BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
CITY OF QUINCY, an Illinois municipal
corporation,
JUL 1 6 2008
Petitioner,
STATE
OF ILLINOIS
Pollution Control Board
v.
)
PCB No. 08-86
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
To:
Sonjay K. Sofat
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on the 14
th
day of July, 2008, I mailed the following
document for filing with the Clerk of the Pollution Control Board of the State of Illinois:
Petitioner
City of Quincy's Petition for Review of Agency
NPDES Permit Decision
a copy of which is attached hereto and herewith served upon you.
CITY OF QUIN
n Illinois municipal
corporation,
Pet
r
By
By
Joel A. Benoit
Fred C. Prillaman
Joel
A.
Benoit
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 N. Old Capitol Plaza, Ste. 325
Springfield, IL 62701
Telephone: 217/528-2517
Facsimile: 217/528-2553
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF QUINCY, an Illinois municipal
corporation,
Petitioner,
RECEIVED
CLERK'S OFFICE
JUL 1 6 2008
Pollution
STATE OF
Control
ILLINOIS
Board
v.
?
PCB No. 08-86
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PETITION FOR REVIEW OF AGENCY NPDES PERMIT DECISION
NOW COMES Petitioner City of Quincy, pursuant to Section 40 of the Illinois
Environmental Protection Act, 415 ILCS 5/40, and Part 105 of the Illinois Pollution Control
Board Rules, 35 Ill. Admin. Code 105, and hereby appeals National Pollution Discharge and
Elimination System Permit Number IL0030503, issued March 27, 2008, by Respondent Illinois
Environmental Protection Agency ("Agency").
I.
BACKGROUND
The City of Quincy, an Illinois municipal corporation, operates a combined sewer system
and a wastewater treatment facility. In part, the NPDES permit here appealed governs combined
sewer overflows (CSOs) into waters of the State.
None of the City of Quincy's CSOs have ever discharged into "sensitive areas" as that
phrase is defined in the federal CSO Control Policy of 1994. Accordingly, prior to 2007, all
NPDES permits issued to the City of Quincy contained express findings that none of the City of
Quincy's CSOs discharge into "sensitive areas". Consistent with its earlier determinations, the
Agency circulated a draft permit in early 2007 which similarly provided that none of the City of
Quincy's CSOs discharged into "sensitive areas." Later in 2007, though, the Agency
inexplicably changed its position and issued a second, draft permit stating that three of the City
of Quincy's outfalls (002, 006, and 007) do discharge into "sensitive areas."
In a letter dated August 28, 2007, the Agency attempted to explain the change in its
position as follows:
Current Agency practice is to designate streams through residential areas or public
use areas as having a high probability for primary contact activity. Additionally,
the 1994 CSO Control Policy lists recreational activities as primary contact in its
definition of a sensitive area. The Agency modified the Permit to indicate that
outfalls 002, 006 and 007 discharge to sensitive areas because of the above stated
reasons.
Prior to the issuance of the NPDES permit at issue in this case, the City of Quincy had
begun, with the Agency's approval, the process of developing a long-term control plan (LTCP)
for its CSOs in accordance with the federal CSO Control Policy of 1994. In part, this process
requires the City of Quincy to determine if there are any "sensitive areas" and, if so, take
appropriate action. This LTCP is not required to be submitted to the Agency until August 1,
2009.
Nevertheless, on March 27, 2008, the Agency issued NPDES Permit No. 1L0030503,
Special Condition 14(7) of which contains a determination that outfalls 002, 006, and 007
discharge to "sensitive areas" and requires the City of Quincy, within three months of the
effective date of the permit, to take steps to protect these "sensitive areas" or justify why it
cannot do so.
To date, the facts do not support designating any of the waters into which the City of
Quincy's CSOs discharge as "sensitive areas." Thus, the NPDES permit's designation of outfalls
002, 006, and 007 as discharging into "sensitive areas" is inconsistent with and thwarts the
ongoing, LTCP process, as it requires the City of Quincy to focus its limited resources and give
priority to addressing discharge areas that are not "sensitive areas" within three months of the
effective date of the NPDES permit to the detriment of the overall LTCP, which the Agency
itself does not require to be submitted until August 1, 2009. NPDES Permit No. 1L0030503,
Special Condition 14 (10) (March 27, 2008).
-2-
II.
THE AGENCY'S FINAL DECISION
Pursuant to 35 Ill. Admin. Code § 105.210(a), attached hereto is a copy of the NPDES permit
and the Agency's cover letter dated March 27, 2008.
III.
DATE OF PERMIT ISSUANCE
Pursuant to 35 Ill. Admin. Code § 105.210(b), the City of Quincy states that March 27,
2008, is the issue date of the NPDES permit. The NPDES permit states that its effective date is
April 1, 2008. The NPDES permit was served on the City of Quincy on March 28, 2008. On
May 15, 2008, per the Agency's and the City of Quincy's joint request, the Board extended the
appeal period until July 30, 2008.
IV.
GROUNDS FOR APPEAL
Pursuant to 35 Ill. Admin. Code § 105.210(c), the City of Quincy's grounds for appealing
that portion of Special Condition 14(7) designating the waters into which outfalls 002, 006, and
007 discharge into as "sensitive areas" and imposing conditions based upon those designations
are as follows:
A.
Outfalls 002, 006, and 007 do not discharge into "sensitive areas", as that phrase
is used in the federal CSO Control Policy of 1994; and
B.
The Agency's decision is contrary to the factual record in this case;
C.
The Agency's decision is contrary to the law;
D.
The Agency's decision is contrary to its own, prior actions and its own, prior
interpretations of applicable laws and policies;
E.
The Agency's decision is, in part, based upon the Agency's "current practice", as
set forth in its August 28, 2007, letter to Petitioner, and this "current practice" is
an Agency rule which was not properly promulgated and is, thus, invalid;
-3-
F.
Even if the Agency's "current practice" were properly promulgated, it is
inconsistent with the federal CSO Control Policy of 1994 because the Agency's
"current practice" for determining "sensitive areas" requires only that a stream
have a high probability for primary contact activity instead of requiring that the
stream actually be a water with primary contact recreational uses, as does the
federal CSO Control Policy of 1994;
G.
The NPDES permit's designation, without factual support, of outfalls 002, 006,
and 007 as "sensitive areas" and mandating that those outfalls be addressed within
three monhts of the effective date of the NPDES permit conflicts with that portion
of the City of Quincy's
LTCP
process and timeline set forth in Special Condition
14 (10) of the NPDES permit concerning the identification of "sensitive areas"
and taking appropriate action to protect "sensitive areas" so identified, and thereby
preempts the process and forces the City of Quincy to devote its limited resources
to the "sensitive areas" erroneously identified in the NPDES permit instead of to
the development and implementation of a fact based,
LTCP
as required by the
federal CSO Control Policy of 1994; and
H.
Even if it is determined that outfalls 002, 006, and 007 discharge into sensitive
areas, the federal CSO Control Policy of 1994 requires "sensitive areas" to be
addressed within the context of a
LTCP,
and here the NPDES permit requires that
they be addressed outside the LTCP and within an arbitrary three-month period
which conflicts with the
LTCP's
August 1, 2009, submittal date and which allows
insufficient time to perform the mandated acts.
V.
REQUESTED RELIEF
WHEREFORE,
Petitioner prays that: (a) Respondent produce the record; (b) a hearing be
held; (c) the Board find that the Agency's "current practice," as announced in its August 28,
-4-
Respectfully submitted,
CITY OF QUINCY, an
corporation,
P
ois municipal
2007, letter to Petitioner, is an invalid rule; (d) the Board direct that the Agency cease making
"sensitive areas" designations based upon its invalid rule; (e) the Board determine that
Petitioner's Outfalls 002, 006, and 007 do not discharge into "sensitive areas"; (f) the Board
remove those portions of Special Condition 14(7) of the NPDES permit setting forth the
Agency's erroneous determinations that Outfalls 002, 006, and 007 discharge into "sensitive
areas" and imposing obligations upon the Petitioner based upon those determinations; (g) the
Board direct the Agency to issue a permit whose conditions are consistent with the Board's
regulations; (h) the Board allow the Petitioner to identify and address any "sensitive areas" as
part of its long-term control plan and in a manner consistent with the federal CSO Control Policy
of 1994; (i) if any of Petitioner's CSO outfalls are found to discharge into "sensitive areas," the
Board grant Petitioner a reasonable time period to address these "sensitive areas;" and (j) the
Board grant Petitioner such other and further relief as is just.
By
R
C a gAml-li
"Joel A. Benoit
Fred C. Prillaman
Joel A. Benoit
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 N.
Old Capitol Plaza, Ste. 325
Springfield, IL 62701
Telephone: 217/528-2517
Facsimile: 217/528-2553
By
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
-
5 -
Sincerely,
A an eller, P.E.
Manager, Permit Section
Division of Water Pollution Control
•
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST,
P.O. Box
19276, SPRINGFIELD, ILLINOIS 62794-9276 - (
21 7) 782-33 9 7
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH,
SUITE 11-300,
CHICAGO, IL
60601 - (312) 814-6026
217'782-0610
ROD R. BLACOJEVICH, GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
March 27, 2008
°Ca
City of Quincy'
730 Maine Street
Quincy, Illinois 62301
Re:
City of Quincy
Quincy Wastewater Treatment Facility
NPDES Permit No. IL0030503
Final Permit
Gentlemen:
Attached
is the final NPDES Permit for your discharge. The Permit as issued covers discharge limitations,
monitoring, and reporting requirements. Failure to meet any portion of the Permit could result in civil and/or
criminal penalties. The Illinois Environmental Protection Agency is ready and willing to assist you in
interpreting any of the conditions of the Permit as they relate specifically to your discharge.
The Agency has begun a program allowing the submittal of electronic Discharge Monitoring Reports
(eDMRs) instead of paper Discharge Monitoring Reports (DMRs). If you are interested in eDMRs, more
information can be found on the Agency website, http://epa.state.il.us/water/edmr/index.html. If your facility
is not registered in the eDMR program, a supply of preprinted paper DMR Forms for your facility will be sent
to you prior to the initiation of DMR reporting tinder the reissued permit. Additional information and
instructions will accompany the preprinted DMRs upon their arrival.
The attached Permit is effective as of the date indicated on the first page of the Permit. Until the effective date
of any re-issued Permit, the limitations and conditions of the previously-issued Permit remain in full effect.
You have the right to appeal any condition of the Permit to the Illinois Pollution Control Board within a 35
day period following the issuance date.
Should you have questions concerning the Permit, please contact Ralph Hahn at the telephone number
indicated above.
SAK:REP:RJH:07032001.bah
Attachment: Final Permit
CC:?
Records
Compliance
Assurance
Section
Springfield Region
Environmental Management Corporation
r1/7/-1)
Missouri
US I-YA
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987
.
7760 0 DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (8471 294-4000
ELGIN - 595 South State, Elgin, IL 60123 - (847) 608-3131?
•
?
PEORIA - 5415 N. University St., Peoria, IL 61614 - (309) 693-5463
BUREAU OF LAND - PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462 • CHAMPAIGN - 2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINCFiELD - 4500 5. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892
?
•?
COLLINSVILLE - 2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120
MARION - 2309 W. Main St., Suite 116,
Marion, IL 62959 - (618) 993.7200
PRINTED ON RECYCLED PAPER
NPDES Permit No. 1L0030503
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Reissued (NPDES) Permit
Expiration Date: March 31, 2013
Name and Address of Permittee:
City of Quincy
730 Maine Street
Quincy, Illinois 62301
Receiving Waters: Mississippi River
Issue Date:
March 27,
2008
Effective Date:
Apri
1 1, 2008
Facility Name and Address:
Quincy Wastewater Treatment Facility
700 West Lock & Dam Road
Quincy, Illinois
(Adams County)
In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of the III. Adm. Code, Subtitle C, Chapter I, and the
Clean Water Act (CWA), the above-named Permittee is hereby authorized to discharge at the above location to the above-named receiving
stream in accordance with the standard conditions and attachments herein.
Permittee is not authorized to discharge after the above expiration date. In order to receive authorization to discharge beyond the
expiration date, the Permittee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not
later than 180 days prior to the expiration date.
Alan Keller, P
Manager, Permit Section
Division of Water Pollution Control
SAK:RJH:07032001.bah
Page 2
NPDES Permit No. IL0030503
Effluent Limitations, Monitoring, and Reporting
FINAL
Discharge Number(s) and Name(s): 001 STP Outfall
Load limits computed based on a design average flow (DAF) of 13.5 MGD (design maximum flow (DMF) of 34.0 MGD).
Excess flow facilities (if applicable) shall not be utilized until the main treatment facility is receiving its maximum practical flow.
From the effective date of this Permit until the expiration date, the effluent of the above discharge(s) shall be monitored and limited at all
times as follows:
LOAD LIMITS lbs/day
?
CONCENTRATION
DAF (DMF)'
?
LIMITS MG/L
Monthly
?
Weekly
?
Daily?
Monthly
?
Weekly
Parameter
?
Average?
Average
?
Maximum?
Average?
Average
Flow (MGD)
CBOD
5**?
2,252 (5,671)?
4,504 (11,342)?
20?40
Suspended Solids?
2,815 (7,089)?
5,067 (12,760)?
25?
45
pH
?
Shall be in.therange of 6 to 9 Standard Units
Fecal Conform"'
?
Daily Maximum shall not exceed 400 per 100 mL (May through October)
Chlorine Residual"'
Daily
?
Sample
Maximum
?
Frequency
Continuous
3 Days/Week
3 Days/Week
3 Days/Week
3 Days/Week
0.6
?
3 Days/Week
Sample
Type
RIT
Composite
Composite
Grab
Grab
Grab
*Load limits based on design maximum flow shall apply only when flow exceeds design average flow.
'Carbonaceous BUD, (CBOD5 ) testing shall be in accordance with 40 CFR 136.
***See Special Condition 8.
Flow shall be reported on the Discharge Monitoring Report (DMR) as monthly average and daily maximum.
Fecal Coliform shall be reported on the DMR as daily maximum.
pH shall be reported on the DMR as a minimum and a maximum.
Chlorine Residual shall be reported on DMR as daily maximum.
Page 3
NPDES Permit No. IL0030503
Effluent Limitations, Monitoring, and Reporting
FINAL
Discharge Number(s) and Name(s): A01 Treated Combined Sewage Outfall (Flows over 78.0 MGD)'
These flow facilities shall not be utilized until the main treatment facility is receiving its maximum practical flow.
From the effective date of this Permit until the expiration date, the effluent of the above discharge(s) shall be monitored and limited at all
times as follows:
CONCENTRATION
LIMITS moil
Parameter
Monthly Average
Sample Frequency
Sample Type
Total Flow (MG)
See Below
Daily When Discharging
Continuous
BOO
5
Daily When Discharging
Grab
Suspended Solids
Daily When Discharging
Grab
Fecal Coliform
Daily Maximum Shall Not Exceed 400 per 100 mL
Daily When Discharging
Grab
pH
Shall be in the range of 6 to 9 Standard Units
Daily When Discharging
Grab
Chlorine Residual
0.75
Daily When Discharging
Grab
Total
flow in million gallons shall be reported on
the
Discharge Monitoring Report (DMR) in the quantity maximum column.
Report the number of days of discharge in the comments section of the DMR.
Fecal Coliform shall be reported on the DMR as daily maximum.
Chlorine Residual shall be reported on the DMR as a monthly average concentration.
pH shall be reported on the DMR as a minimum and a maximum.
BOO, and Suspended Solids shall be reported on the DMR as a monthly average concentration.
*
Flows in excess of 34.0 MGD and the 3.6 MG first flush basin capacity and the 1.985 MG first flush clarifiers capacity. The stored flow
will be bled back to the plant for full treatment as soon as the flow to the plant drops below 34.0 MGD.
Page 4
NPDES Permit No. IL0030503
Influent Monitoring, and Reporting
The influent to the plant shall be monitored as follows:
Parameter
?
Sample Frequency?
Sample Type
Flow (MGD)
?
Continuous?
RIT
BOD
5
?3 Days/Week?
Composite
Suspended
Solids
?
3 Days/Week
?
Composite
Influent samples shall be taken at a point representative of the influent.
Flow (MGD) shall be reported on the Discharge Monitoring Report (DMR) as monthly average and daily maximum.
BOD5
and
Suspended Solids shall be reported on the DMR as a monthly average concentration.
Page 5
NPDES Permit No. IL0030503
Special Conditions
SPECIAL CONDITION 1. This Permit may be modified to include different final effluent limitations or requirements which are consistent
with applicable laws, regulations, or judicial orders. The IEPA will public notice the permit modification.
SPECIAL CONDITION 2. The use or operation of this facility shall be by or under the supervision of a Certified Class 1 operator.
SPECIAL CONDITION 3. The IEPA may request in writing submittal of operational information in a specified form and at a required
frequency at any time during the effective period of this Permit.
SPECIAL CONDITION 4. The IEPA may request more frequent monitoring by permit modification pursuant to 40 CFR § 122.63 and
Without Public Notice in the event of operational, maintenance or other problems resulting in possible effluent deterioration.
£PECIAL CONDITION 5. The effluent, alone or in combination with other sources, shall not cause a violation of any applicable water
quality standard outlined in 35 HI. Adm. Code 302.
SPECIAL CONDITION 6. Samples taken in compliance with the effluent monitoring requirements shall be taken:
A. For Discharge Number 001 - During dry weather flows (no excess flow discharge), samples shall be taken at a point representative
of the flows but prior to entry into the receiving stream. During periods of excess flow discharge, CBOD
5 , Suspended Solids, and
Ammonia Nitrogen, if Ammonia Nitrogen monitoring and sampling is required on the Effluent Limitations, Monitoring, and Reporting
Page of this Permit, shall be monitored at a point representative of the discharge but prior to admixture with the excess flow. If Fecal
Coliform limits are different for Discharge Numbers 001 and A01, sampling shall occur at a point representative of the discharge and
prior to admixture, if hardware allows. Other parameters may be sampled after admixture but prior to entry into the receiving stream.
B.
For Discharge Number A01 - Samples for all parameters shall be taken at a point representative of the discharge but prior to entry
into the receiving stream. If Fecal Coliform limits are different for Discharge Numbers 001 and A01, sampling shall occur at a point
representative of the discharge and prior to admixture, if hardware allows. The sampling point for other parameters may be at a point
after admixture with the dry weather flows.
SPECIAL CONDITION 7. This Permit may be modified to include requirements for the Permittee on a continuing basis to evaluate and
detail its efforts to effectively control sources of infiltration and inflow into the sewer system and to submit reports to the IEPA if necessary.
SPECIAL CONDITION 8. Fecal Coliform limits-for Discharge Number 001 are effective May thru October. Sampling of Fecal Coliform is
only required during this time period.
The total residual chlorine limit is applicable at all times. If the Permittee is chlorinating for any purpose during the months of November
through April, sampling is required on a daily grab basis. Sampling frequency for the months of May through October shall be as indicated
on effluent limitations, monitoring and reporting page of this Permit.
SPECIAL CONDITION 9.
A. Publicly Owned Treatment Works (POTW) Pretreatment Program General Provisions
1 The Permittee shall implement and enforce its approved Pretreatment Program which was approved on January 8, 1986 and all
approved subsequent modifications thereto. The Permittee shall maintain legal authority adequate to fully implement the Pretreatment
Program in compliance with Federal (40 CFR 403), State, and local laws. The Permittee shall:
a.
Carry out independent inspection and monitoring procedures at least once per year, which will determine whether each
significant industrial user (SIU) is in compliance with applicable pretreatment standards;
b.
Perform an evaluation, at least once every two (2) years, to determine whether each SIU needs a slug control plan. If needed,
the SIU slug control plan shall include the items specified in 40 CFR § 403.8 (f)(2)(v);
c.
Update
its inventory of Industrial
Users (IUs) at least annually and as needed to ensure that all SIUs are properly identified,
characterized, and categorized;
d.
Receive and review self monitoring and other IU reports to determine compliance with all pretreatment standards and
requirements, and obtain appropriate remedies for noncompliance by any IU with any pretreatment standard and/or
requirement;
Page 6
NPDES Permit No. IL0030503
Special Conditions
e.?
Investigate instances of noncompliance, collect and analyze samples, and compile other information with sufficient care as to
produce evidence admissible in enforcement proceedings, including judicial action;
Require development, as necessary. of compliance schedules by each industrial user for the installation of control technologies
to meet applicable pretreatment standards; and,
9
?
Maintain an adequate revenue structure for continued operation of the Pretreatment Program.
2
,
The Permittee shall issue/reissue permits or equivalent control mechanisms to all Sills prior to expiration of existing permits or prior
to commencement of discharge in the case of new discharges. The permits at a minimum shall include the elements listed in 40 CFR
§ 403.8(f)(1)(iii).
The Permittee shall develop, maintain, and enforce, as necessary, local limits to implement the prohibitions in 40 CFR § 403.5 which
prohibit the introduction of specific pollutants to the waste treatment system from any source of nondomestic discharge.
4.
In addition to the general limitations expressed in Paragraph 3 above, applicable pretreatment standards must be met by 011 industrial
users of the POTW. These limitations include specific standards for certain industrial categories as determined by Section 307(b) and
(c) of the Clean Water Act, State limits, or local limits, whichever are more stringent.
5. The USEPA and IEPA individually retain the right to take legal action against any industrial user and/or the POTW for those cases
where an industrial user has failed to meet an applicable pretreatment standard by the deadline date regardless of whether or not such
failure has resulted in a permit violation.
6.
The Permittee•shall establish agreements with all contributing jurisdictions, as necessary, to enable it to fulfill its requirements with
respect to all lUs discharging to its system.
7.
Unless already completed, the Permittee shall within six (6) m6nths of the effective date of this Permit submit to USEPA and IEPA a
proposal to modify and update its approved Pretreatment Program to incorporate Federal revisions to the general pretreatment
regulations. The proposal shall include all changes to the approved program and the sewer use ordinance which are necessary to
incorporate the regulations commonly referred to as PIRT and DSS, which were effective November 16, 1988 and August 23, 1990,
respectively. This includes the development of an Enforcement Response Plan (ERP) and a technical re-evaluation of the Permittee's
local limits.
8.
The Permittee's Pretreatment Program has been modified to incorporate a Pretreatment Program Amendment approved on February
15, 2000. The amendment became effective on the date of approval and is a fully enforceable provision of your Pretreatment Program.
Modifications of your Pretreatment Program shall be submitted in accordance with 40 CFR § 403.18, which established conditions
for substantial and nonsubstantial modifications.
B. Reoortino and Records Requirements
The Permittee shall provide an annual report briefly describing the permittee's pretreatment program activities over the previous
calendar year. Permittees who operate multiple plants may provide a single report providing all plant-specific reporting requirements
are met. Such report shall be submitted no later than April 28 of each year, and shall be in the format set forth in IEPA's POTW
Pretreatment Report Package which contains information regarding:
a.
An updated listing of the Permittee's industrial users.
b.
A descriptive summary of the compliance activities including numbers of any major enforcement actions, (i.e., administrative
orders, penalties, civil actions, etc.), and the outcome of those actions. This includes an assessment of the compliance status
of the Permittee's industrial users and the effectiveness of the Permittee's Pretreatment Program in meeting its needs and
objectives.
c.
A description of all substantive changes made to the Permittee's Pretreatment Program. Changes
which are
"substantial.
modifications" as described in 40 CFR § 403.18(c) must receive prior approval from the Approval Authority.
d.
Results of sampling and analysis of POTW influent, effluent, and sludge.
Page 7
NPDES Permit No. ILD030503
Special Conditions
e. A summary of the findings from the priority pollutants sampling. As sufficient data becomes available the IEPA may modify this
Permit to incorporate additional requirements relating to the evaluation, establishment, and enforcement of local limits for
organic pollutants. Any permit modification is subject to formal due process procedures pursuant to State and Federal law and
regulation. Upon a determination that an organic pollutant is present that causes interference or pass through, the Permittee
shall establish local limits as required by 40 CFR § 403.5(c).
2.
The Permittee shall maintain all pretreatment data and records for a minimum of three (3) years. This period shall be extended during
the course of unresolved litigation or when requested by the IEPA or the Regional Administrator of USEPA. Records shall be available
to USEPA and the IEPA upon request.
3.
The Permittee shall establish public participation requirements of 40 CFR 25 in implementation of its Pretreatment Program. The
Permittee shall at least annually, publish the names of all ILI's which were in significant noncompliance (SNC), as defined by 40 CFR
§403.8(f)(2)(vii), in the largest daily paper in the municipality in which the POTW is located or based on any more restrictive definition
of SNC that the POTW may be using.
4.
The Permittee shall provide written notification to the Deputy Counsel for the Division of Water Pollution Control, IEPA, 1021 North
Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276 within five (5) days of receiving notice that any Industrial User
of its sewage treatment plant is appealing to the Circuit Court any condition imposed by the Permittee in any permit issued to the
Industrial User by Permittee. A copy of the Industrial User's appeal and all other pleadings filed by all parties shall be mailed to the
Deputy Counsel within five (5) days of the pleadings being filed in Circuit Court.
C. Monitorin
g Requirements
1. The Permittee shall monitor its influent, effluent and sludge and report concentrations of the following parametnrs nn monitoring report
forms provided by the IEPA and include them in its annual report. Samples shall be taken at annual intervals at the indicated reporting
limit or better and consist of a 24-hour composite unless otherwise specified below. Sludge samples shall be taken of final sludge
and consist of a grab sample reported on a dry weight basis.
.STORET
Minimum
CODE
PARAMETER
reportIna limit
01097
Antimony
0.07 mg/L
o 1 ow
Arsenic
0.05 mg/L
01007
Barium
0.5 mg/L
01012
Beryllium
0.005 mg/L
01027
Cadmium
0.001 mg/L
01032
Chromium (hex - grab not to exceed 24 hours)'
0.01 mg/L
01034
Chromium (total)
0.05 mg/L
01042
Copper
0.005 mg/L
00718
Cyanide (grab) (weak acid dissociable)'
5.0 ug/L
00720
Cyanide (grab) (total)
5.0 ug/L
00951
Fluoride*
0.1 mg/L
01045
Iron (total)
0.5 mg/L
01046
Iron (Dissolved)'
0.5 mg/L
01051
Lead
0.05 mg/L
01055
Manganese
0.5 mg/L
71900
Mercury (effluent grab using USEPA Method 1631 or equivalent)
.—
1.0 ng/L-
01067
Nickel
0.005 mg/L
00556
Oil (hexane soluble or equivalent) (Grab Sample only)'
5.0 mg/L
32730
Phenols (grab)
0.005 mg/L
01147
Selenium
0.005 mg/L
01077
Silver (total)
0.003 mg/L
01059
Thallium
0.3 nig/L
01092
Zinc
0.025 mg/L
* Influent and effluent only
"1 ng/L = 1 part per trillion.
*** Other approved methods may be used for influent (composite) and sludge
Page
8
NPDES Permit No. IL0030503
Special
Conditions
Unless otherwise indicated, concentrations refer to the total amount of the constituent present in all phases, whether solid, suspended or
dissolved, elemental or combined including all oxidation states. Where constituents are commonly measured as other than total, the phase
is so indicated.
2. The Permittee shall conduct an analysis for the one hundred and ten (110) organic priority pollutants identified in 40 CFR 122
Appendix D, Table II as amended. This monitoring shall be done annually and reported on monitoring report forms provided
by the IEPA and shall consist of the following:
a.
The influent and effluent shall be sampled and analyzed for the one hundred and ten (110) organic priority pollutants.
The sampling shall be done during a day when industrial discharges are expected to be occurring at normal to maximum
levels.
Samples for the analysis of acid and base/neutral extractable compounds shall be 24-hour composites.
Five (5) grab samples shall be collected each monitoring day to be analyzed for volatile organic compounds. A single
analysis for volatile pollutants (Method 624) may be run for each monitoring day by compositing equal volumes of each
grab sample directly in the GC purge and trap apparatus in the laboratory, with no less than one (1) mL of each grab
included in the composite.
Wastewater samples must be handled, prepared, and analyzed by GC/MS in accordance with USEPA Methods 624 and
625 of 40 CFR 136 as amended.
b.
The sludge shall be sampled and analyzed for the one hundred and ten (110) organic priority pollutants. A sludge
sample shall be collected concurrent with a wastewater sample and taken as final sludge
Sampling and analysis shall conform to USEPA Methods 624 and 625 unless an alternate method has been approved
bylEPA.
c.
Sample collection, preservation and storage shall conform to approved USEPA procedures and requirements.
3.
?
In addition, the Permittee shall monitor any new toxic substances as defined by the Clean Water Act, as amended, following
notification by the IEPA.
4.?
Permittee shall report any noncompliance with effluent or water quality standards in accordance with Standard Condition 12(e)
of this Permit.
5.?
Analytical detection limits shall be in accordance with 40 CFR 136. Minimum detection limits for sludge analyses shall be in
accordance with 40 CFR 503.
SPECIAL CONDITION 10. The Permittee has undergone a Monitoring Reduction review and the influent and effluent sample frequency
has been reduced for BOID5 , CBOD5
, suspended solids, pH, fecal coliform and chlorine residual due to sustained compliance. The IEPA
will require that the influent and effluent sampling frequency for these parameters be increased to 5 days/week if effluent deterioration
occurs due to increased wasteload, operational, maintenance or other problems. The increased monitoring will be required Without Public
Notice when a permit modification is received by the Permittee from the IEPA.
SPECIAL CONDITION 11. During January of each year the Permittee shall submit annual fiscal data regarding sewerage system
operations to the Illinois Environmental Protection Agency/Division of Water Pollution Control/Compliance Assurance Section. The
Permittee may use any fiscal year period provided the period ends within twelve (12) months of the submission date.
Submission shall be on forms provided by IEPA titled "Fiscal Report Form For NPDES Permittees".
SPECIAL COND;TiON 12. The Permittee shall conduct biomonitoring of the effluent from Discharge Number(s) 001.
Biomonitorinq
Acute Toxicity -
Standard definitive acute toxicity tests shall be run on at least two trophic levels of aquatic species (fish,
invertebrate) representative of the aquatic community of the receiving stream. Testing must be consistent with Methods for
Measuring the Acute Toxicit
y of Effluents and Receiving Waters to Freshwater and Marine Organisms (Fifth Ed.) EPA/621-R-
02-012. Unless substitute tests are pre-approved; the following tests are required:
Page 9
NPDES Permit No. IL0030503
Special Conditions
a.
Fish - 96 hour static LC
50
Bioassay using fathead minnows (Pimephales promelas).
b.
Invertebrate 48-hour static LC„ Bioassay using Cehodaphnia.
2.
Testing Frequency - The above tests shall be conducted using 24-hour composite samples unless otherwise authorized by
the IEPA. Samples must be collected in the 18th, 15th, 12th, and 9th month prior to the expiration date of this Permit.
3.
Reporting - Results shall be reported according to EPA/821-R-02-012, Section 12, Report Preparation, and shall be submitted
to IEPA, Bureau of Water, Compliance Assurance Section within one week of receipt from the laboratory. Reports are due to
the IEPA no later than the 16th, 13th, 10th, and 7th month prior to the expiration date of this Permit.
4
,
Toxicity Reduction Evaluation - Should the results of the biomonitoring program identify toxicity, the IEPA may require that the
Permittee prepare a plan for toxicity reduction evaluation and identification. This plan shall be developed in accordance with
Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment Plants EPA/833B-99/002, and shall include an
evaluation to determine which chemicals have a potential for being discharged in the plant wastewater, a monitoring program
to determine their presence or absence and to identify other compounds which are not being removed by treatment, and other
measures as appropriate. The Permittee shall submit to the IEPA its plan for toxicity reduction evaluation within ninety (90)
days following notification by the IEPA. The Permittee shall implement the plan within ninety (90) days or other such date as
contained in a notification letter received from the IEPA,
The IEPA may modify this Permit during its term to incorporate additional requirements or limitations based on the results of
the biomonitoring. In addition, after review of the monitoring results, the IEPA may modify this Permit to include numerical
limitations for specific toxic pollutants. Modifications under this condition shall follow public notice and opportunity for hearing.
SPECIAL CONDITION 13. For the duration of this Permit, the Permittee shall determine the quantity of sludge produced by the treatment
facility in dry tons or gallons with average percent total solids analysis. The Permittee shall maintain adequate records of the quantities
of sludge produced and have said records available for IEPA inspection. The Permittee shall submit to the IEPA, at a minimum, a semi-
annual summary report of the quantities of sludge generated and disposed of, in units of dry tons or gallons (average total percent solids)
by different disposal methods including but not limited to application on farmland, application on reclamation land, landfilling, public
distribution, dedicated land disposal, sod farms, storage lagoons or any other specified disposal method, Said reports shall be submitted
to the IEPA by January 31 and July 31 of each year reporting the preceding January thru June and July thru December interval of sludge
disposal operations.
Duty to Mitigate. The Permittee shall take all reasonable steps to minimize any sludge use or disposal in violation of this Permit.
Sludge monitoring must be conducted according to test procedures approved under 40 CFR 136 unless otherwise specified in 40 CFR
503, unless other test procedures have been specified in this Permit.
Planned Changes. The Permittee shall give notice to the IEPA on the semi-annual report of any changes in sludge use and disposal.
The Permittee shall retain records of all sludge monitoring, and reports required by the Sludge Permit as referenced in Standard Condition
23 for a period of at least five (5) years from the date of this Permit.
If the Permittee monitors any pollutant more frequently than required by the Sludge Permit, the results of this monitoring shall be included
in the reporting of data submitted to the IEPA.
Monitoring reports for sludge shall be reported on the form titled "Sludge Management Reports" to the following address:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section
Mail Code #19
1021
North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
-?
Page 10
NPDES Permit No. IL0030503
special Conditions
SPECIAL CONDITION 14.
AUTHORIZATION OF
COMBINED SEWER AND TREATMENT PLANT DISCHARGES
The IEPA has determined that at least a portion of the collection system consists of combined sewers. References to the collection system
and the sewer system refer only to those parts of the system which are owned and operated by the Permittee unless otherwise indicated.
The Permittee is authorized to discharge from the overflow(s)/bypass(es) listed below provided the diversion structure is located on a
combined sewer and the following terms and conditions are met:
Dischar
g
e Number
Location?
Receiving Water
002
?
South Side CSO
?
Curtis Creek
003?
Jefferson Street CSO
?
Mississippi River
004
?
Dicks•Payson CSO
?
Mississippi River
005?
Broadway Street CSO
?
Mississippi River
006?
Cedar Street CSO
?
Quincy Bay
007?
Whipple Creek CSO
?
Whipple Creek
Treatment Requirements
1.?
All combined sewer overflows and treatment plant bypasses shall be given sufficient treatment to prevent pollution and the violation
of applicable water quality standards, Sufficient treatment shall consist of the following:
a.
All dry weather flows, and the first flush of storm flows shall meet all applicable effluent standards and the effluent
limitations as required for the main STP outfall;
b.
Additional flows, but not less than ten times the average dry weather flow for the design year, shall receive a minimum of
primary treatment and disinfection with adequate retention time; and,
c.
Additional flows, shall be treated to the extent necessary to comply with applicable water quality standards and the federal
Clean Water Act, including any amendments made by the Wet Weather Water Quality Act of 2000.
2. All CSO discharges authorized by this Permit shall be treated, in whole or in part, to the extent necessary to prevent accumulations
of sludge deposits, floating debris and solids in accordance with 35 III. Adm. Code 302.203 and to prevent depression of oxygen
levels below the applicable water quality standards.
3.
?
Overflows during dry weather are prohibited. Dry weather overflows shall be reported to the IEPA pursuant to Standard Condition
12(e) of this Permit (24 hour notice).
4.
?
The collection system shall be operated to optimize transport of wastewater flows and to minimize CSO discharges.
5.?
The treatment system shall be operated to maximize treatment of wastewater flows.
Nine Minimum Controls
6.
?
The Permittee shall comply with the nine minimum controls contained in the National CSO Control Policy published in the Federal
Register on April 19, 1994. The nine minimum controls are:
a.?
Proper operation and maintenance programs for the sewer system and the CSOs (Compliance with this Item shall be met
through the requirements imposed by Paragraph 8 of this Special Condition);
Maximum
use of the collection system for storage (Compliance with this Item shall be met through the requirements
imposed by Paragraphs 1, 4, and 8 of this Special Condition);
c.
?
Review and modification of pretreatment requirements to assure CSO impacts are minimized (Compliance with this Item
shall be met through the requirements imposed by Paragraph 9 of this Special Condition);
Page 11
NPDES Permit No. IL0030503
Special Conditions
d.
Maximization of flow to the POTW for treatment (Compliance with this Item shall be met through the requirements imposed
by Paragraphs 4, 5, and 8 of this Special Condition);
e.
Prohibition of CSOs during dry weather (Compliance with this Item shall be met through the requirements imposed by
Paragraph 3 of this Special Condition);
Control of solids and floatable materials in CSOs (Compliance with this Item shall be met through the requirements imposed
by Paragraphs 2 and 8 of this Special Condition);
Pollution prevention programs which focus on source control activities (Compliance with this Item shall be met through the
requirements imposed by Paragraph.6 of this Special Condition, See Below);
h.
?
Public notification to ensure that citizens receive adequate information regarding CSO occurrences and CSO impacts
(Compliance with this Item shall be met through the requirements imposed by Paragraph 12 of this Special Condition); and,
Monitoring to characterize impacts and efficiency of CSO controls (Compliance with this Item shall be met through the
requirements imposed by Paragraphs 10 and 11 of this Special Condition).
A pollution prevention plan (PPP) shall be developed by the Permittee unless one has already been prepared for this collection
system. Any previously-prepared PPP shall be reviewed, and revised if necessary, by the Permittee to address the items contained
in Chapter 8 of the U.S. EPA guidance document, Combined Sewer Overflows. Guidance For Nine Minimum Controls and any items
contained in previously-sent review documents from the IEPA conceming the PPP. Combined Sewer Overflows. Guidance For Nine
Minimum Controls is available on line at http://www.epa.govinpdes/pubstowm0030.pdf. The 'PPP (or revised PPP) shall be
presented tb the general public at a public information meeting conducted by the Permittee within nine (9) months of the effective
date of this Permit. The Permittee shall submit documentation that the pollution prevention plan complies with the requirements
of this Permit and that the public information meeting was held. Such documentation shall be submitted to the IEPA within twelve
(12) months of the effective date of this Permit and shall include a summary of all significant issues raised by the public, the
Permittee's response to each issue, and two {2) copies of the "CSO Pollution Prevention Plan Certification" one'(1) with original
signatures. This certification form is available online at httpliwww.epa.state.11.us/water/permits/waste-water/forms/cso-ool-prev.odf.
Following the public meeting;the Permittee shall implement the pollution prevention plan within one (1) year and shall maintain a
current pollution prevention plan, updated to reflect system modifications, on file at the sewage treatment works or other acceptable
location and made available to the public. The pollution prevention plan shall be submitted to the IEPA upon written request.
Sensitive Area Considerations
7.
Pursuant to Section II.C.3 of the federal CSO Control Policy of 1994, sensitive areas are any water likely to be impacted by a CSO
discharge which meet one or more of the following criteria: (1) designated as an Outstanding National Resource Water; (2) found
to contain shellfish beds; (3) found to contain threatened or endangered aquatic species or their habitat; (4) used for primary contact
recreation; or, (5) within the protection area for a drinking water intake structure.
The IEPA has determined that outfall(s) 002, 006 and 007 discharge to sensitive area(s). Within three (3) months of the effective
date of this Permit, the Permittee shall submit two (2) copies of either a schedule to relocate, control, or treat discharges from these
outfalls. If none of these options are possible, the Permittee shall submit adequate justification as to why these options are not
possible. Such justification shall be in accordance with Section II.C.3 of the National CSO Control Policy. The EPA has determined
that none of the other outfalls listed in this Special Condition discharge to sensitive areas. However, if information becomes
available that causes the IEPA to reverse this determination, the IEPA will notify the Permittee in writing. Within three (3) months
of the date of notification or other date contained in the notification letter, the Permittee shall submit two (2) copies of either a
schedule to relocate, control, or treat discharges from these outfalls. If none of these options are possible, the Permittee shall submit
adequate justification at that time as to why these options are not possible. Such justification shall be in accordance with Section
11.0.3 of the National CSO Control Policy.
O p
erational and Maintenance Planj
8.
The EPA reviewed and accepted a CSO operational and maintenance plan "CSO O&M plan" on August 30, 1996 prepared for.this
sewerage system. The Permittee shall review and revise, if needed, the CSO O&M plan to reflect system changes.
- Page 12
NPDES Permit No. IL0030503
Special Conditions
The CSO O&M plan shall be presented to the general public at a public information meeting conducted by the Permittee within nine
(9) months of the effective date of this Permit. The Permittee shall submit documentation that the CSO O&M plan complies with
the requirements of this Permit and that the public information meeting was held. Such documentation shall be submitted to the
IEPA within twelve (12) months of the effective date of this Permit and shall include a summary of all significant issues raised by
the public, the Permittee's response to each issue, and two (2) copies of the "CSO Operational Plan Checklist and Certification",
one (1) with original signatures. Copies of the "CSO Operational Plan Checklist and Certification" are available online at
htto://www.e p
a.state.il.us(wateripermits/waste-wateriforms/cso-checklistodf. Following the public meeting, the Permittee shall
implement the CSO O&M plan within one (1) year and shall maintain a current CSO O&M plan, updated to reflect system
modifications, on file at the sewage treatment works or other acceptable location and made available to the public. The CSO O&M
plan shall be submitted to the IEPA upon written request.
The objectives of the CSO O&M plan are to reduce the total loading of pollutants and floatables entering the receiving stream and
to ensure that the Permittee ultimately achieves compliance with water quality standards. These plans, tailored to the local
governments's collection and waste treatment systems, shall include mechanisms and specific procedures where applicable to
ensure:
a.
Collection system inspection on a scheduled basis;
b.
Sewer, catch basin, and regulator cleaning and maintenance on a scheduled basis;
c.
Inspections are made and preventive maintenance is performed on all pump/lift stations;
d.
Collection system replacement, where necessary;
e.
Detection and elimination of illegal connections;
f.
Detection, prevention, and elimination of dry weather overflows;
g.
The collection system is operated to maximize storage capacity and the combined sewer portions of the collection system
are operated to delay storm entry into the system; arid,
•
h.
The treatment and collection systems are operated to maximize treatment.
Sewer Use Ordinances
9. The Permittee, within six (6) months of the effective date of this Permit, shall review and where necessary, modify its existing sewer
use ordinance to ensure it contains provisions addressing the conditions below. If no ordinance exists, such ordinance shall be
developed and implemented within six (6) months from the effective date of this Permit. Upon completion of the review of the sewer
use ordinance(s), the Permittee shall submit two (2) copies of a completed "Certification of Sewer Use Ordinance Review", one (1)
with original signatures. Copies of the certification form can be obtained on line at htto://www.e
pa.statell.us/water/ p
ermits/waste-
water/forms/sewer-use.pdf. The Permittee shall submit copies of the sewer use ordinance(s) to the IEPA upon written request.
Sewer use ordinances are to contain specific provisions to:
a.
prohibit introduction of new inflow sources to the sanitary sewer system;
b.
require that new construction tributary to the combined sewer system be designed to minimize and/or delay inflow
contribution to the combined sewer system;
c.
require that inflow sources on the combined sewer system be connected to a storm sewer, within a reasonable period of
time, if a storm sewer becomes available;
provide that any new buiiding domestic waste connection shall be distinct from the building inflow connection, to faciiitate
disconnection
if a storm sewer becomes available:
e.
assure that CSO impacts from non-domestic sources are minimized by determining which non-domestic discharges, if any,
are tributary to CSOs and reviewing, and, if necessary, modifying the sewer use ordinance to control pollutants in these
discharges; and,
Page 13
NPDES Permit No. 11_0030503
Special Conditions
f. assure that the owners of all publicly owned systems with combined sewers tributary to the Permittee's collection system
have procedures in place adequate to ensure that the objectives, mechanisms, and specific procedures given in Paragraph
8 of this Special Condition are achieved.
The Permittee shall enforce the applicable sewer use ordinances.
Long-Term Control Planning and Compliance with Water Quality Standards
10.
a. Pursuant to Section 301 of the federal Clean Water Act, 33 U.S.C. § 1311 and 40 CFR § 122.4, discharges from the CSOs,
including the outfalls listed in this Special Condition and any other outfall listed as a "Treated Combined Sewage Outfall",
shall not cause or contribute to violations of applicable water quality standards or cause use impairment in the receiving
waters. In addition, discharges from CSOs shall comply with all applicable parts of 35 III. Adm. Code 306.305(a), (b), (c),
and (d). •
b. The Permittee shall develop a Long-Term CSO Control Plan (LTCP) for assuring that the discharges from the CSOs
(treated or untreated) authorized in this Permit comply with Paragraph 10.a above and all applicable standards, including
water quality standards. Two (2) copies of the LTCP shall be submitted to the IEPA no later than August 1, 2009. The
LTCP shall contain all applicable elements of Paragraph 10.c below including a schedule for implementation and provisions
for re-evaluating compliance with applicable standards and regulations after implementation. The LTCP shall be:
1.
Consistent with Section II.C.4.a.i of the Policy; or,
2.
Consistent with either Section II.C.4.a.ii, Section II.C.4.a.iii, or Section II.C.4.b of the Policy and be accompanied
by data sufficient to demonstrate that the LTCP, when completely implemented, will be sufficient to meet water
quality standards.
c.?
Pursuant to the Policy, the required components of the LTCP include the following:
Characterization, monitoring, and modeling of the Combined Sewer System (CSS);
2.?
Consideration of Sensitive Areas;
3.
Evaluation of alternatives;
4.
Cost/Performance considerations.,
5.
Revised CSO Operational Plan;
6.
Maximizing treatment at the treatment plant;
7.
Implementation schedule;
8.
Post-Construction compliance monitoring program; and
9.
Public participation.
Following submittal of the LTCP, the Permittee shall respond to any initial IEPA review letter in writing within ninety (90)
days of the date of such a review letter, and within thirty (30) days of any subsequent review letter(s), if any.
Implementation of the LTCP shall be as indicated by IEPA in writing or other enforceable mechanism.
Monitoring Repoqing and Notification Requirements
The Permittee shall monitor the frequency of discharge (number of discharges per month) and estimate the.duration (in hours) of
each discharge from each outfall listed in this Special Condition. Estimates of storm duration and total rainfall shall be provided for
each storm event..
For frequency reporting, all discharges from the same storm, or occurring within 24 hours, shall be reported as one. The date that
a discharge commences shall be recorded for each outfall. Reports shall be in the form specified by the IEPA and on forms provided
by
the
IEPA. These forms shall be submitted to the IEPA monthly with the DMRs and covering the same reporting period as the
DMRs. Parameters (other than flow frequency), if required in this Permit, shall be sampled and reported as indicated. in the
transmittal letter tor such report forms.
Page 14
NPDES Permit No. IL0030503
S p ecial Conditions
12.
A public notification program in accordance with Section 11.8.8 of the federal CSO Control Policy of 1994 shall be developed
employing a process that actively informs the affected public. The program shall include at a minimum public notification of CSO
occurrences and CSO impacts, with consideration given to including mass media and/or Internet notification. The Permittee shall
also consider posting signs in.waters likely to be impacted by CSO discharges at the point of discharge and at points where these
waters are used for primary contact recreation. Provisions shall be made to include modifications of the program when necessary
and notification to any additional member of the affected public. The program shall be presented to the general public at a public
information meeting conducted by the Permittee. The Perrnittee shall conduct the public information meeting within nine (9) months
of the effective date of this Permit. The Permittee shall submit documentation that the public information meeting was held, shall
submit a summary of all significant issues raised by the public and the Permittee's response to each issue and shall identify any
modifications to the program as a result of the public information meeting. The Permittee shall submit the public information meeting
documentation to the IEPA and implement the public notification program within twelve (12) months of the effective date of this
Permit. The Permittee shallisubmit copies of the public notification program to the IEPA upon written request.
13.
If any of the CSO discharge points listed in this Special Condition are eliminated, or if additional CSO discharge points, not listed
in this Special Condition, are discovered, the Permittee shall notify the IEPA in writing within one (1) month of the respective outfall
elimination or discovery. Such notification shall be in the form of a request for the appropriate modification of this NPDES Permit.
Summary of Com p liance Dates in this CSO S pecial Condition
14.
The following summarizes the dates that submittals contained in this Special Condition are due at the IEPA (unless otherwise
indicated):
Submission of CSO Monitoring Data (Paragraph 11)
?
15th of every month
Elimination of a CSO or Discovery of Additional CSO
?
1 month from discovery or elimination
Locations (Paragraph 13)
Control (or Justification for No Control) of CSOs to
?
3 months from IEPA notification
Sensitive Areas (Paragraph 7)
Certification of Sewer Use Ordinance Review (Paragraph 9)?
6 months from the effective date of this Permit
Conduct Pollution Prevention, OMP, and PN Public Information
?
9 months from the effective date of this Permit
Meeting (Paragraphs, 6, 8 and 12)
No Submittal Due with this Milestone
Submit Pollution Prevention Certification, OMP Certification, and PN
?
12 months from the effective date of this Permit
Information Meeting Summary (Paragraphs, 6, 8 and 12)
Submit CSO Long-Term Control Plan (Paragraph 10)
?
No later than August 1, 2009
All submittals listed in this Special Condition can be mailed to the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Attention: CSO Coordinator, Compliance Assurance Section
Ali submittals hand carried shall be delivered to 1021 North Grand Avenue East.
Reo
p
ening and Modif
y
ing this Permit
15.
The IEPA may initiate a modification for this Permit at any time to include requirements and compliance dates which have been
submitted in writing by the Perrnittee and approved by the IEPA, or other requirements and dates which are necessary to carry out
the provisions of the Illinois Environmental Protection Act, the Clean Water Act, or regulations promulgated under those Acts. Public
Notice of such modifications and opportunity for public hearing shall be provided.
Page 15
NPDES Permit No. IL0030503
Soecial Conditions
SPECIAL CONDITION 15. The Permittee shall record monitoring results on Discharge Monitoring Report (DMR) Forms using one such
form for each outfall each month.
In the event that an outfall does not discharge during a monthly reporting period, the DMR Form shall be submitted with no discharge
indicated.
The Permittee may choose to submit electronic DMRs (eDMRs) instead of mailing paper DMRs to the IEPA. More information, including
registration information for the eDMR program, can be obtained on the IEPA website, http://www.epa.state.il.us/water/edmr/index.html.
The completed Discharge Monitoring Report forms shall be submitted to IEPA no later than the 25th day of the following month, unless
otherwise specified by the permitting authority.
Permittees not using eDMRs shall mail Discharge Monitoring Reports with an original signature to the IEPA at the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Attention: Compliance Assurance Section, Mail Code # 19
(0)
OillaCT1IT
T
EM 7
Standard Conditions
Definitions
Act means the Illinois Environmental Protection Act, 415 ILCS 5 as Amended.
Agency means the Illinois Environmental Protection Agency.
Board means the Illinois Pollution Control Board
Clean Water Act (formerly referred to as the Federal Water Pollution Control Act) means
Pup L 92-500. as amended 33 U S.0 1251 et seq.
NPDES (National Pollutant Discharge Elimination System) means the national program for
issuing, moddying, revoking and reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under Sections 307, 402, 318 and 405
of the Clean Water Act.
USEPA means the United States Environmental Protection Agency,
Daily Discharge means the discharge of a pollutant measured during
a
calendar day or any
24-hour period that reasonably represents the calendar day for purposes of sampling. For
pollutantS with l
imitations expressed in units of mass,
the
'daily discharge is calculated as
the total mass of the pollutant d
i
scharged over the day. For pollutants with limitations
expressed in other units of measurements, the 'daily discharge" is calculated as the average
measurement of (he pollutant over the day.
Maximum Deify Discharge Limitation (daily maximum) means the highest allowable daily
discharge.
Average Monthly Discharge Limitation (30 day average) means the highest allowable
average of daily discharges over a calendar month, calculated as the sum of all daily
discharges measured during a calendar month divided
by
the number of daily discharges
measured during the, month.
Average Weekly Discharge Limitation (7 day average) means the highest allowable
average of daily discharges over e calendar week, calculated as the sum of all daily
discharged measured during a calendar week divided by the number of daily discharges
measured during that week.
Best Management Practices (EIMPs) means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution
of waters of the State. BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal
,
or drainage
from raw material storage,
Aliquot means a sample of specified volume used to make up a total composite sample.
Grab Sample means an individual sample of at least 100 milliliters collected al a randomly-
selected time over a period not exceeding 15 minutes.
24 Hour Composite Sample means a combination of at least 8 sample aliquots of at least
100 milliliters, collected at periodic intervals during the operating hours of a facility over a 24-
hour period.
8 Hour Composite Sample means a combination of al least 3 sample aliquots of al least 100
milliliters, collected at periodic intervals during the operating hours of a facility over an 8-hour
period.
Flow Proportional Composite Sample means a combination of sample aliquots of at least
100 milliliters collected al periodic intervals such Ihal either the time interval between each
aliquot or the volume of each aliquot is proportional to either the stream flow at the time of
sampling or the total stream flow since the collection of the previous aliquot
(1)
Duty to comply. The permiltee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the AM and is grounds for enforcement
action, permit term
i
nation, revocation and reissuance, modification, or for denial of a
Permit renewal application. The permittee shall comply with effluent standards or
prohibitions established under Section 307(a) of the Clean Water Act for toxic
Pollutants within the time provided in the regulations that establish these standards or
prohibitions
,
even if the permit has not yet been modified to incorporate the
requirement.
(2)
Duty to reapply, If the perrniffee wishes to continue an activity regulated by this permit
ater the expiration date of this permit, the permittee must apply for and obtain a new
Permit. If the perms/tee submits a proper application as required by the Agency no later
than 180 days prior to the expiration date, this permit shall continue in full force and
effect until the final Agency decision on the application has been made.
(3)
Need to halt or reduce activity not a defense. II shah not be a defense for a
permiltee In an enforcement action that it would have been necessary to halt or reduce
the
permatedaclivits in order to maintain compliance wilt the dcw/itinns of this permit. •
(4)
Duty to mitigate. The permiltee shall lake all reasonable steps to minimize or prevent
any
discharge
in violation Dittos permit which has a reasonable likelihood of adversely
allecling human health or the environment.
(5)
Proper operation and maintenance. The permitted shall at all times properly operate
and maintain all facilities and systems of treatment and control (and related
appunenances) which ere installed or used by the permiltee to achieve compliance
with conditions of this permit. Proper operation and maintenance includes effective
Performance
.
adequate lunding, adequate operator staffing and training
,
and adequate
iabor
q
lory and process controls, including appropriate quality assurance procedures.
ruin p
rovision requ
i
res the operation of back-up.
or
auxiliary facilities
,
or similar
systems only when necessary to achieve compliance with the conditions of the permit.
Permit actions. Th
i
s permit may be modified revoked and reissued, or terminate°
for cause by the Agency pursuant to 40 CFR 122.62. The filing of a request
by
the
permittee for a permit modification, revocation and reissuance or termination
,
or a
notification of planned changes or anticipated noncompliance
,
does not stay any
permit condition
Property nghts. This permit does not convey any properly rights of any son, or any
exclusive privilege
(8) Duty to provide Information. The permittee shall furnish to the Agency within a
reasonable time, any information which the Agency may
request
lo.de■errnrne whether
cause exists for modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with the pert. The permoleeshall alsolumish to the Agency,
upon request. copies of records required to be kept by this permit.
Inspection and entry. The permittee shall allow an authorized representative of the
Agency, upon the presentation of credentials and other documents as may be required
by law, to:
(a)
Enter upon the permittee's premises where a regulated facility or activity is
located or conducted. or where records must be kept under the conditions of this
permit;
(b)
Have access to and copy, at reasonable times. any records that must be kept
under the conditions of this permit;
(c)
Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
permit, anti
(d)
Sample or monitor at reasonable times, for the purpose of assuring .permit
Compliance, or es otherwise authorized by the Act, any substances or parameters
at any location.
(10) Monitoring
and
records.
(a) Samples and measurements taken for the purpose Of monitoring shall be
representative of the monitored activity.
(b) The permittee shall retain records of all monitoring information, including all
calibration and maintenance records, and all original strip Chan recordings-for
continuous monitoring instrumentation, copies of all repOrls required by this
permit and records of all data used to complete the application for this permit
.
for
e period of at least 3 years from the date of this permit, measurement, report or
application. This period may be extended
by
rdouest of the Agency al any time
(c) Records of monitoring information shall include:
(1)
The date, exact place, and time of sampling or measurements;
(2) The indivIdual(s) who performed the sampling or measurements,
(3)
The date(s) analyses were performed,
(4) The individual(s) who performed the analyses;
(5)
The analytical techniques or methods used; and
(6)
The results of such analyses.
(d) Monitoring must be conducted according to test procedures approved under 40
CFR Part 136, unless other test procedures have been specified in this permit.
Where no test procedure under 40 CFR Part 136 has been approved, the
permdtee must subm g
to the Agency a test method for approval. The permiltee
shall calibrate and perform maintenance procedures on all monitoring and
analytical instrumentation at intervals to ensure accuracy of measurements.
(11) Signatory requirement. All applications, reports or information submitted to the
Agency snail be signed and certified
(a) Application. All permit applications shall be signed as follows:
(1)
For a corporation: by a principal executive officer of -at least the level of
vice president or a person or position having overall responsibility for
environmental matters for the corporation;
(2)
For
?
partnership or sole proprietorship! by a general partner or
IL
proprietor, respectively; or
(3)
For a municipality, State, Federal, or other public agency by either a
principal executive officer or ranking elected official.
(b) Reports. All reports required by permits,
or other information requested by the
Agency shall be signed
by
a person described in paragraph (a) or by a duly
authorized-representative df that person. A parson is a july /soli-ions/A
representative only if:
(1) Tne authorization is made in writing
by
a
person described in
paragraph (a),
and
(2)
The authorization specifies either an
i
ndividual or a position responsible for
the overall operation of the facility, from which the discharge originates, such
as a plant manager, superintendent or person of equivalent responsibility;
and
(3) The written authorization is submitted to the Agency.
(6)
(7)
CERTIFICATE OF SERVICE
I hereby certify that I did on the I'M
.
' day of July, 2008, send by First Class Mail with
postage thereon fully prepaid, by depositing in a United States Post Office Box in Springfield,
Illinois, a true and correct copy of the following instrument entitled PETITIONER CITY OF
QUINCY'S PETITION FOR REVIEW OF AGENCY NPDES PERMIT DECISION
To:
Sanjay K. Sofat
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
and the original and nine copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s) along with a seventy five dollar ($75) filing fee
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, IL 60601-3218
9,0
Joel A. Benoit
a
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 N. Old Capitol Plaza, Ste. 325
Springfield, IL 62701
Telephone: 217/528-2517
Facsimile: 217/528-2553
THIS FILING IS SUBMITTED ON RECYCLED PAPER
\\Cindy \ mapa \Quincy WETITION.wpd
