

21. Discharge The discharge of treated or untreated wastewater to the POTW.

22. Discharger. Any person, firm, establishment, or institution which discharges wastewater, excluding inflow and infiltration, to a sanitary sewer which eventually leads into a City-owned sanitary sewer or treatment plant. Each single connection is a separate discharge by a discharger. "User" is used interchangeably with "Discharger".

23. Easement. An acquired legal right for the specific use of land owned by others.

24. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director of Public Works, or other duly authorized official of said agency.

25. Environmental Remediation Water. Discharges from soil and/or groundwater remediations.

26. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

27. FOG. Any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other material that is extracted by freon solvent.

28. Garbage. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

29. General Pretreatment Regulations. The General Pretreatment Regulations for Existing and New Sources, 40 CFR Part 403, as amended.

30. Grab Sample. A sample which is taken from a waste stream with no regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

31. Hazardous Waste. Any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.

32. Illinois Act. The Environmental Protection Act, as amended 415 ILCS 5/1 et seq.

33. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

34. Incompatible Pollutant. Any pollutant which is not a compatible pollutant as defined in this section.

35. Industrial User. A source of indirect discharge, including but not limited to, a manufacturing, commercial or process facility, or other facility engaged in the purchase or sale of goods, transaction of business or who otherwise renders services to the public.

36. Industrial Wastes. The liquid wastes from industrial processes as distinct from sanitary sewage.

37. Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

38. Interference. A discharge, which, 1) alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts a POTW, its treatment processes or operations or its sludge processes, use or disposal; and, 2) therefore, is a cause of a) a violation of any NPDES permit or other permit of the City issued by any State or Federal agency or b) of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or of permits issued thereunder, or of any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

39. Local Limits. Limits on discharges established by the City in Section 13.12.430.

40. Mass Limitation. Limits imposed upon a discharger based upon volumes or concentrations that are converted to weight units.

41. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

42. Milligrams per liter. A unit of the concentration of water or wastewater constituent. It is 0.001 grams of the constituent in one thousand milliliters of water.

43. National Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR Section 403.5.

44. Natural outlet. Any outlet into watercourse, pond, ditch, lake or other body of surface water or groundwater.

45. New Source.

1. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication in the Code of Federal Regulations of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section 307(c), provided that:

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

b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

2. A site at which an existing source is located and where construction results in a modification rather than a source as defined in Paragraph 43(1) above, provided the construction does not create a new building, structure, facility, or installation meeting the criteria of Paragraph 43 (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.

3. A site where construction has commenced, including where the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program,

ii. any placement, assembly, or installation of facilities or equipment; or

ii. site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which are necessary for the placement, assembly, or installation of new source facilities or equipment; or

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

46. Non-Residential Dischargers. All dischargers excluding residential dischargers.

47. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

48. NPDES Permit. Any permit or equivalent document or requirements issued by the Administrator or, where appropriate, by the Director of the IEPA, after enactment of the Federal Water Pollution Control Amendments of 1972, to regulate the discharge of pollutants pursuant to Section 402 of the Act.

49. Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of a City NPDES Permit, including an increase in the magnitude or duration of a violation.

50. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, limited liability company, limited liability partnership, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.

51. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

52. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

53. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

54. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a User, other than a pretreatment standard.

55. Pretreatment Standards. Prohibited discharge standards, categorical standards, and local limits.

56. Prohibited Discharge Standard. Any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR Part 403.5.

57. Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; such prohibitions appear in Section 13.12.400.

58. Publicly Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the Act (33 U.S.C. §1292) which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant owned by the City.

59. RCRA. The Resource Conservation and Recovery Act, Public Law 94-482 including all subsequent amendments and applicable regulations promulgated pursuant thereto.

60. Required. That the tasks stated must be done.

61. Residential User or Commercial User. A nonindustrial User and means any User of the treatment works not classified as an Industrial User or excluded as an Industrial User by this Chapter.

62. Shall and May. shall is required; may is permissive.

63. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

64. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).

65. Significant Industrial User.

1. A User subject to categorical pretreatment standards; or

2. A User that:

a. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

3. Upon a finding that a User meeting the criteria in paragraph (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.

66. Slug Load or Slug. Any discharge at a flow rate or concentration which potentially would cause interference with the POTW and/or a violation of the prohibited discharge standards in Section 13.12.400. Any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period or duration longer than fifteen minutes, more than five times the average twenty-four hour concentration of flows during normal operation and in no event more than five times the allowable concentration of constituents set forth in this Chapter or the User's permit or any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which potentially will cause interference with the POTW and/or violate prohibited discharge standards in Section 13.12.400.

67. Solid Wastes. Any trash, ashes, rags, bottles, tin cans, tree limbs, manure of domestic animals, offal, dead animals or portions thereof, foodstuffs, and wastes thereof other than normally contained in sanitary sewage and any and all other solid objects, materials, refuse or debris. The term ashes shall include the residuum resulting from the combustion of coal, coke, wood or any other material or substance and shall include soot, cinders, slag, and charcoal.

68. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

69. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

70. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. Nonfilterable solids expressed in milligrams per liter, contained in wastewater and measured by the methods set forth in "Standard Methods for the Examination of Water and Wastewater" or such other method as approved by the United States Environmental Protection Agency.

71. SWDA. The Solid Waste Disposal Act, 42 U.S.C. §6901 et seq.

72. TSS. Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering.

73. Toxic Pollutants. Any pollutant or combination of pollutants listed in regulations promulgated by the Administrator under provision of the Act.

74. Unpolluted Water. Water of quality equal to or better than effluent criteria in effect, or water that would not cause violation of receiving stream quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

75. User. A source of indirect discharge.

76. User Severe Property Damage. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

77. Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

78. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

79. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

13.12.200 Sewer engineering and installation.

All sanitary and storm sewer systems shall be engineered and installed in accordance with Chapter 16, Subdivisions and Land Improvement and 18, Flood Damage Protection, respectively, of the St. Charles Municipal Code.

13.12.201 Overhead Sanitary Sewers

A. All building sewers shall be overhead sewers, and are required where the subdivision’s preliminary plan was approved after the effective date of this Chapter. No building sewers shall be laid parallel to or within three feet (3’) of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade in a straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.

B. An overhead sewer shall be required to be constructed in the lowest level of all new structures where the lowest level is three feet below the elevation of the crown of the street adjacent to the structure when such structures contain a toilet or shower facility within the lowest level.

Plumbing fixtures to be served by an overhead sewer shall drain into an ejection pit with pump and tight seal lid which meets the requirements of the Illinois State Plumbing Code. The ejector pit shall be properly sealed, vented and located to receive sewage by gravity flow from which the liquid shall be lifted and discharged into the sanitary sewer service. The discharge size of the pump shall be a minimum of two inches, and discharge line shall be quipped with a backwater checkvalve, and ball valve. Plumbing fixtures above the aforesaid elevation shall drain entirely by gravity and shall not be drained through the ejection pit.

C. Where an overhead sanitary sewer system is not required by this Section, a threaded floor drain and plug shall be required to be constructed in the basement of any structure with a level lower than three feet below the elevation of the crown of the street adjacent to the residence.

D. Where an overhead sanitary sewer system is not required by this Section, a manual shutoff valve will be required for all utility tubs which are installed in the basement of any structure with a level lower than three feet below the elevation of the crown of the adjacent street.

(Ord. 1997-M-135 § 1.)

13.12.202 Connection permit requirements - Application and issuance.

A. It is unlawful to make any connection with any City sewer without first having obtained a permit therefor.

B. Applications for connection permits shall be made to the Building Commissioner and shall be accompanied by a statement setting forth the purpose of connecting to a City sewer, the premises to be served, the specifications of the sewer pipe to be connected and the drain from the house to the sewer pipe.

C. No permit for connection to any City sewer shall be issued by the Building Commissioner unless it is determined that all applicable ordinances of the City are complied with including all applicable state and federal requirements.

D. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Building Commissioner.

13.12.205 Discharge of stormwater and other unpolluted drainage to sanitary sewer prohibited.

A. No person owning, or in possession of real estate, shall discharge, or cause or permit to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted waters to any sanitary sewer.

B. All downspouts, outside stairwells and roof drains shall discharge onto the ground or be connected to storm sewers, drainage ditches or storm drainage systems. Footing drains shall be connected to sump pumps and discharge shall be made into storm sewers, sewer lines connected to storm sewers, drainage ditches or storm drainage systems. Sump pumps installed to receive and discharge groundwaters or surface waters shall be connected to a storm sewer or into a drainage ditch or storm drainage system. Sump pumps installed to receive and discharge building floor drain flow, laundry tubs or other wastewater shall be connected to the sanitary sewers pursuant to Section 15.04.050. Each individual sump pump shall be used for one function only, either the discharge of uncontaminated storm related groundwaters or the discharge of wastewater.

13.12.210 Unlawful use or construction of private sewage disposal systems.

It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in Section 13.12.235.

13.12.215 Connection of certain sewers to public sanitary sewer prohibited.

It is unlawful for any person owning or in possession of real estate to connect, permit to be connected or permit to remain connected any sewer to a public sanitary sewer which sewer receives roof drainage, foundation drainage, surface water or groundwater.

13.12.220 Construction of combined sewers prohibited.

It is unlawful to construct combined sewers or other facilities intended to receive both runoff and sewage. Separate sanitary sewers and separate storm sewers shall be provided.

13.12.225 Installation of toilet facilities required by owner.

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated in the City and abutting on any street, alley, right-of-way, or easement in which there is now located, or may in the future be located, a public sanitary sewer of the City, are required at their expense to install suitable toilet facilities connecting directly with the proper public sewer in accordance with the provisions of this Chapter, within ninety days after date of official notice to do so; provided, that said public sewer is within one hundred feet of the property line and any downstream portion of the wastewater facilities has sufficient capacity to handle the additional flow.

13.12.230 Unauthorized destruction or defacement of sewage equipment prohibited.

No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances, or equipment which is a part of the City sewage works.

13.12.235 Private sewage disposal systems requirements generally.

A. Where a public sanitary sewer is not available under the provisions of this Chapter, the building sanitary sewer shall be connected to a private sewage disposal system complying with the provisions of the section.

B. Permit and Fee. No construction shall be permitted for any private sewage disposal system or for any building to be served by a private sewage disposal system, within the City limits, unless a permit for private sewage disposal system has first been obtained from Kane or DuPage Counties. In addition, no permit will be issued unless the construction is to be done by an Illinois Department of Public Health licensed private sewage disposal system contractor. All percolation tests and private sewage disposal system plans shall be completed in conformance with Kane or DuPage County regulations, based on location of property and shall conform to City ordinances. No criteria shall be less stringent than the criteria of the Illinois State Plumbing Code, 225 ILCS 320/1 and the Private Sewage Disposal Licensing Act, 225 ILCS 225/1. Percolation tests shall be conducted and evaluated under the supervision of a registered professional engineer licensed to practice in Illinois.

C. Adoption of Code. There is adopted by the City Council those certain codes, three copies of which have been and are now on file in the Office of the Clerk of the City, which are known as the Illinois State Plumbing Code and the Private Sewage Disposal Licensing Act, the same being hereby adopted and incorporated as fully as if set out at length herein.

D. Inspections and Cleaning. All private sewage disposal systems installed and operated within the City limits may be subject to inspection by the City, to determine if the system is functioning properly and which determination shall include, but not be limited to, a finding concerning the following:

1. Contaminated surface or ground water;

2. Odorant production;

3. Depth of sludge in the septic tank;

4. Clogged seepage field;

5. Improper draining of the plumbing fixtures as a result of clogged septic tank and/or seepage field;

6. Contaminated footing drain sump water.

If, after inspection, it is determined that the private sewage system is not functioning properly, the owner and/or occupant shall be notified in writing to have the necessary work performed to correct the malfunction. If modifications to the system are required and are allowable, pursuant to the Illinois State Plumbing Code and the Private Sewage Disposal Licensing Act and Code, both as modified herein, said modifications shall be done by a licensed private sewage disposal contractor. The owner and/or occupant shall be given a reasonable amount of time. It is the responsibility of the property owner and occupant to have the septic tank cleaned no less than once every five years. The City may require the property owner to submit a copy of the paid bill for such cleaning and services rendered by a licensed private sewage disposal contractor. The City may maintain a file system to inform property owners and occupants of the necessity for cleaning the septic tank.

E. In the event the malfunction cannot be corrected by cleaning and the property is within one hundred (100) feet of an accessible public sewer system, the private system shall be disconnected and connection made to the public sewer system.

13.12.240 Building sewers - Requirements generally.

A. A separate and independent building sanitary sewer shall be provided for every building. The sanitary sewer service shall be installed to within ten (10) feet of the center of each lot or as otherwise approved by the Building Commissioner. A building having one common wall with another building is considered a separate building and shall have its own sanitary sewer.

B. Existing building sanitary sewers and/or storm sewers may be used in connection with new buildings only when they are found on examination and test by the Building Commissioner to meet all requirements of this chapter.

C. New building sanitary and/or storm sewers shall be installed in accordance with the standards and procedures set forth in Chapter 16.

13.12.245 Building sewers - Owner and Occupant responsibility for cost of installation and connection.

All costs and expense incidental to the installation and connection of the building sewers shall be borne by the owner and occupant jointly and severally. The owner shall indemnify and hold the City harmless from any liability or loss including reasonable attorneys fees arising out of or in connection with the installation of the sewer for a building, except, to the extent prohibited by law.

13.12.250 Owner and Occupant Responsibility for Maintenance

The owner and occupant of the premises served by the public sewer system shall jointly and severally properly maintain and operate a building service sewer, house connection or sanitary sewer line to the point of connection to the City sewer system. Maintenance means keeping the sanitary sewer connection, sewer lines and other sewer facilities in satisfactory working condition and in a good state of repair (including but not limited to preventing any obstruction of extraneous material or flows from entering said facilities, protecting said facilities from any damage and keeping same free from defects or malfunctions), and making necessary provisions and taking necessary precautions to assure that said sewer facilities are at all times capable of satisfactorily performing the services and adequately discharging the facilities are intended to perform, discharge or produce.

13.12.265 Inspections of residences to be connected to sewer system.

A. Upon payment of the permit fee, the Building Commissioner shall make the following inspections of each residence to be connected to the sewage system:

1. An inspection shall be made at the time the sewer ditch is opened and the connection is made to the sewer system to determine that there is proper grade and connection.

2. An inspection shall be made before the fill is put around the foundation and while the tile is still exposed around the foundation to see that there has been no connection of such drain tile with the sanitary sewer system. The second inspection shall also include the inspection of rough plumbing on the inside of the residence.

3. A third and final inspection shall be made after the eaves-troughs and downspouts have been installed to see that there is no connection of the aforesaid with the sanitary sewer. This final inspection shall also include an inspection of the fixture connections within the residence.

B. The provisions of the St. Charles Municipal Code relating to excavations in streets shall be complied with in making excavations in streets or other public places for sewer connections.

13.12.300 Use of storm sewers.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to an outlet approved by the Director of Public Works. Industrial cooling water or unpolluted water may be discharged, upon approval of the Director of Public Works, to a storm sewer, or natural outlet, subject however, to the delivery of a copy of all necessary State and Federal Permits to the Director of Public Works.

13.12.310 Unlawful discharge of polluted substances into natural outlets.

It is unlawful to discharge into any natural outlet within the City, or in any area under the jurisdiction of the City, any sanitary sewage, industrial wastes, or any other polluted water, except where suitable treatment has been provided in accordance with the provisions of this Chapter.

13.12.320 Connection of devices discharging polluting substances to stormwater drains prohibited.

It is unlawful for any person, firm, or corporation to connect or cause to be connected, any drain carrying, or to carry, any toilet sink, basement, septic tank, cesspool, industrial waste, or any fixture or device discharging polluting substances, to any stormwater drain.

13.12.330 Maintenance of stormwater detention and retention basins.

A. Maintenance. The owner or person in possession, if not the owner, of a detention or retention basin shall maintain the same as follows:

1. Control the growth of noxious weeds;

2. Control the creation of conditions which support the growth of mosquitoes and other insects;

3. Control the decrease in available storage by accumulated sediments; and

4. Clean up accumulated debris, flotsam and other materials after run off events have subsided.

The City may accept maintenance assignments of basins, but only through specific acceptance and approval by resolution of the City Council.

B. Inspections. All privately owned detention and retention basins installed and operated within the City limits shall be subject to inspection by the City to determine the physical conditions of required storage capacity and the operational conditions of key elements of the basin and appurtenances.

C. Corrective Measures. If, after inspection, it is determined that the basin and appurtenances are not functioning properly, the owner and person in possession, if not the owner, shall be notified in writing to have the necessary work performed to eliminate the malfunctions. If modifications to the basin and appurtenances are required, they shall be completed in accordance with the provisions of Sections 18.34.52 through 18.34.53 of the St. Charles Municipal Code. The owner and occupant shall be given a reasonable amount of time. The City shall maintain a file system to inform the owner or person in possession, if not the owner, of the necessity for cleaning the basin and appurtenances. The failure of the City to maintain such file system or failure to notify an owner or person in possession shall be no defense to an action taken pursuant to this section.

13.12.400 Prohibited Discharge Standards

A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions and the specific prohibitions in paragraph B of this section apply to all Users of the POTW whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements.

B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140F (60C) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.5 or more than 9, or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half inch (1/2") or 1.27 centimeters;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

5. Wastewater having a temperature greater than 157F (65C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104F (40C);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

8. Trucked or hauled pollutants;

9. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby causing a violation of a City NPDES permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;

12. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director of Public Works in a wastewater discharge permit;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Medical wastes, except as specifically authorized by the Director of Public Works in a wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

16. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

17. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l.

18. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter;

19. Hazardous Waste.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

13.12.410 National Categorical Pretreatment Standards

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471, as published in the Code of Federal Regulations, revised as of July 1, 1994, published by the Office of the Federal Register, National Archives and Records Administration are hereby incorporated by reference.

1. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director of Public Works may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director of Public Works shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

3. A User may obtain a variance from USEPA, or if authorized, IEPA of a categorical pretreatment standard if the User can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

4. A User may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

5. The User shall identify the Pretreatment Standards applicable to each regulated process.

13.12.420 State Pretreatment Standards

State pretreatment standards located at Title 35: Subtitle C, Chapter 1, Section 302 are hereby incorporated by reference.

13.12.430 Local Limits

The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing pollutants in excess of the following:

62.0 mg/L Ammonia

0.69 mg/L Arsenic

2.00 mg/L Barium

574 mg/L CBOD

0.85 mg/L Cadmium

0.50 mg/L Chromium (hex)

3.00 mg/L Chromium

1.00 mg/L Chromium (tri)

1000 mg/L COD

1.00 mg/L Copper

0.50 mg/L Cyanide

123 mg/L FOG

45.0 mg/L Fluoride

3.00 mg/L Iron (dissolved)

32.0 mg/L Iron

0.50 mg/L Lead

4.00 mg/L Manganese

0.0005 mg/L Mercury

3.00 mg/L Nickel

0.80 mg/L Phenols

1.00 mg/L Selenium

0.20 mg/L Silver

3500 mg/L Total Dissolved Solids

540 mg/L Total Suspended Solids

7.50 mg/L Zinc

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Director of Public Works may impose mass limitations in addition to, or in place of, the concentration based limitations above. (Ord. 1996-M-72 § 1.)

13.12.440 The City's Right of Revision

The City reserves the right to establish, by chapter or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.

13.12.450 Dilution

No User shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director of Public Works may impose mass limitations on Users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

13.12.460 Pretreatment Facilities

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this chapter including Sections 13.12.400, 13.12.410, 13.12.420, and 13.12.430 within the time limitations specified by EPA, the State, or the Director of Public Works, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director of Public Works for review, and shall be approved in writing by the Director of Public Works before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter.

13.12.470 Additional Pretreatment Measures

A. Whenever deemed necessary, the Director of Public Works may require Users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the User's compliance with the requirements of this chapter.

B. The Director of Public Works may require any User discharging into the POTW to install and maintain, on the User's property and at the User's expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director of Public Works, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential Users. All interception units shall be of type and capacity approved by the Director of Public Works and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the User at the User's expense.

D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

13.12.480 Accidental Discharge/Slug Control Plans

At least once every two (2) years, the Director of Public Works shall evaluate whether each Significant Industrial User needs an accidental discharge/slug control plan. The Director of Public Works may require any Significant Industrial User to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the Director of Public Works of any accidental or slug discharge, as required by Section 13.12.570; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

13.12.485 Accidental Discharges

Each User shall provide protection from an accidental discharge of prohibited materials, regulated materials or any other substances regulated. Where necessary, facilities to prevent an accidental discharge of the above mentioned materials shall be provided and maintained at the User's own cost and expense. Detailed plans showing facilities and operating procedures to the city for review, and shall be approved by the city before construction and operation of the facility. Review and approval of such plans and operating procedures shall not relieve the User from the responsibility to modify the User's facility as necessary to meet all the requirements.

Users shall notify the City immediately upon knowing of the discharge of substances prohibited or regulated by this chapter. Notification shall include location of discharge, date and time thereof, type of waste, concentrations and volume, and corrective actions to be taken. The User shall be required to submit a written explanation of any "slug loads" or accidental discharges within five working days after the first notification.

Signs shall be permanently posted in conspicuous places advising employees whom to call in the event of an accidental spill of prohibited materials. In lieu of using signs, User may use an alternative method for training employees in the procedures for reporting of accidental discharges.

Follow up reports may be required as needed. Such report, or reports, shall not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report relieve the User of any fines, civil penalties, or other liability which may be imposed by this chapter or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available, result in the revocation of the discharger's wastewater permit.

13.12.500 Wastewater Discharge Permit Requirement

A. No Significant Industrial User shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director of Public Works, except that a Significant Industrial User that has filed a timely application pursuant to Section 13.12.540 of this chapter may continue to discharge for the time period specified therein, provided the discharge in all other respects does not violate any provision of this chapter.

B. The Director of Public Works may require other Users as well as Significant Industrial Users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set forth in this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements and local limits or with any other requirements of Federal, State, and local law.

13.12.505 Wastewater Analysis

When requested by the Director of Public Works, a User shall submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Director of Public Works is authorized to prepare a form for this purpose and may periodically require Users to update this information.

13.12.510 Industrial User Wastewater Discharge Permit Application.

A. Applications for discharge permits shall be made to the Director of Public Works and shall be accompanied by a statement setting forth the purpose of connecting to a City sewer, the premises to be served, the specifications of the sewer pipe to be connected and the drain or drains from the structure to the sewer pipe.

B. Industrial Users, when issued a wastewater discharge permit by the City shall pay a fee of $100.00. Such fee is due and payable prior to the discharge permit being issued, modified or renewed.

13.12.520 Wastewater Discharge Permitting: Existing Source

Any User required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to May 25, 1995 and who wishes to continue such discharges in the future, shall, within ninety (90) days after May 25, 1995, apply to the Director of Public Works for a wastewater discharge permit in accordance with Section 13.12.540 of this chapter, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Director of Public Works.

13.12.530 Wastewater Discharge Permitting: New Source

Any User required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW shall obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 13.12.540 of this chapter, shall be filed at least one hundred eighty (180) days prior to the date upon which any discharge will begin or recommence.

13.12.540 Wastewater Discharge Permit Application Contents

All Users required to obtain a wastewater discharge permit shall submit a permit application. The Director of Public Works may require all Users to submit as part of an application the following information:

A. All information required by Section 13.12.600(B);

B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

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

D. Each product produced by type, amount, process or processes, and rate of production;

E. Type and amount of raw materials processed (average and maximum per day);

F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

G. Time and duration of discharges; and

H. Any other information as may be deemed necessary by the Director of Public Works to evaluate the wastewater discharge permit application.

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

13.12.550 Application Signatories and Certification

All wastewater discharge permit applications and User reports shall be signed by an authorized representative of the User and contain the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

13.12.560 Wastewater Discharge Permit Decisions

The Director of Public Works will evaluate the data furnished by the User and may require additional information. A wastewater discharge permit application shall be deemed complete when the Director of Public Works has received all such data and additional information required, if any. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the Director of Public Works will determine whether or not to issue a wastewater discharge permit. The Director of Public Works may deny any application for a wastewater discharge permit. No permit shall issue without the specific approval of the Director of Public Works.

13.12.565 Wastewater Discharge Permit Duration

A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director of Public Works. Each wastewater discharge permit will indicate a specific date upon which it will expire.

13.12.570 Wastewater Discharge Permit Contents

A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director of Public Works to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits shall contain the following matters; provided, however, a failure to include any such matter shall not invalidate or limit the requirements of such permit:

1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;

2. A statement that the wastewater discharge permit is nontransferable;

3. Effluent limits based on applicable pretreatment standards;

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

5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.

6. Notification requirement to report to the City either orally or in writing, any violation of applicable pretreatment standards within twenty-four (24) hours of occurrence.

B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;

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

7. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsi