BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

SANITARY DISTRICT OF DECATUR,

)

)

Petitioner,

)

)

v.

)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

PCB No. 09-125

(Variance -Water)

RECOMMENDATION OF THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") by one of

its attorneys, Chad M Kruse, and files its Recommendation pursuant to 35

TIl.

Adm. Code

104.216. The Illinois EPA recommends that the Illinois Pollution Control Board ("Board")

GRANT the variance requested by the Sanitary District of Decatur ("SDD" or "Petitioner").

The petition filed by SDD satisfies the petition content requirements set forth in 35

Ill.

Adm.

Code 104.204. The Petitioner has met its burden under Section 35 of the Illinois Environmental

Protection Act

("Act") (415 ILCS 5/35 (2004)) that compliance with 35

Ill.

Adm. Code Sections

302.208(e) and

304.105 would impose an arbitrary or unreasonable hardship on SDD. In support

of its Recommendation the JIlinois EPA states as follows:

I.

INTRODUCTION

1. On June 15,2009, SDD filed a Petition for Variance ("Petition") relating to SDD's

operation of a wastewater treatment plant in Decatur, Macon County, Illinois. SDD requests a

variance from the requirements set out in Sections 302.208(e) and

304.105 of Title 35 of the

Illinois Administrative

Code ("Board Regulations"), regarding effluent limits for Nickel and

Zinc. 35lll. Adm. Code 302.208(e) and 304.105 (2002).

1

Electronic Filing - Received, Clerk's Office, July 30, 2009

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2. SDD's National Pollutant Discharge Elimination Pennit ("NPDES") No. IL0028321

pennits SDD to discharge into the Sangamon River. (Exhibit A) The segment of the Sangamon

River that receives SDD's discharge, known as Segment

E-09, is a zero 7QIO flow segment.

3.

It

is the recommendation of lllinois EPA that the IPCB grant the variance from the

current pennit limits for Nickel and

Zinc.

II.

NOTICE

4. Pursuant to Section 102.214 of Title 35 of the Board Regulations, the Illinois EPA

published notice of SDD's petition for variance in the Decatur Herald

&

Review on June 29,

2009 and mailed notices on June 26, 2009 to Macon County State's Attorney Jack Ahola, State

Representatives Robert Flider and Bill Mitchell, State Senators Bill Brady and Kyle McCarter,

and Chainnan

of the Macon County Board Jay

A.

Dunn.

5. After publication of notice ofSDD's petition for variance, the Illinois EPA received no

written comments, obj ections, or requests for hearing ..

6. Pursuant to the Board's procedural rules, "[wJithin 21 days after the publication of notice,

the Agency must file with the Board a certification

of publication that states the date on which

the notice was published and must attach a copy ofthe published notice." 35

Ill.

Adm. Code

104.214(f). The required Certificate

of Publication was not previously filed, but is included as

part

ofthis filing and attached hereto. (Exhibit B)

III.

INVESTIGATION

7. Pursuant to Section 37 ofthe Act, the Illinois EPA is required to "promptly investigate

such petition and consider the views

of persons who might be adversely affected by the grant of

the variance." 415 ILCS 5/37(a) (2008). A similar requirement is set forth in Section

2

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

104.216(b)(1) ofTitle 35 of the Board Regulations. 35

Ill.

Adm. Code 104.216(b)(1) (2002).

8. The Illinois EPA conducted a thorough investigation of the information contained in

Petitioner's original variance request and a further investigation

of the new facts and support

offered informally

by the Petitioner in subsequent meetings with Illinois EPA staff. In preparing

this Recommendation, the Illinois

EPA consulted personnel within several sections of the

Division

of Water Pollution Control including Ralph Hahn, Rick Pinneo, and Alan Keller of

Permits Section and Bob Mosher ofthe Water Quality Standards Section. This investigation led

the Illinois

EPA to the conclusion to recommend that the Board grant SDD's request.

IV.

STATEMENT OF FACTS

9. Section 104.216(b)(3) ofTitle 35 of the Board Regulations requires the Illinois EPA to

state the degree to which, if at all, it disagrees with the facts as alleged in the petition.

In

the

Petition, SDD elaborates on the problems that SDD has faced with regard to the Nickel and Zinc

limitations set by the Agency in 2004 and the technologies that the SDD has explored to reach

compliance with those limitations. Archer Daniel's Midland

("ADM") is one of the Nation's

leading agricultural processors. As stated in Section ILE. of the Petition, ADM is by far the most

substantial contributor

of Zinc and Nickel to the SDD wastewater treatment plant. However, the

Illinois

EPA has witnessed SDD and ADM working together to achieve compliance with the

NPDES

Permit up to this point. Thus, the Illinois EPA does not contest the Petitioner's account

of events leading up to the filing of the Petition, however, the Illinois EPA submits the following

to supplement the Petition:

10.

In

a memo to Ralph Hahn dated November 9, 2006, Scott Twait ofDWPC Standards

Unit evaluated the reasonable potential for the Sanitary District of Decatur to exceed water

quality standards in the Sangamon River. Mr. Twait found that reasonable potential existed for

3

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the SDD effluent to exceed the chronic Nickel water quality standard and both the acute and

chronic Zinc water quality standards. This information was passed along to the Illinois

EPA's

Permit

Section so that permit limits for Nickel and Zinc protective of aquatic life could be placed

in the renewal NPDES permit. The renewal permit was issued April

20, 2007, This was the first

permit in which SDD received water quality based permit limits for Zinc and Nickel based on the

more stringent dissolved metals standards adopted in

2004. Under the previous water quality

standards, no reasonable potential to exceed had been found.

II. The Sangamon River has a zero 7Q I 0 flow at the E-09 segment where the SDD effluent

enters the river. The term

"zero 7QIO flow" means that on average over a period of 10 years, the

stream will have no flow for at least one period

of seven consecutive days. A mixing zone,

under Section

302.102 of Title 35 of the Board Regulations, is effective when flow is consistent

in the water body. Therefore, a mixing zone is not appropriate for a zero

7QI0 flow river

segment, such

as segment E-09 ofthe Sangamon River because of the relatively inconsistent

periods

of flow.

12. The permit limits directly reflect the water quality standards using the critical hardness

value for the river at Ambient Water Quality Monitoring Network (A WQMN) Station

E-05,

Sangamon River at Niantic; 242 mglL. The recommended permit limits/water quality standards

were as follows: acute Zinc,

0.258 mglL; chronic Zinc, 0.046 mglL; chronic Nickel, 0.011

mglL. These values are all in terms oftotal metal. These total metal values were converted from

the dissolved metal water quality standards using the default conversion factor included with the

water quality standard. The dissolved water quality standards that must be met

in the receiving

stream for which the total metal permit limits are based are: acute Zinc,

0.253 mglL; chronic

Zinc,

0.0457 mglL; chronic Nickel, 0.0106 mg/L.

4

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13. Upon receipt of the permit, SSD used the USEP A metals translator procedure in order to

raise total Nickel and Zinc permit limits to higher concentrations while maintaining the

applicable dissolved water quality standard in the receiving stream. This is a methodology that

determines a site-specific conversion factor for converting the dissolved metal water quality

standard into a total metal value based on the specific qualities

of a given effluent and the

qualities

of the receiving water body. Applicants for the metals translator procedure must

measure both dissolved and total metal in their effluent and in the receiving water. The most

conservative ratio, i.e., the ratio that gives the lowest total metal value in relation

to the dissolved

concentration, is used

to establish a total metals permit limit.

14. In SDD's case the most conservative translator value was from the effluent for both

Nickel and

Zinc. The Nickel translator was 0.966 and the Zinc translator was 0.848. The Nickel

translator is only slightly lower than the default value found in the water quality standard while

that for Zinc provides a significant change from the default value. SDD also produced a site-

specific hardness value through monitoring of the receiving stream below the discharge. The

hardness value was 359 mglL. This value, along with the site-specific metals translators,

resulted in new total metal permit limits: acute Zinc, 0.416

mg!L;

chronic Zinc 0.075

mg!L;

chronic Nickel, 0.015 mglL. These values were included in the recently issued modified NPDES

permit that also extended the compliance schedule for attaining these limits. These are the

permit limits (acute

Zinc, 0.416 mglL; chronic Zinc 0.075 mglL; chronic Nickel, O.oI5 mglL)

from which

SDD now seeks relief. Based on the change in the critical hardness value, the

dissolved water quality standards that must be met in the receiving stream and for which the total

metal permit limits are based are: acute Zinc, 0.353 mglL, chronic Zinc, 0.0637 mglL, chronic

Nickel,

0.0148 mglL.

5

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IS. Based on infonnation contained in the Petition, Illinois EPA has detennined that some

water quality standards have been violated by

SDD in the Sangamon River. The most recent

303( d) List, the partially federally approved

2008 List, states that the stream segment to which

SDD discharges, E-09, is impaired for aquatic life, fish consumption and primary contact.

However, since SDD discharges to the most downstream portion ofE-09, the discharges did not

influence any

of the sampling points used to gather data at E-09; therefore those discharges did

not influence the decision

of impainnent nor potential causes of impainnent at the E-09 segment.

16. The next downstream segment of the Sangamon River is E-05. Based on the discussion

in item

IS, above, Segment E-05 is more appropriate than E-09 to use as the segment for

detennining Zinc and Nickel water quality standards with regard to

NPDES Pennit 110028321.

Segment E-05 is impaired for aquatic life, fish consumption and primary contact uses. The

potential causes given for the aquatic life use impainnent are total phosphorus, total suspended

solids and dissolved oxygen (non-pollutant). This assessment was based on a 2003 aquatic life

survey and water chemistry results from AWQMN Station E-05 from 2001,2002 and 2003.

Station

E-05 is 7.3 miles downstream of the SDD discharge. Water chemistry in the A WQMN is

sampled about nine times per year. Unfortunately, Zinc and Nickel measurements were reported

during this period (and until October,

2004) at reporting limits (0.1 mg/l for Zinc and 0.025 mg/l

for Nickel) inadequate to assess attainment ofthe water quality standards. Beginning in October

2004,

reporting limits were lowered to 0.010 mglL for Zinc and 0.005 mgIL for Nickel.

17.

An

analysis of the Nickel and Zinc measurements at E-05 from October 2004 through

October 2008 includes 24 samples. Between June 23, 2005 and October 31,2005, four samples

were collected. The hardness of these four consecutive samples averaged 242.5 mglL.

Dissolved Nickel averaged

0.0109 mglL and dissolved Zinc averaged 0.0558 mglL in the four

6

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consecutive samples. When subjected to the calculation, specified in Section 302.208(b) of Title

35 of the Board Regulations, that dictates how attainment is to be calculated, both Nickel and

Zinc have mean sample quotients greater than 1.0. 35

Ill.

Adm. Code 302.208(b) (2002). At

least one chronic standard violation occurred during this time period. Therefore, when segment

E-05 of the Sangamon River is re-assessed for the period of2004 through 2008, and if aquatic

life remains impaired, the

303( d) List will include Nickel and Zinc as potential causes of aquatic

life impairment for the E-05 segment of the Sangamon River. The Nickel and Zinc present is

attributed to the

SDD effluent because no other point source exists below the Lake Decatur dam

and above the segment

E-05 sampling point. Illinois EPA has concluded that the Nickel and

Zinc in the SDD effluent is a significant problem in that it causes water quality standard

violations in the Sangamon River and is likely to exert a negative impact on the aquatic life

community in the river.

18. Illinois

EPA has concluded that the relief requested is necessary. SDD has done a

thorough

job of tracing the sources of Nickel and Zinc. The. options identified for treatment or

minimization

of Nickel and Zinc in Section VI.9.a.i. of the Petition provide a basis for future

compliance with the permit limits. However, Illinois

EPA would like SDD to explore the

additional technologies

of electro-chemical decomposition and capacitive deionization as a part

of its "technical and economic feasibility reviews" outlined in that section of the Petition. ADM

will

playa major role in choosing an option or options that will decrease SDD effluent

concentrations.

19. In

Section III.B. ofthe Petition, SDD explains how Zinc containing treatment additives in

the cooling towers at industrial sources have been replaced resulting in already reduced Zinc

concentrations in the SDD effluent. However, the Petition then mentions that proposed new

7

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dischargers may add additional Zinc from cooling towers or processes. Illinois EPA has

determined that

SDD should take steps necessary to ensure that new industrial sources entering

SDD's wastewater treatment system will have only background levels of Zinc and Nickel.

V.

ESTIMATED COST OF COMPLIANCE

20. SDD has not provided a clear picture of the costs of complying with Parts 302 and 304 of

Title 35 ofthe Board's regulations. However, SDD has provided estimates for some of the

technologies considered to meet the Nickel and

Zinc standards.

21. With regard to Nickel,

Petitioner has estimated that reverse osmosis technology would

cost four

dollars per gallon without factoring in the cost of brine disposal and operating cost.

This would result in an estimated minimum

of $1 00 million in capital cost. The SDD has

estimated that ion exchange technology would result in roughly

half the capital cost of reverse

osmosis.

22. With regard to Zinc,

SDD states in the Petition that "[tJreatment options ... are the same

as described for

nickel." Petition at 17.

VI.

ENVIRONMENTAL IMPACT

23. As indicated in Sections I1LB, I1LC, and I1LD of the Petition, SDD has taken some steps

to reduce the concentrations

of Nickel and Zinc coming into the treatment plant, but further

significant reductions

will require large scale changes in the practices at ADM. Interim limits

are sometimes prescribed for dischargers receiving variances to hold down effluent

concentrations as much as currently possible, but concentrations coming to the

SDD plant should

be constant until control measures are in place making interim limits

of little use.

24. Illinois

EPA acknowledges that some reduction from historic levels has already occurred

8

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

and that SOD's effluent will be no worse during the variance period than it has been in recent

years. Therefore, while Illinois EPA is concerned that the

SDD effluent concentrations of these

metals are harmful, interim limits for

SDD to comply with prior to the Board's decision in this

matter are not necessary.

VII.

CONSISTENCY

WITH

FEDERAL LAW

25. There are no applicable federal laws or regulations that preclude the granting of this

variance. The State of Illinois has been delegated by the Administrator of the United States

Environmental Protection Agency to administer the National Pollutant Discharge Elimination

System for discharges into navigable waters within its jurisdiction under Section 402(b)

of the

Clean Water Act.

33 U.S.C. 1342(b) (2008).

VIII.

PERMIT

MODIFICATION AND ENFORCEMENT ACTION

26. The Illinois EPA issued a Permit Modification for the SDD NPDES Permit No.

IL0028321, on June 30, 2009. (Exhibit A) The main purpose of the modification was to extend

the compliance schedule deadlines

to allow Petitioner additional time to identify and implement

wastewater treatment technology to bring

SDD into compliance with the Nickel and Zinc

standards of the NPDES Permit. The Illinois EPA modified the permit as follows:

a. extended the compliance schedule from two to three years to allow for

achievement

of numeric limitations for Nickel and Zinc;

b. reinserted an outfall overlooked in the previously issued permit;

c. added storm water discharges and storm water requirements;

d. removed a special condition dealing with fluoride and dischlorobromomethane;

and

9

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e. changed Nickel and Zinc limits based on the metals translator (discussed in the

Statement

of Facts section ofthis Recommendation).

27. In addition to the current Petition for Variance, the Board granted Petitioner a Site-

Specific Rule exempting SDD from certain biochemical oxygen demand and suspended solids

discharge limits. This Site-Specific Rule can be found in Section 304.212 of Title 35 of the

Board Regulations.

35

Ill.

Adm. Code 304.212 (2002).

28. While the following violations are unrelated

to the subject matter ofthe Petition, the

Illinois EPA is required

by Section 1 04.216(b)( 4) to inform the Board of any past or pending

enforcement actions against the Petitioner. The

SDD has recently been issued three Violation

Notices for Overflows from Sanitary Sewers. Violation Notice W-2009-00181, issued on July 2,

2009, cited a sanitary sewer overflow that occurred on May 24, 2009. Violation Notice W-2009-

00188, issued July

2,2009, cited a sanitary sewer overflow that occurred on May 29,2009.

Violation Notice W-2009-00189, also issued July 2,2009, cited a sanitary sewer overflow that

occurred on June

1, 2009.

29. Finally, the

SDD has been the respondent to at least four Illinois EPA enforcement

actions that occurred more than 20 years ago, those include:

a. a case filed in U.S. District Court on December 17, 1982 that resulted in the SDD

paying a civil penalty of$I,OOO;

b. case number PCB 1977-238 was a Water enforcement case against both the City

of Decatur and Decatur Sanitary District that involved a fishkill resulting from

discharges from Decatur's combined sewer and wastewater treatment plant;

c. case number PCB 1977-157 was a mixed media enforcement case against Decatur

Sanitary District, A.E. Staley Manufacturing Company, and ADM that involved,

10

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

among other issues, violations ofthe dissolved oxygen limits set in the SDD's

NPDES permit; and

d. case number

PCB 1976-181 was an Air enforcement case (listed as a Land

enforcement case on the Board's website at

http://www.ipcb.state.il.us/COOLlextemallcasemenu.asp ) against Decatur

Sanitary District that involved excessive odors at the sewage treatment plant.

IX.

AGENCY RECOMMENDATION

30. Illinois EPA recommends that the Board grant the variance from the current permit limits

for Nickel and Zinc for the period

of five years with the conditions specified below.

31. The

Petition indicates that SDD is intent upon achieving compliance through the plan set

out in the

Petition. The SDD states, "[t]he District is proposing the following plan to achieve

compliance with nickel and zinc permit limits by the end

of the requested five-year variance term

... " Section VI of the Petition, pages 37 and 42. However, the Illinois EPA's recommendation

to grant the variance is contingent upon the Board including the following conditions in the

vanance:

a. Petitioner must amend its pretreatment ordinance within three months after the

filing

of this Recommendation to include Nickel and Zinc limits for all Significant

Industrial Users, present and future, that will ensure compliance with Petitioner's

NPDES permit limits for those parameters.

b.

Petitioner must pursue a sludge wasting technology that eliminates the sludge

produced

by ADM from the SDD wastewater treatment influent: The Illinois

EPA has determined that this technology is available to Petitioner and is likely to

eliminate the permit compliance problem for the Zinc parameter and reduce the

11

Electronic Filing - Received, Clerk's Office, July 30, 2009

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permit compliance problem for the Nickel parameter.

c. Petitioner must, in addition to the items listed in Section IV.lO on page 42 of the

Petition, include Illinois EPA in meetings to discuss interim progress at the July

1,

2010 and July 1, 2011 benchmarks. Before SDD can dismiss treatment

technology as a solution to the Zinc and Nickel water quality standards problem,

Illinois EPA must agree with

SDD that all viable technologies have been

adequately explored

by SDD. Only after such agreement with Illinois EPA may

SDD pursue site-specific relief from the Board. If SDD identifies an appropriate

technology to remedy the Zinc and Nickel water quality standards problem,

SDD

must pursue the technology as soon as possible to achieve compliance with

NPDES Permit No. IL0028321.

d. Finally, as mentioned in Section IV of this Recommendation, above, Illinois EPA

requests that the Board make the Variance conditional upon Petitioner's

investigation

of the additional technologies of electro-chemical decomposition

and capacitive deionization as a part

of its "technical and economic feasibility

reviews" discussed in Section VI.9.a.i. of the Petition.

32. The Illinois EPA reserves the right to supplement this Recommendation any time prior to

the closure

of the record in this proceeding.

Dated July 29,

2009

1021 North Grand Avenue East

PO Box 19276

Springfield

IL

62794-9276

217-782-5544

12

Respectfully submitted,

BY:bL~"A-2

Cha

. Kruse

~

Assistant Counsel

Illinois EPA

Electronic Filing - Received, Clerk's Office, July 30, 2009

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CERTIFICATE OF SERVICE

I, the undersigned, certify that I have served one electronic copy of the attached Agency

Recommendation

for Variance and

Certification

of Publication

upon:

Mr. John Therriault

Assistant Clerk

of the Board

Illinois

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago IL 60601

and one copy each to:

Katherine D. Hodge

HODGE DWYER

&

DRIVER

3150 Roland Avenue

POBox 5776

Springfield IL 62705-5776

Lauren

C. Lurkins

HODGE DWYER

&

DRIVER

3150 Roland Avenue

PO

Box 5776

Springfield IL 62705-5776

via first class

United States mail from Springfield, Illinois, on the 30th day of July 2009,

with postage fully prepaid.

SUBSCRIBED AND

SWORN TO BEFORE ME

this thirtieth day of July, 2009

(2:Cw

Electronic Filing - Received, Clerk's Office, July 30, 2009

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Exhibit A

Electronic Filing - Received, Clerk's Office, July 30, 2009

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST,

P.O.

Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - (217) 782-2829

JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, Sum 11-300, CHICAGO, IL 60601 - (312) 814-6026

DOUGLAS P.

Scan,

DIRECTOR

2171782-0610

June

30, 2009

Sanitary District of Decatur

50 I Dipper Lane

Decatur, Illinois.62522

Re:

.

Sanitary District ofDecatur Main STP

NPDES Permit

No. IL0028321

Modification ofNPDES Permit (After Public Notice)

Gentlemen:

The Illinois Environmental

Protection Agency has reviewed the request for modification of the

above-referenced

NPDES Permit and issued a public notice based on that request. The final decision of

the Agency is to modify the Pennit as follows:

I. The extension from the existing compliance schedule for nickel and zinc from two years to three years.

This extension

is necessary because work performed to date has not allowed achievement of numeric

limitations for nickel or zinc. Work performed includes a translator study, source investigation and

source elimination

or reduction including change of cooling water additives containing zinc,

housekeeping

practices, pH addition and other investigations. The additional time will be used to

investigate other treatment techniques that would include electro-coagulation and methods to

break tbe

glutin nickel cheaJating bond.

2. To place outfall 006 back in the permit since it was inadvertently removed.

J.

To add seven (7) existing stormwater discharges to the permit and place storm water requirements as a

Special Condition.

4. Removal

of Special Condition 8 because a reasonable potential to

sbowing no potential existed

to exceed water quality

dischlorobromomethane.

5. To cbange nickel and zinc limits based on the metals translator.

exceed analysis was performed

standards for fluoride

and

Enclosed is a copy of the modified Permit. You have the right to appeal this modification to the Illinois

Pollution Control Board within a 35 day period following the modification date shown on the first page of

tbe permit.

ROCKFORD - 4302 North Main Street, Rockford, Il 61103 - (815) 987.7760

•

DES PLAINES - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000

ELGIN - 595 South State, Elgin, IL 60123 - (847) 608-3131

.

PEORIA - 5415 N. University SL, Peoria, IL 61614 - (309) 693-5463

BUREAU

OF

LAND - PWRI'" - 7620 N. University St, Peoria, IL 61614 - (309) 693-5462

-

CHAMPAIGN - 2125 South First Street, Champaign, fL 61820 - (217) 278-5800

COLLINSVILLE _ 2009 Mall Street, Collinsville, IL 61234 - (6'8) 346-5120

.

MARION - 2309 W. Main SL, Suite 116, Marion, fL 62959 - (618) 993-7200

PRINTED ON RECYClfD PAPER

---

Page2

Should you have any question or comments regarding the above, please contact Richard E. Pinneo of my

staff.

Sincerely,

~~~~~f:f

Alan Keller, P.E.

Manager, Permit Section.

Division

of Water Pollution Control

SAK:REP:06120S03.bah

Attachment: Modified Permit

cc:

Records

Compliance Assurance Section

Champaign Region

Billing

US EPA

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

NPDES Permit No. IL0028321

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

Expiration Date: June 30, 2012

Name and Address of Pemnittee:

Sanitary District of Decatur

501 Dipper Lane

Decatur,

Illinois 62522

Receiving Waters: Sangamon River

Modified (NPDES) Permit

Issue

Date: April 20, 2007

Effective Date: July 1,2007

Modification Date: July 1, 2009

Facility Name and Address:

Sanitary District of Decatur Main STP

501 Dipper Lane

Decatur,

Ittinois

(Macon County)

In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of the Itt. Adm. Code, Subtitle C, Chapter I, and the

Clean Water Act (CWA), the above-named Pemnitiee is hereby authorized to discharge at the above location to the above-named

receiving stream

in accordance with the standard conditions and attachments herein.

Pemnittee is not authorized to discharge after the above expiration date. In order to receive authorization to discharge beyond the

expiration date, the Pemnittee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not

later than

180 days prior to the expiration date.

SAK:REP:06120503.bah

~~~~ef'

Alan Keller, P.E.

Manager,

Pemnit Section

Division of Water Pollution Control

---

Page2

Modification Date; July 1, 2009

NPDES

Permit No. IL0028321

Effluent Limitations. Monitoring. and Reporting

FINAL

Discharge Number(s) and Name(s);

001

STP Outfall

Load limits computed based on a design average flow (OAF) of

41.0

MGD (design maximum flow (DMF) of 125.0 MGD).

Excess flow facilities

(if applicable) shall not be utilized until the main treatment facility is receiving its maximum practical flow.

From the modification 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;

Parameter

Flow (MGD)

CBOD,-

Suspended Solids

Dissolved Oxygen

pH

Monthly

Average

6,839

(20,850)

8,549

(26,063)

LOAD LIMITS Ibs/day

OAF (DMF)"

Weekly

Daily

Average

Maximum

13,678

(41,700)

15,387

(46,913)

Shall not be less than 6 mglL

Shall be in the range of 6 to

9

Standard Units

CONCENTRATION

LIMITS MG/L

Monthly

Weekly

Daily

Average

Average

Maximum

20

40

25

45

Fecal

Coliform-'

Daily Maximum shall not exceed

400

per 100 mL (May through October)

Chlorine Residual'"

Ammonia Nitrogen

as (N)

March-May/Sept.-Oct.

June-August

Nov.-Feb.

Zinc ****

Nickel ........ '"

513 (1,564)

445

(1 ,355)

513 (1 ,564)

26 (78)

5.1 (16)

0.05

1,026

(3,128)

1.5

3.0

1,026 (3,128)

1.3

3.0

1,026

(3,128)

1.5

3.0

142 (434)

0.075

0.416

0,015

'Load limits based on design maximum flow shall apply only when flow exceeds design average flow.

"Carbonaceous BODs (CBOD,) testing shall be in accordance with 40 CFR 136.

'''See Special Condition 7 .

.... See Special Condition 17.

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.

Dissolved oxygen shall be reported on DMR as m.,nimum.

Sample

Sample

Frequency

Type

Continuous

2 days/week

Composite

2 days/week

CompOSite

2 days/week

Grab

2

days/week

Grab

2 days/week

Grab

2 days/week

Grab

2 days/week

Composite

2 days/week

Composite

2 days/week

CompOSite

5 days/week

Composite

5 days/week

Composite

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 3

Modification Date:

July 1, 2009

NPDES Permit

No. IL0028321

Effluent Limitations, Monitoring, and Reporting

FINAL

Discharge Number(s) and Name(s): 003 Oakland Avenue Treated Combined Sewage Outfall

004 South

Edward Street Treated Combined Sewage Outfall

007 McKinley

Avenue Treated Combined Sewage Outfall

008

Seventh Ward Treated Combined Sewage Outfall

These flow facilities shall not be utilized until the main treatment facility is receiving its maximum practical flow.

From the mOdification date of this

Permit until the expiration date, the effluent of the above dischargers) shall be monitored and limited at

all times as follows:

Parameter

Total Flow

(MG)

BOD

5

Suspended Solids

pH

See Below

CONCENTRATION

LIMITS

mglL

Monthly Average

Shall be in the range of 6 to 9 Standard Units

Sample Frequency

Daily When Discharging

Daily When Discharging

Daily When Discharging

Daily When Discharging

Sample Type

Continuous

Grab

Grab

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.

pH shall be reported on the DMR as a minimum and a maximum,

BOD

5

and Suspended Solids shall be reported on the DMR as a monthly average concentration,

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 4

Modification Date: Ju

1

y 1.

2009

NPDES Permit No. IL0028321

Influent

Monitoring. and Reporting

The infllJent

to the plant shall be monitored as follows:

Parameter

Flow (MGD)

BOD5

Suspended Solids

Influent samples shall be taken at a point representative of the influent.

Sample Frequency

Continuous

2 days/week

2 days/week.

Sample.

Type

"RIT

Composite

Composite

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.

"Recording. Indicating, Totalizing.

---

Page 5

Modification Date: July 1, 2009

NPDES Permit No. IL0028321

Soecial 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.

.

SPECIAL 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 III. Adm. Code 302.

SPECIAL CONDITION

6. Samples taken in compliance with the effluent monitoring requirements shall be taken at a point representative

of the discharge, but prior to entry into the receiving stream.

SPECIAL CONDITION 7. Fecal Coliform limits for Discharge Number 001 are effective May thnu 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

8.

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 September 3, 1985 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 detemnine 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 (1)(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;

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;

f.

Require development, as necessary, of compliance schedules

by

each industrial user for the installation of control

technologies to meet appl'lcable pretreatment standards; and,

g.

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 SIUs prior to expiration of existing permits or prior

to commencement of discharge in the case of new discharges. The permits at a minimum shan include the elements listed in 40

CFR

§

403.8(1)(1 )(iii).

3. 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

~

source of nondomestic discharge.

---

Page 6

Modification Date: July

1,

2009

NPDES Permit

No. IL0028321

Special Condifions

4. In addition to the general limitations expressed in Paragraph 3

above,

applicable pretreatment standards must be met by all industnal

~

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 andlor 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 alHUs discharging to its system.'

.

7. Unless already completed, the Permittee shall within six (6) months olthe effective date o(this Permit submit to USEPA andlEPA 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

6, 1995. 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. Reporting and Records Requirements

1. The Permittee shall provide an annual report briefly descnbing 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 descnptive summary of the compliance activities including numbers of any major enforcement actions, (i.e., administrative

orders, penalties, civil actions. etc.), and the outcome

olthose 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 infiuent, effluent, and sludge .

. e.

A summary of the findings from the priority pollutants sampling. As sufflcient 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.

---

Page 7

Modification Date:

July 1, 2009

NPDES Permit

No. IL0028321

Special Conditions

3. The Penmittee shall establish public participation requirements of 40 CFR 25 in implementation of its Pretreatment Program. The

Penmittee shall at least annually, publish the names ofalllU'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 Penmittee 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 Penmittee in any pemnit issued to the

Industrial User by Penmittee. 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.

Monitoring ReqUirements

1. The Permittee shall monitor its influent, effluent and sludge and report concentrations of the following parameters on monitoring

report

fonms provided by the IEPA and include them in its annual report. Samples shall be taken at quarterly (four times per year)

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

CODE

01097

01002

01007

01012

01027

01032

01034

01042

00718

00720

00951

01045

01046

01051

01055

71900

01067

00556

32730

01147

01077

01059

01092

* Influent and effluent only

**1 ng/L

= 1 part pertrillion,

PARAMETER

Antimony

Arsenic

Barium

Beryllium

Cadmium

Chromium (hex - grab not to exceed

24

hours)'

Chromium (total)

Copper

Cyanide (grab) (weak acid'

dissociable)'

Cyanide (grab) (total)

Fluoride*

Iron

(total)

Iron (Dissolved)*

Lead

Manganese

Mercury (effluent grab using

USEPA Method 1631 or equivalent)***

Nickel

Oil (hexane soluble or equivalent) (Grab Sample only)*

Phenols (grab)

.

Selenium

Silver (total)

Thallium

Zinc

*** Other approved methods may be used for influent (composite) and sludge

Minimum

reoorting limit

0.07 mg/L

0.05 mg/L

0,5 mg/L

0.005 mg/L

0.001

mg/L

0.01 mg/L

0.05 mg/L

0,005 mg/L

5,0 ug/L

5.0 ug/L

0.1 mglL

0.5

mg/L

0,5 mg/L

0.05 mg/L

0.5 mg/L

1.0

ng/L **

0,005 mg/L

5.0 mg/L

0,005 mg/L

0.005 mg/L

0.003 mg/L

0.3 mg/L

0.025 mg/L

Unless otherw',se indicated, concentrations refer to the total amount

olthe 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 once per year and reported on monitoring report fonms

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 nonmal to

maximum levels.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 8

Modification Date:

July 1, 2009

NPDES Permit

No. IL0028321

Special

Conditions

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 withUSEPA 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 altemate method has been approved

by IEPA.

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 wrth 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

9. The Permittee has undergone a Monitoring Reduction review and the influent and effluent sample frequency

has

been reduced forCBOD" BOD,.suspended solids:dissolved oxygen, pH, fecal coliform, chlorine residual and ammonia nitrogen due

to sustained compliance. The IEPA will require that the infiuent 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 10.

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

bean forms provided by IEPA titled "F'lscal Report Form For NPDES Perm"ittees".

SPECIAL CONDITION 11, The Permittee shall conduct biomonitoring of the effluent from Discharge Number(s) 001 ,

Biomonitoring

1.

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 Toxicity of Effluents and Receiving Waters

to Freshwater and Marine Organisms (Fifth Ed.)

EPAl821-R-02-D12. Unless substitute tests are pre-approved; the following tests are required:

a.

Fish - 96 hour static LCso Bioassay using fathead minnows (Pimephales promelas),

b.

Invertebrate 48-hour static LC50 Bioassay using Ceriodaphnia.

2.

Testing Frequency - The above tests shall be conducted using 24-hour composite samples unless othervvise authorized by

the IEPA. Samples must be collected in the 18th, 15th, 12th, and 9th month prior to the expiration date of this Permit.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 9

Modification Date:

July 1,

2009

NPDES Permit No, IL0028321

Special

Conditions

3,

Reporting - Results shall be reported according to EPAl821-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 olthe 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 Municioal Wastewater Treatment Plants, EPAl833B-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 Pemnittee 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 Pemnit during its temn 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 Pemnit to include numerical

limitations for specific toxic

pollutants. Modifications under this condition shall follow public notice and opportunity for

hearing.

SPECIAL CONDITION 12. Discharge Number 002 is an emergency high level bypass. Discharges from this

ove~ow

are SUbject to the

following conditions:

(1)

Definitions

(I)

"Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.

(Ii)

"Severe property. damage" means substantial physical damage to property, damage to the treatment facilities which

causes them to become inoperable,

or substantial and pemnanent 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.

(2)

Bypass not exceeding limitations, The

Pemnittee may allow any bypass to occur which does not cause effluent limitations to

be exceeded, but only if it also is for essential maintenance to assure efficient operation, These bypasses are not subject to

the provisions

of paragraphs (3) and (4) of this section,'

(3)

Notice

(I)

Anticipated bypass, If the Pemnittee knows in advance of the need for a bypass, it shall submit prior notice, if possible

at least ten days before the date

of the bypass,

(Ii)

UnantiCipated bypass, The Permittee shall submit notice of an unanticipated bypass as required in Standard

Condition

12(e)

of this Permit (24-hour notice),

(4)

Prohibition of bypass. Bypass is prohibited, and the IEPA may take enforcement action against a Permittee for bypass,

unless:

(I)

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(Ii)

There was no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated

wastes, or maintenance during normal periods of equ'lpment downtime. This condition is not satisfied if adequate

back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass

which occurred during normal periods of equipment downtime or preventive maintenance; and

(Iii)

The Permittee submitted notices as required under Standard Condition 12(e) of this Permi!.

(5)

Emergency Bypass when discharging, shall be monitored daily by grab sample for BOD5 and Suspended Solids. The

Permittee shall submit the monitoring results on Discharge Monitoring Report forms using one such form for each month in

which bypassing occurs, The Permittee shall specify the number of discharges per month that occur and shall report this

number in the quantity daily maximum column, The Pemnittee shall report the highest concentration value of BOD5 and

Suspended

Solids discharged in the concentration daily maximum column.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 10

Modification Date: July 1, 2009

NPDES

Permit No. IL0028321

Special Conditions

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, sad 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 specifie.d in this Pe.rmit.

Planned Changes. The Permittee shall give notice to the IEPA on the semi-annual report of any changes in sludge. use and disposal.

The

Permitte.e. shall re.tain records of all sludge monitoring, and reports re.quired by the Sludge. Permit as referenced in Standard CondITion

23 for a pe.riod of at Ie.ast 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.

'::10nitoring

reports for sludge shall be reported on the form titled "Sludge Management Reports" to the following address:

SPECIAL CONDITION 14.

Illinois Environmental Protection Agency

Bureau of Water

Compliance Assurance

Se.ction

Mail Code #19

1021 North Grand Avenue East

Post Office Box 19276

Springfield,

Illinois

62794-9276

AUTHORIZATION OF

COMBINED SEWER AND TREATMENT PLANT DISCHARGES

The IEPA has determine.d 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. overfJow(s)/bypass(es) listed below provide.d the dive.rsion stnucture is

locate.d on a combine.d sewer and the following terms and conditions are met:

Discharge Number

A03

A04

AD6

AO?

A08

Treatment Requirements

Location

Oakland Avenue CSO Treatment Bypass

South Edward Street CSO Treatme.nt Bypass

F

airvie.w Park CSO

McKinle.y

Avenue CSO Treatment Bypass

Seventh Ward CSO Treatment Bypass

Receiving Water

Sangamon River

Sangamon River

Stevens Creek

Unnamed tributary of Spring Creek

Sangamon River

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.

Treatment as described in PCB AS 91-7 and dated June 23,1992 shall be provided. The terms and conditions of this

Board

Order are hereby incorporated by reference as if fully seHorth herein; and,

---

Page 11

Modification Date: July 1, 2009

NPDES Permit No. IL0028321

Special

Conditions

b.

Any additional treatment, 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 shaU be operated to optimize transport of wastewate( 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);

b.

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);

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);

f.

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);

g.

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,

i.

Monitoring to characterize impacts and efficiency of

eso

controls (Compliance with this Item shall be met through the

requirements imposed by Paragraphs 10 and 11 of this Special Condition).

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 12

Modification Date: July 1, 2009

NPDES

Permit No. IL0028321

Special

Conditions

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

conta.lned.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.govINPDESlpubs/owm0030.pdf. The PPP (or revised

PPP) shall be presented to the generill 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

with'ln 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 Ptan Certification" one (1)

with.

original

signatures.

This

certification

form.. is

available

online

at

htip:llwww.epa.state.il.uslwater/permlts/waste-waterlforms/cso-pol-prev.pdf. 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 tentatively determined that none of the 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) month s of the date of notificaflon, or such 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 II.C.3 of the National CSO Control Policy.

Operational and Maintenance Plans

8.

The IEPA reviewed and accepted a CSO operational and maintenance plan "CSO O&M plan" on February 1, 2000 prepared for

this sewerage system. The Permittee

shall review and revise, if needed, the CSO O&M plan to reflect system changes.

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

http://www.epa.state.il.us/water/permits/waste-water/forms/cso-checklist.pdf. 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 refiect 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 fioatables entering the receiving stream and

to ensure that the Permittee ultimately achieves compliance with water quality standards. These plans, tailored to the local

govemments'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;

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 13

Modification Date: Ju

1

y

1, 2009

NPDES Permit No. IL0028321

Special

Conditions

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; and,

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 ofthis 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 reviewof.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:llwww.epa.state.il.us/water/permits/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;

d.

provide that any new building domestic waste connection shall be distinct from the building inflow connection,.to facilitate

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,

f.

notify the owners of all publicly owned systems with combined sewers tributary to the Permittee's collection system of their

obligations to 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),

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 14

Modification Date: July 1, 2009

NPDES Permit

No. IL0028321

Special Conditions

b.

Based on available infomnation, it appears that the CSOs authorized in this Permit meet the criteria of Section II.CA.a.i of

the federal CSO Control Policy of 1994 (Policy), not more than four overflow events per year, and are presumed to meet

the water quality-based requirements of the federal Clean Water Act. Pursuant to Section I.C.1 and Section II.C.9 of the

Policy, the Pemnittee shall develop a post-construction water quality monitoring program adequate to verify compliance

with water quality standards and

to verify protection of designated uses in the receiving water(s) and to ascertain the

effectness of CSO controls. This program shall contain a plan that details the monitoring protocols to be followed,

including any necessary effiuent and ambient monitoring, and if appropriate, other monitoring protocols such as biological

assessments, whole effiuent toxicity testing, and sediment sampling. This plan shall be presented to the public at an

informational meeting within nine (9) months of the effective date of this Permit. Within twelve (12) months of the

effective date of ihis Pemnit, the Pemnittee shall submit a summary of all significant issues raised 'by the' public, the

Pemnittee's response to each issue, and two (2) copies of the final plan (revised follow'lOg the public meeting, if necessary)

. implementing the post-construction

mon'itoring program. The post-construction monitoring plan shall be implemented

within six (6) months of the date of IEPA approval. The Pemnittee shall respond to an IEPA review letter in writing within

ninety (90) days of the date of such an initial review letter and within thirty (30) days of any subsequent review letter(s), if

any. Within thirty (30) months of the approval of the plan, the results shall be submitted to the IEPA along with

recommendations and conclusions as to whether or not the discharges from any of the CSOs (treated or untreated)

authorized by this Pemnit are causing or contributing to violations of applicable water quality standards or causing use

impaimnent in the receiving water(s).

c.

Should the results of the post-construction water quality monitoring plan or if infomnation becomes available that causes

IEPA to conclude that the discharges from any of the CSOs (treated or untreated) authorized to discharge under this

Permit are causing or contributing to violations of water quality standards or are causing use impairment in the receiving

water(s), the IEPA witl notify the Pemnittee in writing. Upon receiving such notification, the Penmittee shall develop and

implement aCSO Long-Temn Control Plan (LTCP) for assuring that the discharges from the CSOs (treated or untreated)

authorized in this Pemnit comply with the provisions of Paragraph 10.a above. The L TCP' shall contain all applicable

elements of Paragraph 10.d below including a schedule for implementation

and provisions for re-evaluating compliance

with applicable standards and regulations after complete implementation. Two (2) copies of the LTCP shall be submitted

to the tEPA within twelve (12) months of receiving the IEPAwritten notice. The LTCP shall be:

1.

Consistent with Section II.CA.a.i of the Policy; or,

2.

Consistent with either Section II.CA.a.ii, Section II.CA.a.iii, or Section II.CA.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.

d.

Pursuant to the Policy, the required components of the L TCP include the following:

1.

Characterization, monitoring, and modeling of the Combined Sewer System (CSS);

2.

Consideration of Sensitive Areas;

3.

Evaluation of altematives;

4.

CosUPerformance 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 initiallEPA 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 L TCP shall be as indicated by IEPA in writing or other enforceable mechanism.

Monitoring. Reporting and Notification Requirements

11.

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.

---

Page 15

Modification Date: July 1, 2009

NPDES Permit

No. IL0028321

Soecial

Conditions

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 outiall. 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 for such report forms.

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

eso

occurrences and CSO impacts, with consideration given to including mass media andlor 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 io the general public

at a public information meeting conducted by the Permittee. The Permittee 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 infonmation 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 shall submit copies of the public notification program to the IEPA upon written request.

13.

If any of the CSO discharge points listed in this Special Condiiion 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 Compliance Dates in this CSO Special Condition

14.

The follow'lng 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)

Elimination of a

CSO or Discovery of Additional CSO

Locations (Paragraph 13)

Control (or Justification

lorNa Control) of CSOs to

Sensitive Areas (Paragraph 7)

Certification of

Sewer Use Ord'lnance Review (Paragraph 9)

Implement Post-Constnuction Monitoring Plan (Paragraph 10)

No Submittal Due with this Milestone

Conduct

Pollution Prevention, OMP, Post-Constnuction Monitoring Plan

and PN Public Information Meeting (Paragraphs, 6, 8,10 and 12)

No Submittal Due

with this Milestone

Submit Pollution Prevention Certification, OMP Certification,

Post-Construction Monitoring Plan and PN Information Meeting

Summary (Paragraphs, 6, 8, 10 and 12)

Submit CSO Long-Term Control Plan (Paragraph 10)

Submit'

Results of Post-Constnuction Monitoring Plan (Paragraph 10)

15th of every month

.1 month from discovery or elimination

3 months from IEPA notification

6 months from

the effective date of this Permit

6 months from the date of

IEPA plan approval

9 months from the effective date of this Permit

12 months from the effective date of this Permit

12 months from the date of IEPA notification

30 months from the date of IEPA plan approval

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 16

NPDES Permit No. IL0028321

Special

Conditions

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

All submittals hand carred shall be delivered to 1021 N?rth Grand Avenue East.

. Reooening and Modifving this

Permit

Modification Date: July 1, 2009

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 Permittee and approved by the IEPA, or other requirements and dates which are necessary to cany 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.

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/edmrlindex.html.

The completed Discharge Monitoring Report forms shall be submitted to IEPA no later than the 15th 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

SPECIAL CONDITION 16. The Permittee has collected data in support of developing a site-specific metals translator for nickel and zinc.

The IEPA has reviewed the sample data and has revised effluent limitations for these parameters based on the metal translator

determined from the

collected data.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 17

Modification Date:

July 1, 2009

NPDES Permit

No. IL0028321

Special

Conditions

SPECIAL CONDITION 17.

Project Description: Compliance with Nickel and Zinc Water Quality Standards

Thirty-six (36) months from the effective date of this Permit Ihe following nickel and zinc limits and monitoring requirements found on page

two of this permit shall become effective:

.

Zinc

Nickel

Load Limits Ibslday

DAF IDMFr

Monthly Avg ..

Daily Max.

26 (78)

5.1 (16)

142(434)

Concentration

limits

mall

Monthly Avg.,

0.075

0.015

Daily

Max.

0.416

'Load limits based on design maximum flow shall apply only when flow exceeds the design average flow.

The

Permittee shall complete the project described above in accordance with the following schedule:

(1)

Interim Report on effluent and stream sampling to

date and what measures are necessary to comply

with Final Nickel and Zinc Limitations

(2)

Interim Report

(3)

Interim Report

(4)

Interim Report

(5)

Interim Report

(6)

Permittee Achieves

Compliance with Final

Nickel

and Zinc Effluent Limitations

6 months from

the effective date 01 this Permit

12 months lrom the effective date of th'ls Permit

18 months from the effective date of this Permit

24 months from the effective date of this Permit

30 months from the effective date

01 this Permit

36 months from

the effective date of this Permit

This Permit may be modified, with

Public Notice, to include revised compliance dates set out in this Permit that are superseded or

supplemented

by compliance dates in judicial orders, Pollution Control Board orders or grant agreements, Prior to such permit

modificat'lon, the revised dates in the appropriate orders or grant agreements shall govem the Permittee's compliance.

In addition, the IEPA may initiate a modification of the construction schedule set forth ',n this Permit at any time, to include other dates

which are necessary to carry out the provisions of the

Illinois Environmental Protection Act, the Federal Clean Water Act or regulations

promulgated under those Acts or

compliance dates which have been submitted in writing by the Permittee and approved by the IEPA.

Public Notice of such modifications and opportunity for public hearing shall be provided consistent with 40 CFR

§

122.63.

REPORTING

The Permittee shall submit a report no later than fourteen (14) days following the completion dates indicated for each numbered item in

the compliance schedule, indicaflng. a) the date the item was completed, or b) that the item was not completed, All reports shall be

submitted to IEPA at the following address:

Illinois Environmental Protection Agency

Divir~jon

of Water Pollution Control

1021 North Grand Avenue East

Post Office box 19276

Springfield, Illinois 62794-9276

Attention:

Compliance Assurance Section, Mail Code

#

19

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 18

Modification Date: July 1, 2009

NPDES Permit

No. IL0028321

Special

Conditions

SPECIAL CONDITION 18.

STORM

WATER POLLUTION

PREVENTION PLAN

(SWPPP)

1. A storm water pollution prevention plan shall be developed by the permittee and submitted to the Agency for each facility covered by

this penmit. The plan shall identify potential sciurces of pollution which may be expected to affect the quality of storm water

discharges associated with the industrial activity at the facility.

In addition, the plan shall describe and ensure the implementation of

practices which are

to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility and

to assure compliance with the tenms and conditions of this permit. An electronic copy of the plan shall be submitted to the Agency at

the following email address:

epa.indilrDOswppp@i1l'1nois.gov. The permittee shall submit any. modified plan to the Agency, when

such modification includes substantive changes to the plan or modification is made to the plan for compliance with this permit.

a. Waters not classified as Impaired pursuant to Section 303(d) of the Clean Water Act

Unless otherwise specified by federal regulation,

the storm water pollution prevention plan shall be designed for a storm event

equal to or greater than a 25-year 24-hour rainfall event.

b. Waters classified as Impaired pursuant to Section 303(d) of the Clean Water Act

For any site which discharges directly

to an impaired water identified in the Agency's 303(d) listing, and if any parameter in the

subject discharge has been identified as the cause of impairment, the storm water pollution prevention plan shall be designed for

a storm event equal

to or greater than a 25-year 24-hour rainfall event. If required by federal regulations, the storm water

pollution prevention plan shall adhere to a more restrictive design criteria.

2

Plans for new facilities shall be completed prior to submitting an NOI to be covered under this permit. An electronic copy of the storm

water pollution prevention plan shall be submitted to the Agency at the following email address: epa.indilrOOswopp@illinois.gov.

Plans shall provide for compliance with the terms of this permit prior to operation of any industrial activity to be covered under th',s

permit.

[Note: If the plan has already been required to be developed under a previous permit it shall be maintained in accordance

with

all requirements of this special condition.]. The owner or operator of an existing facility with storm water discharges covered by

this permit shall make a copy of the plan available to the Agency at any reasonable time upon request.

Facilities which discharge to a municipal separate storm sewer system shall also make a copy available to the operator of the

municipal system at any reasonable time upon request.

3. The permittee may be notified by the Agency at any time that the plan does not meet the requirements of this permit. After such

notification, the permittee shall make changes to the plan and shall submit a revised plan to the Agency, with the requested changes

that have been made. Unless otherwise provided, the permittee shall have

30 days after such notification to make the changes.

4. The discharger shall amend the plan whenever there is a change in construction, operation, or maintenance which may affect the

discharge of significant quantities of pollutants to the waters of the State or if a facility inspection required by paragraph E.8.of this

permit indicates that

an amendment is needed. The plan should also be amended if the discharger is in violation of any conditions of

this permit, or has not achieved the general objectives of controlling pollutants

in storm water discharges. Amendments to the plan

shall

be made within 30 days of any proposed construction or operational changes at the facility, and shall be submitted to the

Agency.

5. The plan shall provide a description of potential sources which may be expected to add significant quantities of pollutants to storm

water discharges, or which may result

in non-storm water discharges from the facility. The plan shall include, at a minimum, the

following items:

a. A topographic map extending one-quarter mile beyond the property boundaries of the facility, showing: the facility, surface

water bodies, wells (including injection wells), seepage pits. infiltration ponds,

and the discharge points where the facility's storm

water

diSCharges to a municipal storm drain system or other water body. The requirements of this paragraph may be included

on the site map if appropriate. Any map or portion of map may be withheld for security reasons.

---

Page 19

Modification Date: July 1, 2009

NPDES Permit

No. IL0028321

Special Conditions

b. A site map showing:

i.

The storm water conveyance and discharge structures;

ii.

An outline of the storm water drainage areas for each storm water discharge point;

iii.

Paved areas and buildings;

iv.

Areas used for outdoor manufacturing, storage, or disposal

of significant materials, including activities that generate

significant quantities of dust or

partiCUlates; .

.

v.

Location of existing or:!"ture storm water structural control measures/practices (dikes, coverings, detention facilities, etc.);

vi.

Surface water locations and/or municipal storm drain locations;

vii.

Areas of existing and potential soil erosion;

viii.

Vehicle service areas;

ix.

Material loading. unloading, and access areas;

x.

Areas under Items iv and ix above may be withheld from the site map for security reasons.

c. A narrative description of the following:

i.

The nature of the industrial activities conducted at the site, including a description of significant materials that are treated,

stored or disposed of in a manner to allow exposure

to storm water;

.

ii.

Materials, equipment, and vehicle management practices employed to minimize contact of significant materials with storm

water discharges;

iii.

Existing or future structural and non-structural control measures/practices to reduce pollutants in storm water discharges;

iv.

Industrial storm water discharge treatment facilities;

v.

Methods of onsite storage and disposal of significant materials.

d. A list of the tyPes of pollutants that have a reasonable potential to be present in storm water discharges in significant

quantities. Also provide a list of any pollutant that is listed

as impaired in the most recent 303(d) report .

.

e. An estimate of the size of the facility in acres or square feet, and the percent of the facility that has impervious areas such

as pavement or buildings.

f. A summary of existing sampling data describing pollutants in storm water discharges.

6. The plan shall describe the storm water management controls which will

be implemented by the facility. The appropriate controls

shall refiect identified existing

and potential sources of pollutants at Ihe facility. The descriplion of the storm water management

controls shall include:

a. Storm Water Pollution Prevention Personnel - Identification by job tities, direct telephone numbers and email addresses of the

individuals who are responsible for developing, implementing, and revising

the plan.

b. Preventive Maintenance - Procedures and frequencies for inspection and maintenance of storm water conveyance system

devices such as oil/water separators, catch basins, etc., and inspection and testing of plant equipment and systems that could

fail and result

in discharges of pollutants to storm water.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Page 2U

Modification Date: Jul Y 1, 2009

NPDES Permit

No. IL0028321

Special

Conditions

c. Good Housekeeping - Good housekeeping requires the maintenance of clean, orderly facility areas that discharge stonm water.

Material handling areas shall be inspected and cleaned to reduce the potential for pollutants to enter the storm water conveyance

system.

d. Spill Prevention and Response - Identification of areas where significant materials can spill into or otherwise enter the stonm

water conveyance systems and their accompanying drainage pOints. Specific material handling procedures, storage

requirements, spill cleanup equipment and procedures should be identified, as appropriate. Internal notification procedures for

spills of significant materials should be established.

.

e. Storm Water Management Practices - Stonm water management practices are practices other than those. which control the

source of pollutants. They include measures such as in'stalling oil and grit separators, diverting storm water into retention

basins, etc. Based on assessment of the potential of various sources to contribute pollutants, measures to remove pollutants

from storm water discharge

shall be implemented. In developing the plan, the following management practices shall be

considered:

i.

Containment - Storage within benms or other secondary containment devices to prevent leaks and spills from entering stonm

water runoff. To the maximum extent practicable, storm water discharged from any area where material handling

equipment

.

or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are

exposed to stonm water should not enter vegetated areas or surface waters or infiltrate into the soil unless adequate

treatment is provided.

ii.

Oil & Grease Separation - Oil/water separators, booms, skimmers or other methods to minimize oil contaminated stonm

water discharges.

iii. Debris & Sediment

Control - Screens, booms, sediment ponds or other methods to reduce debris and sediment

in

stonm

water discharges.

iv. Waste

Chemical Disposal - Waste chemicals such as antifreeze, degreasers and used oils shall be recycled or disposed of

in an approved manner and in a way which prevents them from entering storm water discharges.

v. Storm Water Diversion - Stonm water diversion away from materials manufacturing, storage and other areas of potential

storm water contamination. Minimize the quantity of storm water entering areas where material handling equipment or

activities, raw materials, intenmediate products, final products, waste materials, by-products, or 'industrial machinery are

exposed to stonm water using green infrastructure techniques where practicable in the areas outside the exposure area, and

otherwise divert stonm water away from the exposure area.

vi.

Covered

Storage or Manufacturing Areas -

Covered

fueling operations, materials manufacturing and storage areas to

prevent contact wtth stonm water.

vii.

Mercury Switch Removal and Recycling - Mercury-containing convenience lighting switches and anti-lock brake assemblies

shall be

removed

from vehicles, and recycled in an approved manner, in a way which prevents mercury from entering the

storm water discharges.

viii. Storm Water Reduction -

Install vegetation on roofs of buildings within and adjacent to the exposure area to detain and

evapotranspirate runoff where the preCipitation falling on the roof is not exposed to contaminants, to minimize storm water

runoff; capture storm water in devices that minimize the amount of storm water runoff and use this water as appropriate

based on quality.

f.

Sediment and Erosion Prevention - The plan shall identify areas which due to topography, activities, or other factors,

have

a high

potential for significant soil erosion. The plan shall describe measures to limit erosion.

g. Employee Training - Employee training programs shall infonm personnel at all levels of responsibility of the components and

goals of the storm water pollution prevention plan. Training should address topics such as spill response, good housekeeping

and

material management practices. The plan shall identify periodic dates for such training.

---

Page 21

Modification Date: Jul y 1, 2009

NPDES Permit

No. IL0028321

Special

Conditions

h. Inspection Procedures - Qualified plant personnel shall be identified to inspect designated equipment and plant areas. A

tracking or follow-up procedure

shall be used to ensure appropriate response has been taken in response to an inspection.

Inspections and maintenance activities shall be documented and recorded.

7. Non-Storm water Discharges - The plan shall include a certification that the discharge has been tested or evaluated for the presence

of non-storm water discharges. The certification shall include a description of any tests for the presence of non-storm water

discharges,

the methods used, the dates of the testing, and any onsite drainage paints that were observed during the testing. Any

facility that is unable to provide this certification must describe the procedure of any test conducted for the presence of non-storm

water discharges, the test

results, potential SOurces of non-storm water discharges to the storm sewer, and why adequate tests for

such storm sewers were not

feasible. Except as provided in C.1. b., discharges 'not comprised entirely of storm water are not

authorized by this permit.

8. Quarterly Visual Observation of Discharges - The requirements and procedures for quarterly visual observations are applicable to all

facilities covered under this permit, regardless of your sector of industrial activity.

a. You must perform.and document a quarterly visual observation of a storm water discharge associated with industrial activity from

each outfall. The visual observation must be made during daylight hours. If no storm event resulted in runoff during daylight

hours from the facility during a monitoring quarter, you are excused from the v',sual observation requirement lor that quarter,

provided you document

in your records that no runoff occurred. You must sign and certify the documentation.

b. Your visual observation must be made on samples collected as soon as practical, but not to exceed 1 hour 01 when the runoff or

snowmelt begins discharging from your facility. All samples must be collected from a storm event discharge that is greater than

0.1 inch in magnitude and that occurs at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm

event. The observation must document:

color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen,

and other obvious indicators of storm water pollution.

If visual observations indicate any unnatural color, odor, turbidity,

floatable material,

oil sheen or other indicators of storm water pollution, the permittee shall obtain a sample and monitor for the

parameter or the list of pollutants in Part E.5.d.

c. You must maintain your visual observation reports onsite with the SWPPP. The report must include the observation date and

time, inspection personnel, nature of the discharge (i.e., runoff or snow melt), visual quality of the storm water discharge

(including observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious

indicators of storm water pollution), and

probable sources of any observed storm water contamination.

d. You may exercise a waiver of the visual observation requirement at a facility that is inactive and unstaffed, as long as there are

no industrial materials or activities exposed to storm water. If you exercise this waiver, you must maintain a certification with

your SWPPP stating that the site is inactive and unstaffed, and thatlhere are no industrial materials or activities exposed to storm

water.

e. Representative Outfalls - If your facility has two or more outfalls that you believe discharge substantially identical effluents,

based

on similarities of the industrial activities, significant materials, size of drainage areas, and storm water management

practices occurring within the drainage areas of the outfalls, you may conduct visual observation of the discharge at just one of

the outfalls and report that the results also apply to the substantially identical outfall(s).

f.

The visual observation documentation shall be made available to the Agency and general public upon written request.

9. The permittee shall conduct an annual facility inspection to verify that all elements of the plan, including the site map, potential

pollutant sources,.and structural and non-stru.ctural controls to reduce pollutants in industr'lal storm water discharges are accurate.

Observations that require a response and the appropriate response to the observation shall be retained as part of the plan. Records

documenting significant observations made during the site inspection

shall be submitted to the Agency in accordance with the

reporting requirements of this permit.

10. This plan should briefly describe the appropriate elements of other program requirements, including Spill Prevention Control and

Countermeasures

(SPCC) plans required under Section 311 of toe CWA and the regulations promulgated thereunder, and Best

Management

Programs under 40 CFR 125.100.

11. The plan is considered a report that shall be available to the public_at any reasonable time upon request.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Modification Date: July 1, 2009

NPDES Permit No. IL0028321

Special

Conditions

12. The

plan shall include the signature and title of the person responsible for preparation of the plan and include the date of initial

preparation and each amendment thereto.

13. Facilities which discharge storm water associated with

industrial activity to municipal separate storm sewers may also be subject to

additional requirements imposed by the operator of the municipal system.

REPORTING

1, The facility shall submit an electronic copy of the arinualinspection report to the Illinois Environmental Protection Agency. The

report shall include results of the annual facility inspection which is required by Part 9 of the Storm Water Pollution Prevention Plan of

this permit.

The report shall also include documentation of any event (spili, 'treatment unit malfunction, etc.) which would require an

inspection, results of the inspection, and any subsequent corrective maintenance activity. The report shall be completed and signed

by the authorized facility employee(s) who conducted the inspection(s). The annual inspection report is considered a public

document that shall be available to the public at any reasonable time upon request.

2. The first report

shall contain information gathered during the one year time period beginning with the effective date of coverage under

this permit and shall be submitted no later than 60 days after this one year period has expired. Each subsequent report shall contain

the previous year's information and shall be submitted no later than one year after the previous year's report was due.

3. If the facility performs inspections more frequently than required by this permit, the results shall be included as additional information

in the annual report.

'

4. The permittee shall retain the annual inspection report on file at least 3 years, This period may be extended by request of the Illinois

Environmental Protection Agency at any time.

Annual inspection reports shall be submitted to the following email and office addresses: epa.indannualinsp@illinois,gov

Illinois Environmental Protection Agency

Division of Water

Pollution Control

Compliance

Assurance Section #19

Annual Inspection Report

P.O. Box 19276

Springfield, Illinois 62794-9276

5. Any permittee shall notify any regulated small municipal separate storm water system owner (MS4 Community) that they have

received coverage of a

general ILROO permit. The permittee shall submit any SWPPP or any annual inspection to the MS4

community upon request by the MS4 community,

---

Attachment H

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

PU.b. L

92-500.

as amended. 33 U.S.C. 1251 et seq.

NPDES (National Pollutant Discharge Elimination System) means the national program for

issuing. modilying. revoking

and reissuing. terminating. monitoring and enforCing pennits. 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.

Dally Discharge means the discharge of a pollutant measured during a calendar day or

any

24-hour period thal.reasonably represents the calendar day for purposes of sampling. For

pollutants with

limitations expressed in units of mass. the "daily discharge" is calculated as

the total mass of the pollutant discharged over the day. For pollutants with limitations

expressed in o1her units of measurements. the "daily discharge" is calculated as the average

measurement

of the pollutant over the day.

Maximum Dally

Discharge Limitation

(daily

maximum) means the highest allowable daily

discharge.

Average Monthly Discharge Limitation (30

day

average) means ihe 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. that month.

Average Weekly Discharge Limitation (7 day average) means the highest allowable

average of daily discharges over a calendar

week. calculated as the sum of all daily

discharges measured during a calendar week divided by the number

of daily discharges

measured during that week.

Best Management Practices (BMPs)

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

spec~ied

volume used to make up a total composite sample.

Grab

Sample means an individual sample of at least

100

milliliters collected at 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 at least 3 sample aliquots of at 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

millililers collected at periodiC intervals such that 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 pennittee must comply with all conditions of this permit. Any

permit noncompliance conslitutes a violation

of the Act and is ground s for enforcement

action. permit termination. revocation and reissuance. modification. or for denial of a

permit renewal

application. The permittee shall comply with effluent standards or

prohibitions eslablished under

Section 307(a) of the Clean Water Act for toxic

pollutants within Ihe time provided

in the regulations that establish these standards or

prohibitions. even

if the pennit has not. yet been modified to incorporate the

requirement.

(2)

Duty to reapply. If the permittee wishes to continue an activity regulated by this pennit

after the expiration date of this pennlt. the permittee must

apply for and obtain a new

permil.

If the permittee 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 farce and

effect until the final Agency decision on the application has been made.

(3) Need to hatt or reduce activity not a defense .. It shall nat be a defense for a

permittee

in an enforcement action that It would have been necessary to halt or reduce

the permitted activity

in order to maintain compliance with' the conditions of this penni!.

(4) Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent

any discharge

in violation of this permit which has a reasonable likelihood of adversely

affecting human heallh or the environment.

(5) Proper operation and maintenance. The permittee shall at all times properly operate

and maintain all facilities and systems

of treatment and control (and related

appurtenance.s) which

are Installed or used by the permittee to achieve compliance

with conditions of this permit. Proper operation and maintenance includes effective

performance. adequate funding. adequate operator

staffing and training. and adequate

laborotory and process controls. including appropriate quality assurance procedures.

ThiS proviSion requires the operation of back-up. or auxiliary facilities. or similar

systems

only when necessary to achieve compliance with the conditions of the permit.

(6)

Permit actions. This penni!

may

be :modified; revciked.and,relssLied. or terminated

for cause by the Agency

p~rsuant

to 40 CFR1.22.62. The.filing oi-arequest.by-the

pennlttee

for a penni! modification. revocation and reissuance.. :or lemination or. a

notification of planned changes or antiCipated

noncompliance. does not stay ahy

pennit condition.

.

(7)

Property rights. This penni! does not convey any property

d~hts.Of

any sort. or any

exclusive privilege.

(8)

Duty to' provide Information. The permittee

'Sh~llii~~lsh:io;the\A.genCy-Wiiliin

a

reasonable time. any information which the Agency:may.requeSt,{Oi'detemi'ine:wtlfiIH-er

cause exists for modffying. revoking

ilndTeissuirig;orterminatfn9~ihis:'permif..tir"i6

determine compliance with the permit ..

Thepennittee:Shi;lIl.also:fil·mi~Hto

the Agiirlcy.

upon request. copies of records required to be kept by this' pennlt.

(9)

.Inspectlon.and entry . The

pennltteesha1J~U~wariaUtho~iz'ij~:*~pie~~~tative

cif1he

Agency. upon the presentation of credentials and otherdocuments as may be reqiiired

by law. to:

(a) Enter upon the

permlttee's premises wherearegulated3facility or activity is

located or conducted. or where records must be kept. under the conditions of this

permH;

Jb). Haile access to.andcopy. atreasonable.iimes. any records that must be'kept

under the conditions of this pennlt;

(c)

Inspect at:reasonable times

anYfaCilities;.eqUipri,erif'(inti~d\n·g.mOnitOring'lind

control equipment). practices. or operations regulated onequired under :Iliis

penntt;and

(d) Sample or .moriltor at. reasonable ,times; Jor:the .,purpose::of-:assuring ;permit

compliance. or as otherwise authorizedbytJieAcl. any.substances or parameters

at

any

location.

(10)

Monitoring and records.

(a)

Samples and measurements taken'for ..the

purposeofmon:ii~ring

shall 'be

representative of the monitored activity.

(b) The pennittee shall'retaln records

Of.ali.moniioring.inioiiTi'aiio~

.. including;all

calibration and. maintenance records;. arid.all original strip:;charirecordihgsi/ilT

continuous monttoring instrumentation •. cOpies.of :.all.,reports"Tequked ':by:ihis

pennit.

and records of all data used to complete.the :applicatioii"for:this pemiit;'Jor

a period of at least 3 years from the. date..of this .permlt. measurement. repoM:cir

application. This period may be extended by request.of the Agency at 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 perfonned;

(4) The individual(s) who performed the analyses;

(5) The analytical techniques or methods used;

and

(6) The resuits 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 thispermtt_

Where no test procedure under.40 CFR Part 136 has .:been approved •. the

pennlttee must submit to the Agency a test method for approval. . The permittee

shall

calibrate and perform maintenance procedures an all monitoring and

analytical instrumentation atintervals to ensure accuracy of me.asurements.

(11)

Signatory requirement. All applications. reports or information submitted to the

Agency shall be signed and certified.

(a)

Applicatton. All pennit applications shall be signed as follows:

(1)

For

8

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

8

partnership or sole proprietorship: by a general partner or tte

proprietor. respectively; or

(3)

For

8

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 (s) or by a duly

authorized representative of that person. A person is a duly authorized

representative

only if:

(1) The authorization is made in writing by a person described in paragraph (a);

and

(2) The authorization specifies either an

individual 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.

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

rdyt::

LOot.

(C).

Changes of Authorization. If an authorization under (b) is no longer accurate

because a different individual or position has responsibility for the overall

operation of The facility, a new authorization satisfying the requirements of (b)

must'be submitted to the Agency prior to

or together with any reporls, information,

or applications .to be signed by an authorized representative.

(12)

Reporting requirements.

(a) Planned changes. The permittee shall give notice to the Agency as soon as

possible of any planned physical allerations or

addllions to the permitted facility.

(b)

Anticipated noncompliance. The permittee shall give advance notice to the

Agency of any planned changes

in the permitted facility or activity which may

result .in noncompliance with permit requirements.

(c)

Compliance schedules. Reports of compliance or noncompliance with. or any

progress reports on, interim and final requirements contained in

any compli.mce

schedule of this permit shall be submitted no later than 14 days following each

schedule date.

(d)

MonitOring reports. Monitoring resutts shall be reported at the intervals

specified elsewhere

in this permit.

(1) .Monitoring results must be reported on a Discharge Monitoring Report

(DMR).

(2)

If the permittee monitors any pollutant more frequently than' required by the

permit, using test procedures approved under 40 CFR 136 or as specified

in iIle permit, the results of this monitoring shall be included in the calculation

and reporting

olthe data submitted in the DMR.

(3) .. Calculations for all limitations which require averaging of measurements

shall'utilize 'an arithmetic mean unless otherwise specified by the Agency in

the permit.

(e)

TwentY-four hour reporting. The permittee shall report any noncompliance

which may endanger

heaHh or the environment. Any information shall be

provlde'~

orally within 24.hours from the time the permittee becomes aware of the

circums\ances. A written submission

shall also be provided within 5 days of the

timecthe'permlttee becomes aware of the circumstances. The written submission'

shall:'contain .a description of the noncompliance and its cause; the period of

noncompliance,~including"exad'dates

and time; and Wthenoncompliance has not

bee"'.:corrected .... the anticipated .time It is expected to continue; and sleps taken

or'pla"'nedto',~educe,

eliminate, and prevent reoccurrence of the noncompliance.

TheJoliowingshall be:included as information'which must be reported within 24

hours:

(1) Any unanticipated bypass which exceeds any effluent limitation

in the

permtt;

(2) Violation of a maximum daily discharge limitation for any of the pollutants

"listed'bythe~'Agency

Inthe permit to be reported within 24 hours.

The .. Agency may waive .the written report on a case'-by-case basis If the oral

ff\p{;lrt:hasbeen :received iNlthin24 hours.

(I)

Ot~er

noncompliance.

The permittee shall report air instances of

no~compliance

,not reported under paragraphs (12)(c), (d), or (e), at the time

mcmitoring reports.are.submltted. The reports. shall contain the information listed

jn~1l.i:lragraph{12)(e).

.

(g)pt~.erlnformation

.. Where the permHtee becomes aware that" failed to submit

'~'1y,[elevanf1acts;jn"a'permlt

.application, or submitted incorrect information in a

:pel'Q1lt:applicalion, or in any.report to the Agency, it shall' promptly submit such

;fact~:"'r'informaUon.

(13)

Tf:aA.S.f"r'Of~permlts.A

permit may be automatically transferred to a new permittee

If:.........

(a) The'current . permittee notifies the 'Agency at least 30 days in advance of the

'pro:~osed

transfer. date:

(b) The.notice includes a written agreement between the existing and new permittees

'corntaining 'a specific date' for-transfer of permit responsibility, coverage and

liabilitY'betweeri:thecurrent,and new permittees; and

(c)

The' :Agency does not notify the existing permittee and the proposed new

'permlttee of its"intent to

mod~y

'or revoke and reissue the permtt. If this notice is

not 'received,

the transfer is effective on the date specified in the agreement.

(14)

All manufactUring, commercial, mining, and sllvicultural dischargers must notify the

Agencya.ssoon.as they' know or have resson to believe:

(a) Thal'any activity has occurred or will occur which would result in the discharge of

.anY'.toxic pollutanf'identifiedunder Section 307 of the Clean Water Act which is

nor.'limned inthe:permit,iflhat'discharge will exceed the highest of the following

notificalion

levels:

(1) One hundred micrograms per liter (100 ugn);

(2) Two hundred micrograms per liter (200 ugn) for acrolein "imd acrylonitrile;

five hundred micrograms per

liter (500 ugn) for 2,4-dinltrophenol and for 2-

methyl-4,6 dinitrophenol; and one milligram per liter

(1 mg/l) for antimony.

(3) Five (5) times the maximum concentration value reported

for that pollutant

In the NPDES permit application; or

(4) The level established by the Agency in this permit.

(b) That they have begun or expect to begin to use or manufacture as an

intemi'~diate

or final product or byproduct any toxic pollutant which was not reported in the

NPDES permit application.

(15)

All Publicly Owned Treatment Works (POTWs) must provide adequate notice to the

Agency of the following:

.

(a) . Any

new introduction of pollutants into that POTW from an indirect discharge

which would be

subject.to Sections 301 or 306 of the Clean Water Act if it were

directly discharging those pollutants; and

(b) Any substantial change

in the volume or character of pollutants being Introduced

into that P01W by a source introducing pollutants into the P01W at Ihe time of

issuance of the permit.

(c) For purposes of this paragraph, adequate notice

shall include informalion on (I)

the quality and quantity of effluent introduced into the P01W, and (ii) allY

anticipated impact of the change on the quantity or quality of effil!enl 10 be

discharged from the P01W.

(16)

If the permit is issued to a publicly owned or publicly regulated treatment works, the

permittee

shall require any industrial user of such treatment works to comply With

federal requirements conceming:

(a) User charges pursuant to

Section 204(b) of the Clean Water Act, and applicable

regulations appearing

in 40 CFR 35;

(b) Toxic pollutant effluent standards and' pretreatment standards pursuant

to Section

307 of the Clean Water Act; and

(c)

Inspection, monitoring and entry pursuant to Section 308 of the Clean Water Act.

(17)

If an applicable standard or limitation is promulgated under Section 301(b)(2)(C) and

(0). 304(b)(2), or 307(a)(2) and that effluent standard or limitation is more stringent

than any effluent limitation in the permit, or controls a pollutant not limited in the

permtt, the permit shall be promptly modified or revoked, and reissued

10

conform to

that effluent standard or limitation.

.( 18) Any authorization to construct issued to the permittee pursuant to 35 III. Adm. Code

309.154 is hereby incorporated by reference as a condition of this permit.

(19) The permittee shall not make any false statement, representation

or cerlification in any

application, record, report, plan or other document .submitted to the Agency or the

USEPA, or required to be maintained under this permit.

(20)

The Clean Water Act provides that any person who violates a permit condition

implementing Sections

301, 302, 306. 307, 30B. 31 B, or 405 of the Clean Water Act

is subject to a civil penalty not to exceed $10,000 per day of such violation. Any

person

who wllffully or negligently violates permit conditions implementing Sections.

301, 302, 306, 307,

or 30B of the Clean Water Act is subject to a fine of not less than

$2,500 nor more than $25.000 per day of violation, or by imprisonment for nol more

than one year, or both.

(21)

The Clean Water Act provides that any person who falsifies. tampers with. or

knowingly renders inaccurate any monitoring .

device or method required to be

maintained under permit shall, upon conviction. be punished by a fine of not more than

$10,000 per violation, or by imprisonment for not more than 6 months per violation, or

by

both.

(22) The Clean Water Act provides that any person who knowingly makes any false

statement, representation,

or certification in any record or other document submitted

or required to be maintained' under this permit shall, including monitoring reports or

reports of compliance or non-compliance shall. upon conviction. be pUl'lished by a fine

of not

more than $10.000 per violation, or by imprisonment for not more than 6 months

per violation,

or by both.

(23)

Collected screening, slurries, sludges, and other

solids shall be disposed of in such

a manner as to prevent entry of those wastes (or runoff from' the wastes) into waters

of the State. The proper authorization for such disposal shall be obtained from the

Agency and is incorporated as part hereof by reference.

(24)

In case of connict between these standard conditions and any other condition(s)

included

in this permit, the other condition(s) shall govern.

(25) The permittee shall comply with, in addition to the reqUirements of the permit, all

applicable provisions of 35111. Adm. Code, Subtitle C, Subtitle 0, Subtitle E, and'all

applicable orders of the Board.

(26)

The provisions of this

permit are severable, and if any provision of this permit, or the

application of any provision. of this permit is held

invalid. the remaining provisions of

this permit shall continue in full force and effect.

(Rev. 3-13-98)

Electronic Filing - Received, Clerk's Office, July 30, 2009

---

Exhibit B

---

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Petition:, for Variance

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,On .June 115:' 2009,tlle

s<!!}ita~bistr.i:~t

of pecatur. ("the

Pistri~')

filed a

P.~titio~,~

forNariance fromthe.distharge'limitssetih the DistriCt's National Pollutant ...

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Jischarg~l,*~?a~~n

~ystem (;'NtQ~~r:-)

perni~.

TreD.iitri~t's'~i!J:pj~t,I"\,;~

. located at501 DIpper bane,:Decatur, Macon CountY, treats domestJcapd mdustrlal

. wastewater fonhe Cit)iof

De~atuf,'i:he

Villages

of

Forsyth:and

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industrial entities such as Ncher Daniels Midland (" ADM").The District..

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The District is petitioning the Illinois Pollution Control Board ("the Board') for a, \ ,

'5-yearvariance fromthe

nickelan~

zinc parameters of its current NPDES permit:'

.

The standards for nickel

ai\d'ziri~ fr~m

whlch' the. District is seekihgvariance are, '

.

'~etforth

insectlon302,20S(e)ofTitle 35 ofthtiIllinoisAdminjstrative Code, The""

't~methods

for arriving at those

s~dfu.ds

are set 6ut at 304.105 or Title 35 of the ,'e' '

'Illin~is

Administrative

Cod~: Th~

District IS also seeking a

modificati~n

of the '\'

NPDES wmit cO!lslstentwith the variance.discusseq

abgvepurs~ant

to Section • .

,. 309.184 of Title 35 oftiie Ihhl0is Mministrative Cod.e: The'Board may grant;. " .

variances purs\limt to Sectioh35 Qf the

Environme~taI

Protection Act and Sectloh,

li04 o(Title 35 6f

theillinoisAd~inistr~tive

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• "Any person may request 11 hearing on the District's Petition for Vai-iancdiyfilinga,

. Written objection with

the.Bo~d

within 2i

days.~r

publicatioriof tlusnotice;" ::r"

together \\lith a

w~itten r~qliest

f9r hearing. A copy of the VarIaUCe may be

. ;-

.obtained through the Board's

Clerk'~

office at; "',,

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Office of the Clerk

Illj~ois

poliution Cohtrol Board

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James H:'Thompson Ceriter ' ,,',

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100 West Randolph Suite 11'-500,

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The

Illinois'EPAi~ prepari~g

a recomrriendation to be filed with fue Board'

.

re,gardihg the

Dis!rkt's.,~~tition

for

Vari~c~. ,The,r~?lllmemli\tion'iniist

be~Ied

WIth the Board pn'or before July 30; 2009. A heanng may be held after the filIng of

the Illinois EPA:s nitorlunendatiohwith'the 86ard arid the hearing record wHll:''';'

rerriain open fot

writt~n

,comrn(mts' for 45 days after the Illinois EPA's filing.

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The record

Of

this proce.erling before the Board is

availa,~le

at the Boar,d's office Jor

'.1' .'

iilspection.by;the

p~bllc

wlththe

exce~tionofP~rtions ~rotected frOrriqi$clo,su~e:

~;

l.in~ei;S~ct1oh

~3,O

ofTit!e

3~

of

th~

illino,is

Admil)i~trati)l~

Code.

R~~ce~ures

are : '.

'availaplefor the pUblic to seek

disd~silre

of those Protede9 portioh.s. ,,'

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furtheririfdrmat~on;

ctmtactSanjay Sofat;

t:taruig~r,Pivisiori <?fWa~,:';:-··

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Pollution Control, llljhois EPA; 1021

N.

Grand AvehiJe East;, P.O. Box 19276,1'. :'

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Springfteid,

tlliii()I,s';~2194:9276;

phone: 217 -558120J2; ei:Ilaii'"

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Sailiay.Sofat@i!Iinois,gov"

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Electronic Filing - Received, Clerk's Office, July 30, 2009