[Adopted 11-13-1995 by Ord. No. 201 (Ch. 54, Art. IV, of the
2003 Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Title 40 of the Code of Federal Regulations.
The Federal Water Pollution Control Act, as amended, 33 U.S.C
§ 1251 et seq., 86 Stat. P.L. 92-500.
The American Society of Testing Materials.
The amount of oxygen consumed during the biochemical oxidation
of wastewater as measured under standard laboratory procedures in
five days at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
That part of a drainage system which extends from the end
of a building drain and conveys its discharges to a public sewer,
private sewer or sewage disposal system or other point of disposal.
The intentional diversion of waste streams from any portion
of an industrial user treatment facility as defined in 40 CFR 403.17.
Industrial users shall comply with all parts of 40 CFR 403.17 (53
FR 40615, October 17, 1988).
An individual, privately owned system for the disposal of
sewage, other than a public sewer.
The amount of oxygen required to chemically oxidize organic
and inorganic constituents of wastewater as measured under standard
laboratory procedures, expressed in milligrams per liter.
The City of Dowagiac.
A sewer receiving both surface and runoff sewage.
The introduction of waste, wastewater, effluent, pollutants,
liquids, solids, or other substance into the Village’s sewage
system, whether intentional or unintentional, and whether directly
(such as through an approved sewer connection or other approved discharge
point as authorized by this article) or indirectly (including, but
not limited to, sources such as inflow and infiltration). Discharge
includes the introduction of waste, wastewater, effluent, or pollutants
into the Village’s sewage system by any means or method of conveyance,
including, but not limited to, the following: pipes; conduits; pumping
stations; ditches; tank trucks; the ground through defective pipes,
pipe joints, or walls; roof leaders; cellar, yard, or area drains;
foundation drains; drains from springs or wetlands; manhole covers;
crossover pipes from storm sewers; catch basins; storm sewers; surface
runoff; street wash waters; or other drainage.
[Added 6-8-2020 by Ord. No. 262]
Liquid wastes from the noncommercial preparation, cooking
and handling of food or wastes containing human excrement, and similar
matter, from the sanitary conveniences of dwellings, commercial buildings,
industrial facilities and institutions.
The Federal Water Pollution Control Act of 1948, as amended
by P.L. 92-500 (1972) and P.L. 95-217 (also known as the Clean Water
Act of 1977).
Wastes from the domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage and sale of
produce.
A source that introduces pollutants to the sewage system
from any nondomestic source regulated under Section 307(b), (c) or
(d) of the Federal Water Pollutant Control Act and this article.
Any solid, liquid or gaseous waste resulting from any industrial
manufacturing trade, or business process, as distinct from domestic
and sanitary waste, or from the development, recovery or processing
of natural resources.
The inhibition or disruption of the Village sewage system,
including treatment processes or operations, or its sludge processes,
use or disposal, which is a cause or significantly contributes to
a violation of any requirement of the city's National Pollutant Discharge
Elimination System permit, or other state or federal laws and regulations.
The workmanship to be included in performance of the sewer
connection and in computation of tap-in fees. This will include, but
not be limited to, all necessary clearing and grubbing, excavation,
pavement control, pavement removal and replacement, erosion control,
safety control, noise control, restoration of damaged property, trench
dewatering, backfill and compaction, bracing, pipe installation and
connections, and transportation and delivery of materials for the
desired connection.
Any federal regulation containing pollutant discharge limits
promulgated by the U.S. Environmental Protection Agency which applies
to a specific category of industrial users.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any building, structure, facility or installation of which
the construction commenced after the publication of proposed pretreatment
standards under Section 307(c) Federal Water Pollution Control Act
(33 U.S.C. § 1317) shall be classified as a new source provided
that the:
Construction is a site at which no other source is located;
Process or production equipment that causes the discharge of
pollutants at an existing source is totally replaced; or
Production or wastewater generating processes are substantially
independent of an existing source at the same site.
Water used for cooling purposes which does not come into
direct contact with any raw material, intermediate, waste or finished
product.
All liquid or water-carried wastes other than domestic wastewater.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge from other sources, causes a violation of any requirement
of the POTW's National Pollutant Discharge Elimination permit (including
an increase in the magnitude or duration of a violation).
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste,
discharged into water, onto soil or emitted into the air.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, discharging, or otherwise introducing
pollutants into the Village sewage system.
Any approved system for the disposal of domestic wastewater
which is privately owned and maintained.
Any sewer in which all owners of abutting properties have
equal rights, and is owned and/or controlled by the Village.
A treatment works as defined by Section 212 of the Federal
Water Pollution Control Act, including any devices and systems used
in the storage, treatment, recycling and reclamation of municipal
sewage and industrial waste. The system includes sewers, pipes and
equipment used to convey wastewater to the treatment facility. The
term also includes the municipality as defined in Section 502(4) of
the Federal Water Pollution Control Act which has jurisdiction over
indirect discharges to, and the discharge from, such a treatment works.
The Resource Conservation and Recovery Act of 1976 (P.L.
94-580).
Any liquid, water-carried or gaseous industrial or domestic
waste from dwellings, commercial buildings, industrial facilities
and institutions which is contributed into, or permitted to enter,
the sewage system.
All publicly owned facilities for collecting, pumping, treating
and disposing of sewage.
All industrial/commercial users subject to categorical pretreatment
standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
Industrial/commercial users that discharge an average of 25,000
gallons per day, or more, of process wastewater to the POTW, excluding
sanitary, noncontact cooling and boiler blowdown wastewater.
Industrial/commercial users contributing a process waste stream
which makes up 5%, or more, of the average dry weather hydraulic or
organic capacity of the POTW.
Industrial/commercial users designated as a significant user
by the POTW on the basis that the industrial/commercial user has a
reasonable potential for adversely affecting the POTW's operations,
or for violating any pretreatment standards or requirements, in accordance
with 40 CFR 403(f)(6).
The POTW may, at any time, on its own initiative or in response
to a petition received from an industrial/commercial user or POTW,
and in accordance with 40 CFR 403.8(f)(6), determine that such industrial/commercial
user is not a significant user based upon a finding that it has no
reasonable potential for adversely affecting the POTW's operation
or violating any pretreatment standards or requirements.
A violation which remains uncorrected 45 days after notification
of noncompliance, which involves a failure to accurately report noncompliance,
or which resulted in the POTW exercising its emergency authority under
40 CFR 403.8(f)(v)(vi)(B).
Any discharge of water, sewage or industrial waste, which
in concentration of any given constituent or in quantity of flow,
exceeds for any period of duration more than five times the average
twenty-four-hour concentration or flow during normal operations.
The Superintendent of Public Works of the Village or his
duly authorized designee.
Actual physical installation of the wye and/or tee complete
to include the house connection and incorporates any part that exists.
See definition of "labor."
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the industrial user. An
upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance or careless or improper
operation.
Any person who discharges, or causes or permits the discharge
of, wastewater into the Village sewage system.
Any useless or discarded substance, matter or material in
any form.
See definition of "sewage."
A.
Any person found to be violating any provision of this article shall
be served by the Village with written notice stating the nature of
the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time
stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be responsible for a civil infraction.
C.
Any person violating any of the provisions of this article shall
become liable to the Village for any expense, loss or damage occasioned
the Village by reason of such violation.
Whenever the Village finds that any user has violated this article,
or any prohibition, limitation or requirement contained in this article,
that user shall be served a written notice stating the nature of the
violation, the date and time it occurred, and the section of the article
under which the violation is charged. Such user shall be given 10
working days to provide a written response to such notice, specifying
the cause of the violation, measures that will be undertaken to correct
the violation and, if required, a timetable to achieve compliance.
The Village shall immediately and effectively terminate the
sewer service of any user, after informal notice, to halt or prevent
the discharge of pollutants to the sewage system which reasonably
appears to present an imminent endangerment to human health or welfare,
an endangerment to the environment or which threatens to interfere
with the operation of the sewage system. Any user who has been issued
a notice of violation from the Village, and does not take measures
to correct the cause of the violation in a timely fashion, or allows
the violation to continue, may be served with a written notice stating
that the water and/or sewer service to the premises where the violation
has occurred shall be terminated. All costs incurred by the Village
for the termination of the services in accordance with the provisions
of this section shall be borne by the user causing or allowing such
violation.
Any falsification of information required by the Village in
accordance with the provisions of this article shall constitute an
offense.
A list of all industrial users which were the subject of enforcement
proceedings pursuant to this article during the 12 months preceding
January of each year shall be published by the Village in the Village's
largest daily newspaper. Such list shall include a summary of the
enforcement actions taken against users whose violations remained
uncorrected 45 or more days after notification of noncompliance, or
which have exhibited a pattern of noncompliance over the twelve-month
period, or which involve failure to accurately report noncompliance.
Industrial users shall have an affirmative defense in any action
brought against them alleging a violation of the general prohibitions
established in the sewer use ordinance, users permit or 40 CFR 403.5(a)(1),
(b)(3), (b)(4) and (b)(5). No affirmative defense shall be allowed
pertaining to surcharging for extra strength wastewater.
A.
Authority. Authorized representatives of the Village and state or
federal agencies exhibiting proper credentials and identification
shall be permitted to enter the premises of any user of the sewage
system at reasonable times, during emergencies or during regular business
hours, for the purpose of inspection, observation, measurement, sampling,
copying of records retained for the purpose of complying with the
requirements of this article, and testing in accordance with the provisions
of these regulations. The representatives shall have no authority
to inquire into any processes that do not have a direct bearing on
the kind and source of discharge to the sewage system.
B.
Protection. While on the premises of any user, the authorized representative
of the Village shall observe all reasonable safety rules applicable
to the premises. The user shall be held harmless for injury or death
to the Village employees, and the Village shall indemnify the user
against loss or damage to its property by Village employees, and against
liability claims and demands for personal injury or property damage
asserted against the user and growing out of such activity, except
to the extent caused by negligence or failure of the user to maintain
safe conditions.
A.
Private disposal systems. No person shall construct or maintain any
privy, privy vault, septic tank, cesspool or other facilities intended
or used for the ultimate disposal of sewage except where a public
sewer is not available.
B.
Permit. No person shall commence construction of a private sewage
disposal system without first obtaining a permit from the county,
state or federal agency responsible for issuing such permit after
first inquiring with the Village about the accessibility of the municipal
sewer.
C.
Compliance with health regulations. The type, capacities, location
and layout of a private sewage disposal system shall comply with all
recommendations of the County Department of Public Health. No permit
shall be issued for any private sewage disposal system employing subsurface
soil absorption facilities where the area of the lot is less than
4,000 square feet. No septic tank or cesspool shall be permitted to
discharge to any natural outlet.
D.
Discontinuance of private disposal system. The owner of a premises
served by a private sewage disposal system situated on land abutting
or fronting any street, alley or easement in which a public sewer
has been installed shall connect such premises to the public sewer
within 90 days after such sewer is available for use. The owner shall
clean the sludge out and fill in the private sewage disposal system
with clean bank-run gravel or granular materials.
E.
Operation of private disposal system. The owner shall operate and
maintain the private sewage disposal system in a sanitary manner at
all times at no expense to the Village.
Any user required to provide pretreatment of its discharges
to the sewage system to meet applicable National Pretreatment Standards
and/or the requirements of this article, shall prepare a plan to achieve
compliance with such standards and requirements. Such plan shall be
submitted to the Superintendent within a reasonable period of time
as specified by the Village and shall include all information requested
by the Village. The plan shall be prepared in accordance with good
engineering practices and shall identify what measures shall be implemented
by the user to ensure compliance. The following provisions shall also
apply:
A.
Compliance schedule. Any user required to provide pretreatment or
implement other measures to achieve compliance with National Pretreatment
Standards or the requirements of this article shall prepare a schedule
of compliance for the completion and operation of pretreatment facilities
and/or measures that will be implemented to achieve compliance. The
Village shall have the right to modify such schedule to ensure that
compliance is achieved in a timely fashion.
B.
Plans and specifications. When required, all plans and specifications
for pretreatment facilities, or for the expansion or modification
of such facilities, shall be prepared by a person licensed to do such
work in accordance with applicable state or federal law.
C.
Certification of operator. When required by the Village, the supervision,
control and operation of pretreatment facilities provided by a user
shall be by a person certified by the state to operate industrial
wastewater facilities.
D.
Operation. Pretreatment facilities shall be maintained continuously
by the user in satisfactory and effective operation at no expense
to the Village.
E.
New source compliance deadline. New sources shall install, have in
operating condition and start up all pollution control equipment required
to meet applicable pretreatment standards before beginning to discharge.
New sources must meet all applicable pretreatment standards within
the shortest feasible time, not to exceed 90 days, from commencement
of discharge.
F.
Net/gross calculations. Categorical pretreatment standards may be
adjusted by the Village to reflect the presence of pollutants in the
industrial users intake water in accordance with 40 CFR 403.15(a),
(b)(1), (b)(2), (b)(3), (b)(4) and (c).
A.
Accidental discharges. Every user of the sewage system shall provide,
when required by the Superintendent, protection from accidental discharge
into the sewage system of materials that cause or may cause interference
with the sewage system or pass through of the wastewater treatment
plant.
B.
Spill prevention plans. All major users shall be required to prepare
spill prevention plans which describe how the user intends to prevent
a spill from occurring and what actions will be undertaken if a spill
occurs. The spill prevention plan submittal shall provide a minimum
of the following:
(1)
Identification of the type of materials used or stored on site.
(2)
Identification of potential spill situations.
(3)
A description of existing and/or proposed containment structures
used to prevent a spill from reaching the sewage system.
(4)
A description of existing and/or proposed on-site materials to be
used to prevent a spill from reaching the sewer system.
(5)
A description of procedures that will be used to prevent a spill
and/or accidental discharge from entering the sewage system, including
instructions for notifying appropriate authorities.
(6)
A description of the emergency cleanup procedures.
(7)
A description of the type of surveillance the user intends to employ
at the site in order to detect and prevent pollutant discharges.
C.
Containment facilities. Every user of the sewage system shall provide
facilities to contain spillage from storage areas or tanks. The containment
shall be constructed of earth, steel, concrete or solid masonry designed
to be liquid-tight and to withstand a full hydrostatic head. The containment
structure shall have a capacity to hold at least 150% of the tank
volume or, in the case of multiple tanks within one contained area,
150% of the largest tank volume. Plans and specifications for all
containment facilities shall be submitted to the Superintendent for
approval. The Superintendent may require any user to take interim
measures for emergency containment if circumstances so require.
A.
Permit and inspections. No unauthorized person shall uncover, make
any connections with or opening into, use, alter or disturb any public
sewer, or appurtenance thereof, without first obtaining a written
permit from the Superintendent. No permit may be issued unless there
is capacity available in all downstream sewers, lift stations, force
mains and the wastewater treatment plant for the proposed discharge.
The applicant for a building sewer permit shall notify the Village
when the building user is ready for inspection and connection to the
public sewer. The connection shall be made under the supervision of
the Superintendent.
C.
The owner or his representative shall make application on a form
proscribed by the Village. All applicants for building permits shall,
when required by the Superintendent, submit plans and specifications
for all proposed construction, including plumbing, within such building
or premises, and other information deemed pertinent by the Superintendent.
A.
All significant industrial users shall be required to obtain a nondomestic
user discharge permit from the Superintendent prior to discharging
of any wastewater. Permit application forms may be obtained from the
Superintendent of Public Works.
B.
Any significant industrial user which discharges nondomestic waste
into the sanitary sewer system prior to the effective date of the
ordinance from which this article is derived, and who wishes to continue
such discharges in the future, shall, within 90 days after the effective
date of the ordinance from which this article is derived, obtain from
the Village a nondomestic user discharge permit, and shall not cause
or allow discharges to continue 180 days from and after the effective
date of the ordinance from which this article is derived, except in
accordance with a permit issued by the Superintendent.
C.
Any significant user proposing to begin or recommence discharging
nondomestic wastes into the sanitary sewer system must obtain a nondomestic
user discharge permit prior to beginning or recommencing such discharge.
A permit application form must be filed at least 90 days prior to
the anticipated startup date.
Building sewer permit and inspection fees are set forth in this section according to such classes identified in § 300-18B.
A.
Residential/domestic wastewater dischargers. A permit fee in the
amount established by resolution, plus time and material.
B.
Commercial/industrial dischargers. A permit fee shall be set periodically
by official Village Council resolution. Such schedule shall establish
multiplying factors based on usage compared to the equivalent residential
user (eru) of 4,000 gallons at $200 per single factor, plus time and
material.
A.
The size, slope, alignment, materials of construction of a building
sewer and the methods to be used in excavating, placing of pipe, jointing,
testing and backfilling the trench, shall conform to the requirements
of the applicable Village plumbing codes, or other applicable rules
or regulations of the Village. Where connections are made to sewer
main wyes or tees, only approved joint materials shall be used. Residential
building sewers shall have an inside diameter of not less than four
inches. All other classes of building sewers shall have an inside
diameter of not less than six inches. All materials used in making
connections must conform to the following specifications:
B.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor so that gravity service can
be provided.
Each home or building sewer shall have an independent building
sewer and connection to the public sewer unless written permission
is granted by the Superintendent. Owners of homes or buildings with
existing joint building sewers shall maintain, replace and operate
such sewers at no cost to the Village. The Superintendent may require
owners of homes and buildings with joint building sewers to be connected
to the public sewer with an independent building sewer, when deemed
necessary.
Old building sewers may be used in connection with new buildings
only when found by examination by the Superintendent to meet the requirements
of this article.
In all buildings where any building drain is too low to permit
gravity flow to the building sewer, sewage carried by the building
drain shall be lifted by means approved by the Superintendent and
discharged to the building sewer. Where such lift devices are provided,
they shall be maintained and operated by the owner at no expense to
the Village.
All excavations in the public right-of-way and on private property,
for the purpose of installing building sewers, manholes and related
appurtenances, as well as connections to the public sewer, shall be
adequately guarded with barricades and lights so as to protect the
public from hazards. Streets, sidewalks, parkways and other public
property disturbed in the course of work shall be restored in a manner
satisfactory to the Village within two weeks after the work has been
completed and at no expense to the Village.
All costs and expenses incident to the installation and connection
of a building sewer shall be borne by the owner. The owner shall indemnify
the Village from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
No person shall maliciously, willfully or negligently break,
damage, destroy, deface, tamper with or alter any structure, property,
appurtenances, equipment or any other item which is part of the Village
sewage system. Persons connecting to the sewage system shall not discharge
or cause to be discharged any stormwater, surface water, groundwater,
roof runoff or subsurface drainage. Persons with existing connection
to the sewage system shall not discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff or subsurface
drainage which would result in an increase in the volume of such waters
presently discharged. No new connections to the sewage system shall
be allowed for the discharge of such waters. No person shall discharge
sewage, industrial wastes or other wastes to the sewage system without
having first complied with the terms of this article.
Whenever a stoppage of a sewer occurs, the user affected shall
notify the Village unless the stoppage is located on private property.
The user shall first determine if the stoppage is not located on private
property before notifying the Village. The user shall be responsible
for expenses incurred if determined that the stoppage was located
on private property. The Village shall be responsible to remove a
stoppage when it is located in the Village's sewer main or the sewer
lateral installed by the Village from the sewer main to the public
right-of-way line (property boundary line) or limits of an easement
granted to the Village for the purposes of the installation, construction
and maintenance of a sewer main. The user shall be responsible to
remove stoppages at no expense to the Village, when such stoppage
is located between the public right-of-way line or easement limit
and the building being served.
The Superintendent shall notify those industrial users that
are subject to applicable National Pretreatment Standards and any
applicable requirements under Section 204(b) and 405 of Federal Water
Pollution Control Act, as amended, and Subtitles D and E of the Resource
Conservation and Recovery Act, as amended.
No person shall introduce any pollutant into the Village sewage
system that will pass through or cause interference with the operation
or performance of the Village sewage system or the city treatment
system. These general prohibitions apply to all industrial users introducing
pollutants into the sewage system, whether or not the source is subject
to other National Pretreatment Standards or any other local, state
or National Pretreatment requirements.
No person shall discharge or cause to be discharged into the
sewage system any of the following:
A.
Any substance which, by reason of its nature or quantity, may create
a fire or explosion hazard, or be injurious to the Village's sewage
system, the city's POTW or the operation of the POTW, including, but
not limited to, waste streams with a closed-cup flashpoint of less
than 140° F. or 60° C., using the test methods specified in
40 CFR 261.21 (52 FR 1600, January 14, 1987).
B.
Pollutants in an amount which cause or may cause corrosive structural
damage to the sewage system.
C.
Solid or viscous materials in amounts which cause or may cause obstruction
to the flow resulting in interferences to the sewage system.
D.
Any pollutant released in a discharge at a flow rate and/or pollutant
concentration which causes or may cause interference with the sewage
system.
E.
Heat in amounts which inhibits or may inhibit biological activity
in the sewage treatment system resulting in interference or heat in
such quantities that causes or may cause the temperature at the sewage
treatment plant to exceed 40° C. (104° F.).
F.
Sewage which causes or may cause restriction of hydraulic capacity
in the sewage system.
G.
Sewage which causes or may cause damage or loss of durability to
structures in the sewage system.
H.
Sewage which may result in toxic gases, fumes or vapors in a quantity
capable of causing health and safety problems to workers or the general
public.
I.
Sewage which exhibits a pH less than 6.5 or greater than 9.5 standard
units.
J.
Any waters for the purpose of diluting nondomestic discharges which
otherwise would not be in conformance with any local, state or National
Pretreatment Standard.
K.
Material in sufficient amounts which cause or may cause an objectionable
coloration or odors in the sewage system.
L.
Any radioactive wastes or isotopes of such concentration as may exceed
limits established by the state and/or national regulations.
M.
Sewage which causes or may cause the city wastewater treatment plant
to violate the provisions of its National Pollutant Discharge Elimination
System permit.
N.
Petroleum oil, nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass through.
O.
Wastewater trucked or hauled, except at points designated by the
control authority.
No person shall discharge or cause to be discharged into the
sewage system any pollutants in amounts exceeding standards promulgated
by the administrator of the U.S. Environmental Protection Agency pursuant
to Section 307(a) of the Federal Water Pollution Act.
No person shall discharge or cause to be discharged into the
sewage system any wastewater containing concentrations of pollutants
that pass through or interfere with the operation of the wastewater
treatment plant and the disposal of treatment process residuals. Systemwide,
supplemental local limits on the maximum concentration, or mass limitations
of pollutants allowed in wastewater discharged to the Village sewage
system are listed in this section. The amendment or modification of
such supplemental limits may be adopted by resolution of the Village
Council following approval by the state department of natural resources.
|
Concentration Local Limits
| |||
|---|---|---|---|
|
Parameter
|
Daily Maximum Limit
(mg/l)
|
Monthly Average Limit
(mg/l)
| |
|
(1)
|
Arsenic (T)
|
2.30
|
1.15
|
|
(2)
|
Cadmium (T)
|
1.40
|
0.70
|
|
(3)
|
Chromium (T)
|
6.00
|
3.00
|
|
(4)
|
Copper (T)
|
7.00
|
3.50
|
|
(5)
|
Silver (T)
|
0.43
|
0.43
|
|
(6)
|
Lead (T)
|
3.00
|
1.50
|
|
(7)
|
Mercury (T)
|
Less than 0.0002
|
Less than 0.0002
|
|
(8)
|
Nickel (T)
|
8.00
|
4.00
|
|
(9)
|
Zinc (T)
|
5.40
|
2.70
|
|
(10)
|
Phenols (T)
|
10.00
|
10.00
|
|
(11)
|
Cyanide (T)
|
3.00
|
1.50
|
|
(12)
|
Total toxic organics
|
4.57
|
—
|
|
(13)
|
pH 6.5 su minimum 9.5 su maximum
| ||
|
Mass Local Limits for Conventional Pollutants
| ||
|---|---|---|
|
Parameter
|
Maximum Pounds Per Day
| |
|
(14)
|
Biochemical oxygen demand (BOD)
|
560
|
|
(15)
|
Total suspended solids (TSS)
|
485
|
|
(16)
|
Phosphorus (T)
|
26
|
|
(17)
|
Nitrogen, ammonia (T)
|
13
|
|
(18)
|
Oil and grease (T)
|
100
|
|
Categorical pretreatment standards may be adjusted to reflect
the presence of pollutants in the industrial users intake water in
accordance with 40 CFR 403.15.
| ||
No user shall discharge or cause to be discharged into the sewer
system domestic or nondomestic waste containing any substance or exhibiting
any characteristics above the limitations set forth in this section
without obtaining written permission from the Village allowing such
user to pay a surcharge fee for treatment of extra-strength waste
in addition to regular charges for use of the sewer system. Surcharges
shall be calculated using treatment plant or end-of-pipe flows and
averages of analysis. Surcharge fees are as established by resolution.
The surcharge range may be amended without preapproval of the State
Department of Natural Resources. Setting of restricted limits shall
be governed by the POTW design headworks loadings. Industrial users
shall be allotted a specified amount of conventional pollutants (pounds),
which shall be indicated in their permit. Should POTW loadings indicate
design capacity is being reached, more restrictive limits shall be
instituted. The POTW design headworks loadings are listed in this
section. No user alone or in conjunction with others shall cause the
headworks of the plant to exceed the headworks loadings. No surcharge
agreement can allow the violations of a pretreatment standard or requirement.
|
Design Flow
|
Parameter
|
Headworks Loading
(mg/l)
|
Headworks Loading
(pounds)
|
|---|---|---|---|
|
2.5 MGD
|
Biochemical oxygen demand
|
250
|
5,213
|
|
Chemical oxygen demand
|
500
|
10,425
| |
|
Total suspended solids
|
250
|
5,213
| |
|
Oil and grease
|
100
|
2,085
| |
|
Phosphorus (T)
|
15
|
313
| |
|
Ammonia nitrogen
|
10
|
209
|
|
Notes: Industrial users contributing extra strength wastewater
for the parameters in the table in this section, which causes or has
the ability to cause POTW inhibition or pass through, shall receive
from the control authority a restricted limit for the specific parameter
causing the problem.
|
No statements in this article shall be construed as preventing
any special agreement or arrangement between the Village and any user
of the sewage system whereby sewage of unusual strength or character
is accepted into the system and specially treated subject to any payments
or user charges as may be applicable. Such agreement shall be prepared
by the Superintendent and approved by the Village Council and shall
comply with the provisions of 40 CFR 403.7 (removal credits).
If any industrial user discharges pollutants that do not meet
the requirements set forth in this article or which, in the judgment
of the Superintendent, may have deleterious effects upon the sewage
system receiving water, create a hazard to life and/or property, or
otherwise constitute a public nuisance, the Superintendent shall:
A.
Prohibit the discharge of such pollutants.
B.
Require pretreatment to reduce or eliminate the discharge of such
pollutants.
C.
Require control over the quantities and rates of discharge.
D.
Require the user to make in-plant modifications to reduce or eliminate
the discharge of such pollutants.
E.
Require the user which causes the discharge of such pollutants to
compensate the Village for any additional expenses not covered by
existing sewer charges that are incurred by the Village for special
handling, treatment and/or disposal of wastewaters or residuals emanating
from the Village sewage system.
F.
Take such other remedial action as may be deemed necessary to achieve
the purposes of this article.
A.
Monitoring, including flow measurement, sampling and analysis of
nondomestic discharges for the purpose of determining compliance with
this article, may be required by the Superintendent for any use discharging
pollutants into the sewage system.
B.
Upon the effective date of Federal Categorical Standards, or in the
case of a new source, the industrial user shall provide monitoring
to measure flow and amount of pollutants for each regulated process
in accordance with 40 CFR 403.12, as amended.
C.
The frequency of monitoring shall be prescribed in the applicable
pretreatment standard of 40 CFR 403.12, as amended, or by the Superintendent.
D.
All analyses shall be performed in accordance with procedures established
by the Environmental Protection Agency contained in 40 CFR 136, and
amendments thereto, with the edition of the Standard Methods for the
Examination of Water and Wastewater published by the American Public
Health Association in existence on the adoption date of this Code,
or the edition of the Annual Book of ASTM Standards relating to water
in existence on the adoption date of this Code. Analysis of those
pollutants not covered by these publications shall be performed in
accordance with procedures approved, specified or established by the
Superintendent.
E.
Sampling for the determination of compliance with this article shall
be performed in accordance with methods specified by the Environmental
Protection Agency and/or the Superintendent.
F.
From time to time, the Village may carry out monitoring of users
to determine, independent of information supplied by the industrial
user, compliance or noncompliance with this article. All monitoring,
except when conducted by the Village, shall be the responsibility
of the industrial user at no expense to the Village. Self-monitoring
shall be carried out by the user or by an independent firm under contract
with the user.
G.
To assure the correctness of the monitoring required under this section,
the Superintendent may require that the user's in-house laboratory,
or the independent laboratory contracted by the user, obtain certification
from the Village to perform the required monitoring. Such certification
is to be maintained on an annual basis or as often as deemed necessary
by the Superintendent.
The Superintendent may require any user to install a monitoring
structure (control manhole) and measuring and sampling devices to
facilitate the observation, sampling and measurement of the quantity,
composition and concentration of discharge to the sewage system. Such
structures shall be constructed in accordance with plans approved
by the Superintendent and installed at a location designated by the
Superintendent. Such structures and devices shall be constructed and
installed at the user's expense and shall be maintained by the user
so as to be safe and accessible at all times.
The Superintendent or his authorized representative shall have
the right to enter any premises of any industrial user in which a
discharge source or treatment system is located in, or in which records
are required to be kept in accordance with this article, or 40 CFR
403.12(m) to assure compliance with this article. Such inspections
shall be conducted at frequencies determined by the Superintendent
during normal business hours.
All information and data submitted to the Village by the user,
or obtained by the Village through inspections and monitoring, shall
be held in strict confidence if it relates to trade secrets or is
information which, if disclosed, would tend to injure the competitive
position of the user, except where disclosure is required by law.
Information related to discharges to the sewage system shall not be
treated as confidential, and all information not confidential will
be accessible to the public.
A.
The Superintendent shall require all industrial users to submit a
report on forms provided by the Village, which shall include information
on the concentrations and quantity of pollutants and sewage discharged,
or proposed to be discharged, to the sewage system, together with
a list of all chemicals or substances that are present or likely to
be present in such discharge. The Superintendent may also require
additional information from users as deemed necessary as to materials
or substances which may cause an interference with the sewage system
or pass through the treatment plant. The Village shall have the right
to copy user records.
B.
The following reporting requirements shall be in addition to those required in Subsection A of this section for those industrial users subject to pretreatment standards and requirements:
(1)
Baseline report. New sources, and existing sources that become industrial
users subsequent to promulgation of categorical standards, shall submit
a baseline report as required in 40 CFR 403.12(b).
(2)
Compliance report. Within 90 days following the date for final compliance
with applicable categorical pretreatment standards or, in the case
of a new source, following commencement of the introduction of wastewater
into the sewage system, any industrial user subject to pretreatment
standards and requirements shall submit a report with the information
required by 40 CFR 403.12(d), as amended.
(3)
Periodic compliance report. Any industrial user subject to a categorical
pretreatment standard, after the compliance date of such pretreatment
standard or, in the case of a new source, after commencement of the
discharge into the sewage system, shall submit the reports required
by 40 CFR 403.12(e), as amended.
(4)
Notification of changes and discharges. All industrial users shall
promptly notify the Superintendent in advance of substantial changes
in volume or character of discharges.
C.
Any industrial user subject to the reporting requirements established
in this section shall be required to retain, for a minimum of three
years, any records of monitoring activities and results, whether or
not such monitoring activities are required by this article, and shall
make such records available for inspection and copying by the Superintendent,
or any state or federal agency. This period of retention shall be
extended during the course of any unresolved litigation regarding
the industrial user or Village, or when requested by the Superintendent,
or any state or federal agency.
The Village reserves the right to amend this article to assure
compliance by the Village with applicable city ordinances and state
and federal laws and regulations.
All industrial users shall notify the Superintendent immediately
of any discharge of prohibited pollutants as defined in 40 CFR 403.4(b).
Any user which experiences an upset in operations which places
the user in a temporary state of noncompliance with this article shall
notify the Superintendent immediately upon the first awareness of
the commencement of the upset. No upset shall be discharged and no
bypass shall be allowed unless it complies with the provisions defined
in 40 CFR 403.16(a) and/or 403.17(a). Where such information is given
orally, a written follow-up report on forms supplied by the Village
shall be submitted by the user of the Village within five days.
An industrial user shall notify the Village, the Environmental
Protection Agency regional waste management division director and
the state hazardous waste authorities, in writing, of any discharge
into the system of a substance which, if otherwise disposed of, would
be hazardous waste under 40 CFR 281. The written notification shall
include the Environmental Protection Agency hazardous waste number,
and the type of discharge (continuous, batch or other). Industries
shall also comply with 40 CFR 402.12(p)(1)-(4).
If any wastes are discharged, or are processed to be discharged,
to the public sewers, which wastes are, in the judgment of the Superintendent,
to have a deleterious effect upon the sewage system, processes, equipment,
or otherwise create a hazard to life or constitute a public nuisance,
the Superintendent may, within the parameters of this article:
A.
Reject the waste;
B.
Require pretreatment to an acceptable condition for discharge to
the public sewers;
C.
Require control over the quantities and rates of discharge; and/or
D.
Require payment to cover the added cost of handling and treating
the waste not covered by existing taxes or sewer charges.
[Added 6-8-2020 by Ord.
No. 262]
A.
Any person or entity that discharges to the Village's sewage
system (including, but not limited to, any person or entity who causes
or creates a discharge that violates this article, produces a deposit
or obstruction, or otherwise damages, injures, or impairs the Village's
sewage system, or causes or contributes to a violation of any federal,
state or local law governing the Village's sewage system) shall
be liable to and shall fully reimburse the Village for all expenses,
costs, losses or damages (direct or indirect) payable or incurred
by the Village as a result of or associated with any such discharge,
deposit, obstruction, damage, injury, impairment, violation, exceedance,
noncompliance, or act. The costs that must be reimbursed to the Village
shall include, but shall not be limited to, all of the following:
(1)
All costs incurred by the Village in responding to the violation
or discharge, including, expenses for any cleaning, repair or replacement
work, and the costs of sampling, monitoring, and treatment, as a result
of the discharge, violation, or noncompliance.
(2)
All costs to the Village of monitoring, surveillance, and enforcement
in connection with investigating, verifying, and prosecuting any discharge,
violation, or noncompliance.
(3)
The full amount of any fines, assessments, penalties, and claims,
including natural resource damages, levied against the Village, or
any Village representative, by any governmental agency or third party
as a result of, is caused by, or contributed to by any discharge,
violation, or noncompliance.
(4)
The full value of any Village staff time (including any administrative
and overhead costs and any required overtime), consultant and engineering
fees, and actual attorney fees and defense costs (including the Village's
legal counsel and any special legal counsel) associated with reviewing,
responding to, investigating, verifying, and/or prosecuting any discharge,
violation, or noncompliance, or otherwise incurred by the Village
in administering and enforcing the requirements of this article.
(5)
Further, the Village is authorized to correct any violation
or damage or impairment to the Village's sewage system caused
by a discharge and to bill the person or entity causing the violation
or discharge for the costs to correct the violation, damage, or impairment
in addition to the amounts to be reimbursed as provided above.
B.
In determining the amounts to be reimbursed, the Village may consider
factors such as, but not limited to, the following:
(1)
The volume of the discharge.
(2)
The length of time the discharge occurred.
(3)
The composition of the discharge.
(4)
The nature, extent, and degree of success the Village's
sewage system may achieve in minimizing or mitigating the effect of
the discharge.
(5)
The toxicity, degradability, treatability and dispersal characteristics
of the discharges.
(6)
The direct and indirect costs incurred by the Village, or imposed
upon the Village, to treat the discharges, including sludge handling
and disposal costs.
(7)
Fines, assessments, levies, charges, expenses and penalties
imposed upon and/or incurred by the Village, including the Village's
costs of defense of actions, or suits brought or threatened against
the Village by governmental agencies or third parties.
(8)
Such other factors, including the amount of any attorney's
fees; engineering, consultant, and expert fees; expenses, costs, sampling
and analytical fees; repairs; as the Village determines appropriate
under the circumstances.
C.
Costs required to be reimbursed to the Village as provided by this section shall be billed and collected in the same manner as provided for service charges as provided by §§ 300-57 (Billing) and 300-58 (Enforcement; collection; lien) of Article III (Operation of Water Supply and Sewage Disposal System; Rates) of Chapter 300 (Sewers and Water) of the Village Code.
D.
The failure by any person or entity to pay any amounts required to
be reimbursed to the Village as provided by this section shall constitute
an additional violation of this article.
