Streets and sidewalks — See Ch. 178.
Subdivision of land — See Ch. 182.
Water — See Ch. 210.
Water and sewer — See Ch. 214.
Zoning — See Ch. 220.
ARTICLE ISewer Use (§ 167-1 — § 167-6)
§ 167-3Use of public sewers required.
§ 167-4Permit requirements and building
§ 167-4.1Power and authority of inspectors.
§ 167-5Violations, penalties and other
§ 167-6Additional regulations.
No person shall hereafter make connection of a building sewer to the public sewer system of the City of Grand Ledge without complying with all of the terms of this article.
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
- ADMINISTRATOR (OF USEPA)
- The Administrator of the United States Environmental Protection
Agency.[Added 7-3-1975 by Ord. No. 238]
- AVAILABLE PUBLIC SANITARY SEWER SYSTEM
- A public sanitary sewer system located in a right-of-way,
easement, highway or public way which crosses, adjoins, abuts or is
contiguous to the realty involved and passes not more than 200 feet
at the nearest point from a structure in which sanitary sewage originates
or, in the case of all of the real estate or land which is located
in a street, road, highway, right-of-way, easement or public or private
way crossing, adjoining, abutting or contiguous to any realty within
a special assessment district hereafter created for the purpose of
constructing said sanitary sewer system in which is located a structure
in which sanitary sewage originates, or, in the case of multiple residential
dwellings or mobile parks consisting of 10 units or more, an "available
public sanitary sewer system" shall mean a public sanitary sewer system
which passes not more than 400 feet to the nearest point from the
structure in which sanitary sewage originates.[Added 7-14-2003 by Ord. No. 487]
- BOD (denoting "BIOCHEMICAL OXYGEN DEMAND")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drain pipes inside the walls of the building and conveys it to the building sewer, beginning approximately five feet outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- The Grand Ledge City Council or its duly designated representative.
- COMPATABLE POLLUTANT
- For purposes of establishing federal requirements for pretreatment,
the term "compatible pollutant" means biochemical oxygen demand, suspended
solids pH and fecal coliform bacteria, plus additional pollutants
identified in NPDES permit if the publicly owned treatment works was
designed to treat such pollutants, and in fact does remove such pollutants
to a substantial degree. Examples of such additional pollutants may
include: Chemical oxygen demand; Total organic carbon; Phosphorus
compounds; Nitrogen and nitrogen compounds; Fats, oils, greases of
animal or vegetable origin except those that would interfere with
the operation or performance of the treatment works.[Added 7-3-1975 by Ord. No. 238]
- Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, processing and sale of perishable produce.
- INCOMPATIBLE POLLUTANT
- Any pollutant which is not a compatible pollutant.[Added 7-3-1975 by Ord. No. 238]
- INDUSTRIAL COST RECOVERY
- The recovery by the grantee (City of Grand Ledge) from the
industrial users of a treatment works of the grant amount allocable
to the treatment of wastes from such users pursuant to Section 204(b)
of the Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as amended by the Federal Water Pollution Control Act Amendments
of 1972 (Pub. L. 92-500) and Pub. L. 93-2k3 and the subpart published
in the Federal Register on February 11, 1974.[Added 7-3-1975 by Ord. No. 238]
Any nongovernmental use of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
- INDUSTRIAL WASTES
- The liquid wastes, solids, or semisolid from industrial processes as distinct from domestic sanitary wastewater.
- The cost of keeping the waste treatment works in a state
of good repair for efficient operation.[Added 7-3-1975 by Ord. No. 238]
- MAJOR CONTRIBUTING INDUSTRY
- An industrial user of the publicly owned treatment works
that:[Added 7-3-1975 by Ord. No. 238]
Has a flow of 50,000 gallons or more per average workday;
Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Water Pollution Control Act; or
Is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries on that treatment works or upon the quality of effluent from that treatment works.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of water, either surface water or groundwater.
- NPDES PERMIT
- The federal permit issued by the State of Michigan authorizing
the City of Grand Ledge to discharge treated wastewater to the Grand
River.[Added 7-3-1975 by Ord. No. 238]
- The cost of providing staff, utilities, chemicals, supplies,
etc., for treating wastewater.[Added 7-3-1975 by Ord. No. 238]
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- An element contained in organic matter which is a nutrient
that contributes to the eutrophication process in streams and/or bodies
of water.[Added 7-27-2009 by Ord. No. 524]
- PROPERLY SHREDDED GARBAGE
- The wastes from the cooking, preparation and dispensing of food that has been cut or shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- PUBLIC SEWER
- A sewer which carries wastewater and to which stormwater, surface water and groundwater are not intentionally admitted.
- The expenditures for obtaining and installing equipment,
accessories or appurtenances which are necessary during the service
life of the treatment works to maintain the capacity and performance
for which such works were designed and constructed. The term "operation
and maintenance" includes replacement.[Added 7-3-1975 by Ord. No. 238]
- Any pipe, tile, tubes or conduit for carrying wastewater.
- STORM SEWER or STORM DRAIN
- A sewer which carries stormwater and surface water and drainage but which excludes wastewater and polluted industrial wastes.
- STRUCTURE IN WHICH SANITARY SEWAGE ORIGINATES
- A building in which toilet, kitchen, laundry, bathing or
other facilities which generate water-carried sanitary sewage are
used or available for use for household, commercial, industrial or
other purposes.[Added 7-14-2003 by Ord. No. 487]
- SUSPENDED SOLIDS
- The solids that either float on the surface of, or are suspended in, water, wastewater or other liquids and which are removable by laboratory filtering.
- USER CHARGE
- A charge levied on users of a treatment works for the cost
of operation and maintenance of such works.[Added 7-3-1975 by Ord. No. 238]
- USER CLASS
- A division of users into categories having similar flows
and wastewater characteristics (i.e., residential, commercial, industrial,
institutional and governmental).[Added 7-3-1975 by Ord. No. 238]
- Any combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
- WASTEWATER TREATMENT PLANT
- Any arrangement of devices and structures used for treating wastewater.
- WASTEWATER WORKS
- All facilities for collecting, pumping, treating and disposing of wastewater.
- A channel in which a flow of water occurs, either continuously or intermittently.
"Shall" is mandatory. "May" is permissive.
It shall be unlawful for any person to place or deposit or permit to be deposited in any area under the jurisdiction of the City for discharge into any natural watercourse any substance which is injurious to the public health or detrimental to the public welfare.
Responsibility of owner.
Each and every owner of property on which is located a structure in which sanitary sewage originates shall, at said owner's own expense, install suitable toilet facilities and shall connect said facilities and a structure in which sanitary sewage originates to the available public sanitary sewer system.
Such connection shall be completed promptly, but in no case later than 60 days from the date of the occurrence of the last of the following events:
Publication of a notice by the City Clerk of the availability of the public sanitary sewer system in a newspaper of general circulation within the City and the mailing of a written notice indicating the availability of the public sanitary sewer to the owner, or any one of the owners in case of co-ownership, of the property in question;
Modification of a structure so as to become a structure where sanitary sewage originates.
Adverse weather exception for late connection. In the event the property owner is unable to connect to the system within the time prescribed by this section due to or on account of inclement or adverse weather conditions, said property owner may appeal to the City Council to allow said person additional time in which to connect without penalty and without civil and criminal proceedings being initiated against him. The foregoing notwithstanding, this appeal shall be made, in writing, within 10 days of the notice of sanitary sewer availability as hereinbefore set forth.
No person shall discharge, cause to be discharged or permit the discharge of any stormwater, surface water, groundwater, roof runoff, footing drainage, cooling water or unpolluted industrial process wastewaters into any sanitary sewer. The property owner shall maintain the service lead in good condition to prevent the infiltration of groundwater or stormwater into the sanitary service lead through joints or defects in the lead.
Stormwater and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City into a storm sewer, combined sewer or natural outlet.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer:
Any liquid or vapor having a temperature higher than 150º F., or lower than 30º F.
Any water or waste which may contain more than 50 parts per million, by weight, of fat, oil or grease.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
Any garbage which has not been properly shredded.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, wood pulp, paunch manure, or any solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater works.
Any waters or wastes having a pH lower than 5.5 or higher than 10.5 or having any other corrosive properties capable of causing damage or hazards to the structures, equipment or personnel of the wastewater works.
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, fish or aquatic life or create any hazard in any receiving waters or in the wastewater treatment plant.
Any waters or wastes containing cyanide, hexavalent chromium or copper wastes.
Any waters or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Any waters or wastes which shall exceed any limitations set forth by State or Federal regulations, including the NPDES Permit Requirements and Pretreatment Standards governing discharges into any public sewer.
Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease, excessive amounts of any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be located so as to be readily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times.
Admission into waters; approval by City.
The admission into the public sewers of any waters or wastes having a five-day BOD greater than 200 milligrams per liter; containing more than 250 milligrams per liter of suspended solids; containing more than five milligrams per liter of phosphorus; containing more than 1,000 milligrams per liter of total solids; having a chlorine demand of more than 15 milligrams per liter; containing any quantity or substance having a characteristic description in Subsection E; or having a daily average flow greater than 2% of the average daily wastewater flow of the City shall be subject to the review and approval of the City.
Where necessary, in the opinion of the City, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
Reduce the BOD to 200 milligrams per liter, the suspended solids to 250 milligrams per liter, phosphorus to five milligrams per liter, total solids to 1,000 milligrams per liter and the chlorine demand to 15 milligrams per liter; or
Reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection E; or
Control the quantities and rates of discharge of such waters or wastes.
In the event the effluent shall exceed the limitations specified above, the City shall levy a surcharge for wastes which exceed the levels expressed in Subsection H(1). The surcharge will be based on the additional cost of treatment for extra strength wastes and will be adjusted and adopted annually by the City Council.
The surcharge(s) is/are intended to reimburse the City for all costs incurred by the City in handling or treating a discharge which contains pollutants in excess of specified surcharge concentrations, loadings or other applicable limits. Any user exceeding applicable surcharge limitations or other applicable limits shall be subject to the imposition of one or more surcharges as provided in this section to reimburse the City for any costs or expenses, direct or indirect, the City may incur in handling or treating the discharge, or which may be imposed upon the City by regulatory agencies, where the exceedance of applicable limits causes or contributes to those costs or expenses. All exceedances of applicable discharge prohibitions and limitations and all instances of noncompliance with applicable discharge requirements shall constitute a violation of this article, subject not only to said surcharge but other enforcement actions provided by this article. In no event shall the imposition of a surcharge on a discharge which does not meet applicable prohibitions, limitations or requirements be construed as authorizing the illegal discharge or otherwise excuse a violation of this article.
The amount of the surcharge assessed shall be as specified in the Surcharge Rate Schedule and associated surcharge provisions prepared by the City and as approved from time to time by resolution of the City Council. Payment of a surcharge shall be required in addition to any other applicable sewer rates, fees or charges required under this article.
Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval to the City, and no construction of such facilities shall be commenced until such approvals are obtained in writing. The City shall also have the right to:
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained in satisfactory and effective operation by the owner at his expense.
When required by the City, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observations, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in Subsections E and H of this section shall be determined in accordance with Standard Methods for the Examination of Water and Sewage, and also be in conformance with Guidelines Establishing Test Procedures for Analysis of Pollutants, as published in 40 CFR, Part 136, dated October 16, 1973, and shall be determined at the control manhole provided for in Subsection J of this section or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character, i.e., exceeding specific strengths or concentrations as heretofore provided in this section, may be accepted by the City for treatment, subject to the payment by the industrial concern of the estimated cost of such treatment and such charges for industrial waste cost recovery as are applicable. Any special contract entered into will be subject to all of the provisions and rates set forth in this or other applicable ordinances and resolutions of the City.
All connections with any sewer of the City shall be made only on written authorization (permit) issued by the City and on such forms and on payment of such fees and in accordance with such conditions as shall be established from time to time by the City Council. New sewer connections are mandatory, provided that capacity is available in downstream sewers, left stations, pumping stations, force mains and the sewage treatment plant, including pollutant removal capacity for BOD and suspended solids.
The permit issued by the City on a form to be approved by the City shall be dated and shall expire 30 days from the date of its issuance but shall be renewable at the discretion of the City.
All costs and expenses incident to the installation and connection to the public sewer of the building sewer, and to the repair, replacement and maintenance of such building sewer, shall be borne by the owner. The owner shall indemnify the City from all loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. A separate building sewer shall be provided for each building. Any applicant for a permit for an industrial service shall submit plans of plumbing for the building as the City may require.
The building sewer shall be constructed of material and with joints to meet the City minimum requirements. No unauthorized person shall uncover, make a connection to use, alter or disturb any public sewer or appurtenance.
That portion of the building sewer lying in the area of a public street, alley or right-of-way shall be not less than six inches in diameter. That part of the building sewer between the street boundary and the building shall be not less than four inches in diameter.
The slope of the pipe shall be not less than 1/8 inch per foot.
Building sewer shall be laid at a uniform grade and in a straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.
All excavations required for the installation shall be open trench, unless otherwise approved. The site of the construction shall at all times be barricaded and lighted in such a manner as to protect the owner and the public.
Connection to the public sewer shall be through a Y- or T-fitting in the sewer line. In case the owner wishes to make connection to the public sewer at a point other than the location of a Y or T, the City may install a Y or T at that location, at the expense of the owner.
When the pipe has been installed, but before backfilling, the applicant for the sewer permit shall request and receive an inspection of the work by an authorized representative of the City. Approval of the City Inspector must be obtained in writing before backfilling.
The City and its duly authorized representative shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this section at any time during reasonable or usual business hours.
Duly authorized employees and representatives of the City bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance, and to determine compliance, with the provisions of this article.
Duly authorized employees of the City may enter at all reasonable times in or upon private or public property for the purpose of inspecting and investigating conditions or practices which may be in violation of this article or detrimental to the sanitary sewer system.
Duly authorized employees of the City shall inspect the on-site work occurring by reason of any sanitary sewer system permit. Such persons shall have the right to issue a cease-and-desist order on the site upon finding a violation of such permit or of this article or sanitary sewer construction standards. The cease-and-desist order shall contain a statement of the specific violation the appropriate means of correcting the violation and the time within which such correction shall be made.
While performing the work on private properties referred to in this section, duly authorized employees of the City shall observe all safety rules established by the owner and applicable to the premises, and the owner shall be held harmless for injury or death to such employees, and the City shall indemnify the owner against loss or damage to its property by such employees as against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the activities of City personnel while on the owner's premises, except as such may be caused by the negligence or failure of the owner to maintain safe conditions on his or her premises.
Sanitary sewer users shall allow authorized City employees ready access at all reasonable times without delay to all parts of the user's property where wastewater governed by this article is created, handled, conveyed, treated or discharged, or where any production, manufacturing, fabrication or storage area where pollutants regulated under this article could originate, be stored or be discharged to the sanitary sewer system, or where wastewater records are kept for the purposes of inspection, sampling, record examination or on the performance of any of the City's duties related to the sanitary sewer. Upon arrival at a sanitary sewer user's premises, City representatives shall inform the user or its employee that inspection, sampling and compliance monitoring, metering or other procedures are to be performed and that the user has the right to accompany the City employee/representative during the performance of his or her duties.
If a sanitary sewer user refuses to permit access (or unreasonably delays access) to an authorized City employee or to permit the City's representative to obtain, take and remove samples or make copies of documents, or undertake other authorized inspections, surveillance and monitoring activities as provided by this article, the City's Director of Public Services may order the termination of the discharge of wastewater to the City's sanitary sewer system; order the user/property owner to permit access within a time certain; issue the user/property owner a notice of violation of inspection; or take other appropriate action as provided by this article and other applicable laws and regulations, including, but not limited to, obtaining a court order authorizing the activities described in this section.
Any person found to be violating any provision of this article shall be served by the City 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.
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and shall be punished as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-17B. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
Should the owner of any property, after receipt of proper notice as specified herein, fail to comply with the provisions of this article, then the City Council may proceed to enforce the provisions of this article against the agent or tenant of the owner or any other person occupying or having charge of said property, giving the proper notice as specified herein, and said agent, tenant or other person occupying or having charge of said property shall be jointly and severally responsible with said owner for any failure to comply with the provisions of this article.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal wastewater system or treatment plant. Any person violating this section shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-17B.
Civil penalties to compel connection. Notwithstanding Subsection A of this section, where any structure wherein sanitary sewage originates is not connected to the available public sanitary sewer system 60 days after the date of mailing or otherwise serving notice to connect, the City may bring an action for mandatory injunction or injunctive order in any court of competent jurisdiction to compel the owner of the property on which said structure is located to connect to said system. The City may charge in such action or actions any number of owners of such properties to compel said person or persons to connect to the system.
No provision contained in this article shall be construed to interfere with any additional regulations or requirements that may be imposed by the City Council, County of Eaton, the State Health Department or any other lawfully constituted authority with respect to public or private wastewater disposal.