[HISTORY: Adopted by the City Commission
of the City of Royal Oak as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-19-2003 by Ord. No. 2003-06; amended in its entirety 11-10-2008 by Ord. No. 2008-17]
The City of Detroit, through the Detroit Water
and Sewerage Department, as the state-approved control authority,
is authorized to administer and enforce the provisions of this article
on behalf of the City of Royal Oak. The City of Royal Oak has executed
and hereby ratifies its delegation agreement with the City of Detroit
through the Detroit Water and Sewerage Department, which sets forth
the terms and conditions of such delegated authority, consistent with
this article, and shall allow the Detroit Water and Sewerage Department
to perform the specific responsibilities of control authority pursuant
to state and federal law.
A.
The purpose of this article is the protection of the
environment and of public health and safety by abating and preventing
pollution through the regulation and control of the quantity and quality
of wastes admitted to or discharged into the wastewater collection
and treatment system under the jurisdiction of the City of Royal Oak
and enabling the City of Royal Oak to comply with all applicable state
and federal laws required by the Federal Water Pollution Control Act,
being 33 U.S.C. § 1251, et seq.), and the General Pretreatment
Regulations, being 40 CFR Part 403.
B.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the
wastewater system which will interfere with the operation of the system
or contaminate the resulting sludge, or will pose a hazard to the
health or welfare of the people or of employees of the City of Detroit
Water and Sewerage Department;
(2)
To prevent the introduction of pollutants into the
wastewater system which will pass inadequately treated through the
system into receiving waters, the atmosphere or the environment, or
otherwise be incompatible with the system;
(3)
To improve the opportunity to recycle or reclaim wastewater
or sludge from the system in an economical and advantageous manner;
and
(4)
To provide for the recovery of the costs from users
of the wastewater collection and treatment system sufficient to administer
regulatory activities and meet the costs of the operation, maintenance,
improvement or replacement of the system.
C.
This article provides for the regulation of contributors
to the Detroit and City of Royal Oak wastewater collection and treatment
system through the issuance of wastewater discharge permits to certain
users and through the enforcement of general requirements for all
users, authorizes monitoring and enforcement, and authorizes fees
and penalties.
By virtue of the obligations and authority placed
upon the City of Royal Oak by the Federal Water Pollution Control
Act, also known as the "Clean Water Act," as amended, being 33 U.S.C.
§ 1251 et seq; the 1963 Constitution of the State of Michigan;
Public Act 245 of 1929, as amended, being MCLA § 323.1[1] et seq; M.S.A. 3.521 et seq; the 1997 City of Detroit
Charter; the National Pollutant Discharge Elimination System (NPDES)
permit for the City of Detroit Publicly Owned Treatment Works (POTW);
the Consent Judgment in U.S. EPA v. City of Detroit et al, Federal
District Court for the Eastern District of Michigan Case No.77-1100,
as amended; and existing or future contracts between the Board of
Water Commissioners and suburban communities or other governmental
or private entities; or by virtue of common law usage of the system,
this article shall apply to every user contributing or causing to
be contributed, or discharging, pollutants or wastewater into the
wastewater collection and treatment system of the City of Detroit
POTW.
[1]
Editor's Note: MCLA § 323.1 et seq.
was repealed by PA 1994, Act No. 451. See now MCLA § 324.3101
et seq.
A.
ACT or THE ACT
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
AVAILABLE CYANIDE
BEST MANAGEMENT PRACTICES (BMP)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOARD
BYPASS
CENTRALIZED WASTE TREATMENT (CWT) FACILITY
CITY
COMPATIBLE INDUSTRIAL WASTEWATER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONFIDENTIAL INFORMATION
CONTROL AUTHORITY
COOLING WATER
DAYS
DEPARTMENT
DIRECT DISCHARGE
DIRECTOR
DISCHARGER
DOMESTIC SEWAGE
ENVIRONMENTAL PROTECTION AGENCY or ADMINISTRATOR OR EPA ADMINISTRATOR
FACILITY
FATS, OILS OR GREASE (FOG)
FLOW PROPORTIONAL SAMPLE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTE
INTERFERENCE
(1)
(2)
MAY
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS
PUBLIC SEWER
PUBLICALY OWNED TREATMENT WORKS (POTW)
(1)
(2)
(3)
QUANITIFICATION LEVEL
REPRESENTATIVE SAMPLE
SANITARY WASTEWATER
SHALL
SIGNIFICANT INDUSTRIAL USERS
(1)
(2)
(3)
(4)
(5)
(6)
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STORMWATER
SUSPENDED SOLIDS (TOTAL)
TOTAL PCB
TOTAL PHENOLIC COMPOUNDS
TOXIC POLLUTANT
TRADE SECRET
UPSET
USER
WASTEWATER DISCHARGE PERMITS
WASTEWATER or WASTE STREAM
WATERS OF THE STATE
For purposes of this article and unless the context
specifically indicates otherwise, the following terms and phrases,
shall have the meanings ascribed to them by this section:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, being 33 U.S.C. § 1251 et
seq.
Responsible corporate officer, where the industrial
user submitting the reports required by this article is a corporation,
who is either a) the president, vice president, secretary, or treasurer
of a corporation in charge of a principal business function, or any
other person who performs similar policy or decisionmaking functions
for the corporation; or b) the manager of one or more manufacturing,
production, or operation facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25,000,000
in second-quarter 1980 dollars, when authority to execute documents
has been assigned or delegated to said manager in accordance with
corporate procedures; or
A general partner or proprietor where the industrial
user submitting the reports required by this article is a partnership
or sole proprietorship respectively.
The quantity of cyanide that consists of cyanide ion (CN)
hydrogen cyanide in water (HCNaq), and the cyano-complexes of zinc,
copper, cadmium, mercury, nickel and silver, determined by EPA method
OIA-1677, or other method designated as a standard method or approved
under 40 CFR 136.
Programs, practices, procedures or other directed efforts
initiated and implemented by the user which can or do lead to the
reduction, conservation or minimization of pollutants being introduced
into the ecosystem, including, but not limited to, the Detroit sewer
system. BMPs include, but are not limited to, equipment or technology
modifications, process or procedure modifications, reformulation or
redesign of products, substitution of raw materials, and improvements
in housekeeping, maintenance, training, or inventory control and may
include technical and economic considerations.
The quality of dissolved oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure five
days at 20° C., expressed in terms of mass and concentration [milligrams
per liter (mg/l)] as measured by standard methods.
The Board of Water Commissioners of the City of Detroit.
The intentional diversion of a waste stream from any portion
of an industrial user's treatment facility. (See 40 C.F.R. § 403.17.)
Any facility that treats any hazardous or nonhazardous industrial
waste received from off site by tanker truck, trailer roll-off bins,
drums, barges, or any other forms of shipment including:
The City of Royal Oak, Michigan.
Wastewater that is produced by an industrial user which has
a pollutant strength or characteristics similar to those found in
domestic wastewater, and which can be efficiently and effectively
transported and treated with domestic wastewater.
Pollutants which can be effectively removed by the POTW treatment
system to within the acceptable levels for the POTW residuals and
the receiving stream.
A collection of individual samples which are obtained at
regular intervals and collected on a time-proportional or flow-proportional
basis over a specified period and which provides a representative
sample of the average stream during the sampling period. A minimum
of four aliquot per 24 hours shall be used where the sample is manually
collected. (See 40 CFR 403, Appendix E.)
The information which would divulge information, processes
or methods of production entitled to protection as trade secrets of
the industrial user.
The Detroit Water and Sewerage Department which has been
officially designated as such by the State of Michigan under the provisions
of 40 CFR 403.12. [See 40 CFR 403.12(a).]
The noncontact water discharged from any use such as air
conditioning, cooling or refrigeration, and whose only function is
the exchange of heat.
Consecutive calendar days for the purpose of computing a
period of time prescribed or allowed by this article.
The City of Detroit Water and Sewerage Department, and authorized
employees of the Department.
The discharge of treated or untreated wastewater directly
to the waters of the State of Michigan.
The Director of the Detroit Water and Sewerage Department,
or the Director's designee.
A person who, directly or indirectly, contributes, causes,
or permits wastewater to be discharged into the POTW.
Waste and wastewater from humans or household operations
which is discharged to, or otherwise enters, a treatment works.
The United States Environmental Protection Agency or, where
appropriate, the authorized representatives or employees of the EPA.
A location which contributes, causes or permits wastewater
to be discharged into the POTW, including, but not limited to, a place
of business, endeavor, arts, trade or commerce, whether public or
private, commercial or charitable.
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils,
and any other nonvolatile material of animal, vegetable or mineral
origin that is extractable by solvent in accordance with standard
methods.
A composite sample taken with regard to the flow rate of
the waste stream.
An individual sample collected over a period of time not
exceeding 15 minutes which reasonably reflects the characteristics
of the stream at the time of sampling.
The discharge or the introduction of pollutants into the
POTW from any nondomestic source regulated under 33 U.S.C. § 1317(b),
(c) or (d).
A person who contributes, causes or permits wastewater to
be discharged into the POTW, including, but not limited to, a place
of business, endeavor, arts, trade or commerce, whether public or
private, commercial or charitable, but excludes single-family and
multifamily residential dwellings with discharges consistent with
domestic waste characteristics.
Any liquid, solid or gaseous waste or form of energy, or
combination thereof, resulting from any processes of industry, manufacturing,
business, trade or research, including the development, recovery or
processing of natural resources.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal;
and
Therefore is a cause of a violation of any requirement
of the POTW's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent State
or local regulations): Section 405 of the Clean Water Act, as amended,
being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA),
as amended, (including the Resource Conservation and Recovery Act
(RCRA), and State regulations contained in any State sludge management
plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act,
the Toxic Substances Control Act, and the Marine Protection, Research
and Sanctuaries Act.
Permissive.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with 33 U.S.C. § 1317(b) and (c)
which applies to a specific class or category of industrial users.
A permit issued pursuant to 33 U.S.C. § 1342.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under 33 U.S.C. § 1317(c) which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided, that:
The building, structure, facility or installation
is constructed at a site where no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater-generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant, and
the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered; or
Construction on a site where an existing source is located resulting in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or
Construction of a new source has commenced where
the owner or operator has:
Begun, or caused to begin as part of a continuous
on-site construction program:
Any placement, assembly, or installation of
facilities or equipment; or
Significant site preparation work including
clearing, excavation, or removal of existing buildings, structures,
or facilities that are necessary for the placement, assembly, or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this section.
Discharge which exits the POTW into waters of the United
States in quantities or concentrations, which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit including
an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, unit
of government, school district, or any other legal entity, or their
legal representative, agent or assigns.
The intensity of the acid or base condition of a solution,
calculated by taking the negative Base ten logarithm of the hydrogen
ion activity. Activity is deemed to be equal to concentration in moles
per liter.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, or industrial, municipal and agricultural waste
which is discharged into water.
The introduction of any pollutant that, alone or in combination
with any other substance, can or does result in the degradation or
impairment of the chemical, physical, biological or radiological integrity
of water.
That portion of the POTW designed to provide treatment to
wastewater, including recycling and reclamation of wastewater.
The reduction of the amount of pollutants, the removal of
pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the POTW. The reduction,
removal or alteration may be attained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by federal, state or local law, rules and regulations.
Any substantive or procedural requirements related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user. [See 40 CFR 403.3(r).]
All National Categorical Pretreatment Standards, the general
prohibitions specified in 40 CFR 403.5(a), the specific prohibitions
delineated in 40 CFR 403.5(b), and the local or specific limits developed
pursuant to 40 CFR 403.5(c), including the specified discharge prohibitions.
A sewer of any type controlled by a governmental entity.
A treatment works as defined by 33 U.S.C. § 1292(2)(A)
which is owned by a state or municipality, as defined in 33 U.S.C.
§ 1362, including:
Any devices and systems used in the storage,
treatment, recycling, or reclamation of municipal sewage or industrial
waste of a liquid nature;
Sewers, pipes and other conveyances only if
they convey wastewater to a POTW treatment plant; or
The municipality, as defined in 33 U.S.C. § 1362,
which has jurisdiction over the indirect discharges to and the discharges
from such a treatment works.
The measurement of the concentration of a contaminant obtained
by using a specified laboratory procedure calculated at a specified
concentration above the detection level. It is considered the lowest
concentration at which a particular contaminant can be quantitatively
measured using a specified laboratory procedure for monitoring of
the contaminant.
Any sample of wastewater, which accurately and precisely
represents the actual quality, character, and condition of one or
more pollutants in the waste stream being sampled. Representative
samples shall be collected and analyzed in accordance with 40 CFR
Part 136.
The portion of wastewater that is not attributable to industrial
activities and is similar to discharges from domestic sources, including,
but not limited to, discharges from sanitary facilities and discharges
incident to the preparation of food for on-site noncommercial consumption.
Mandatory.
Any user of the POTW who:
Has an average discharge flow of 25,000 gallons
per day or more of process wastewater, excluding sanitary, boiler
blowdown, and noncontact cooling water; or
Has discharges subject to the National Categorical
Pretreatment Standards; or
Requires pretreatment to comply with the specific
pollutant limitations of this article; or
Has in its discharge toxic pollutants as defined
pursuant to 33 U.S.C. § 1317, or other applicable federal
and state laws or regulations, that are in concentrations and volumes
which are subject to regulation under this article as determined by
the Department; or
Is required to obtain a permit for the treatment,
storage or disposal of hazardous waste pursuant to regulations adopted
by this state or adopted under the Federal Solid Waste Disposal Act,
as amended by the Federal Resource Conservation and Recovery Act,
as amended, and may or does contribute or allow waste or wastewater
into the POTW, including, but not limited to, leachate or runoff;
or
Is found by the City of Detroit or City of Royal
Oak to have a reasonable potential for adverse effect, either singly
or in combination with other contributing industries, on the POTW
operation, the quality of sludge, the POTW's effluent quality, or
air emissions generated by the POTW.
Any violation which meets one or more of the following criteria:
Chronic violations of wastewater discharge limits,
defined as those in which 66% or more of all of the measurements taken
during a six-month period exceed by any magnitude the daily maximum
limit or the average limit for the same parameter;
Technical review criteria (TRC) violations,
defined as those in which 33% or more of all of the measurements for
each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil
and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent
limit (daily maximum or longer term average) that the Department determines
has caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of POTW personnel
or the general public;
Any discharge of a pollutant that has caused
imminent endangerment to human health or welfare, or to the environment,
or has resulted in the POTW's exercise of its emergency authority;
Failure to meet a compliance schedule milestone
contained in a local control mechanism, or enforcement order for starting
construction, completing construction, or attaining final compliance
within 90 days after the scheduled date;
Failure to provide required reports such as
baseline monitoring reports, ninety-day compliance reports, periodic
self-monitoring reports, and reports on compliance with compliance
schedules within 30 days after the due date;
Failure to accurately report noncompliance;
or
Any other violation or group of violations which
the Department determines will adversely affect the operation or implementation
of the local pretreatment program.
Any discharge of a nonroutine episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987, as amended.
Methods set forth in 40 CFR Part 136, Guidelines for Establishing
Test Procedures for Analysis of Pollutants or the laboratory procedures
set forth in the latest edition, at the time of analysis, of Standard
Methods for the Examination of Water and Wastewater prepared and published
jointly by the American Public Health Association, the American Water
Works Association, and the Water Pollution Control Federation, or
methods set forth in 40 CFR 136, Guidelines for Establishing Test
Procedures for Analysis of Pollutants. Where these two references
are in disagreement regarding procedures for the analysis of a specific
pollutant, the methods given in 40 CFR Part 136 shall be followed.
The State of Michigan.
Any flow occurring during or following any form of natural
precipitation and resulting there from.
The total suspended matter which floats on the surface of,
or is suspended in, water, wastewater or other liquids, and is removable
by laboratory filtration or as measured by standard methods.
The sum of the individual analytical results for each of
the PCB aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during
any single sampling event with any aroclor result less than the quantification
level being treated as zero.
The sum of the individual analytical results for each of
the phenolic compounds of 2-chlorophenol, 4-chlorophenol, 4-chloro-3-methylphenol,
2,4-dichlorophenol, 2,4-dinitrophenol, 4-methylphenol, 4-nitrophenol,
and phenol during any single sampling event expressed in mg/1.
Any pollutant or combination of pollutants designated as
toxic in regulations promulgated by the Administrator of the U.S.
Environmental Protection Agency under the provisions of the Clean
Water Act, being 33 U.S.C. § 1317, or included in the Critical
Materials Register promulgated by the Michigan Department of Environmental
Quality, or by other federal or state laws, rules or regulations.
The whole, or any portion or phase, of any proprietary manufacturing
process or method, not patented, which is secret, is useful in compounding
an article of trade having a commercial value, and whose secrecy the
owner has taken reasonable measures to prevent from becoming available
to persons other than those selected by the owner to have access for
limited purposes but excludes any information regarding the quantum
or character of waste products or their constituents discharged or
sought to be discharged into the Detroit wastewater treatment plant,
or into the wastewater system tributary thereto.
An exceptional incident in which there is unintentional and
temporary noncompliance with limits imposed under this article or
with National Categorical Pretreatment Standards due to factors beyond
the reasonable control of the industrial user, but excludes noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventative
maintenance, or careless or improper operation.
Any person who, directly or indirectly, contributes, causes
or permits the discharge of wastewater into the POTW as defined herein.
Permits issued by the Department in accordance with this
Code.
The liquid and water-carried industrial or domestic wastes
of dwellings, commercial buildings, industrial facilities, and institutions,
whether treated or untreated, which are contributed to or permitted
to enter the POTW, including infiltration and inflow waters, stormwater,
and cooling water.
Groundwater, lakes, rivers, streams, all other watercourses
and waters within the confines of this state as well as bordering
this state in the form of the Great Lakes.
B.
BMR
BOD
CFR
EPA
FOG
L
MDEQ
MG
MG/L
NPDES
POTW
RCRA
SIC
SWDA
TSS
U.S.C.
For purposes of this article, the following acronyms
shall have the meanings designated by this section:
Baseline monitoring report.
Biochemical oxygen demand.
Code of Federal Regulations.
Environmental Protection Agency.
Fats, oil or grease.
Liter.
Michigan Department of Environment Quality.
Milligrams.
Milligrams per liter.
National Pollutant Discharge Elimination System.
Publicly owned treatment works.
Resource Conservation and Recovery Act, being 42 U.S.C. § 6901
et seq.
Standard industrial classification.
Solid Waste Disposal Act, being 42 U.S.C. § 6901
et seq.
Total suspended solids.
United States Code.
A.
General pollutant prohibitions. No user shall discharge
or cause to be discharged into the POTW, directly or indirectly, any
pollutant or wastewater which will cause interference or pass-through.
These general discharge prohibitions shall apply to all users of the
POTW whether or not the user is subject to National Categorical Pretreatment
Standards or to any other federal, state, or local pretreatment standards
or requirements. In addition, it shall be unlawful for a user to discharge
into the POTW:
(1)
Any liquid, solid or gas, which by reason of its nature
or quantity, is sufficient, either alone or by interaction with other
substances, to create a fire or explosion hazard or to be injurious
in any other way to persons, to the POTW, or to the operations of
the POTW. Pollutants which create a fire or explosion hazard in a
POTW include, but are not limited to, waste streams with a closed
cup flash point of less than 140° F or 60° C using the test
methods specified in 40 CFR 261.21; or
(2)
Any solid or viscous substance in concentrations or
quantities which are sufficient to cause obstruction to the flow in
a sewer or other encumbrances to the operation of the POTW, including,
but not limited to, grease, animal guts or tissues, bones, hair, hides
or fleshing, entrails, whole blood, feathers, ashes, cinders, sand,
cement, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, strings, fibers, spent grains, spent hops,
wastepaper, wood, plastic, tar, asphalt residues, residues from refining
or processing of fuel or lubrication oil, mud or glass grinding or
polishing wastes, or tumbling and deburring stones; or
(3)
Any wastewater having a pH of less than 5.0 units
or greater than 11.5 units; or
(4)
Any wastewater containing petroleum oil, nonbiodegradable
cutting oil, products of mineral oil origin, or toxic pollutants in
sufficient concentration or quantity, either singly or by interaction
with other pollutants, to cause interference, or pass-through, or
constitute a hazard to humans or animals; or
(5)
Any liquid, gas, solid or form of energy which, either
singly or by interaction with other waste, is sufficient to create
toxic gas, vapor, or fume within the POTW in quantities that may cause
acute worker health and safety problems, or may cause a public nuisance
or hazard to life, or are sufficient to prevent entry into the sewers
for their maintenance and repair; or
(6)
Any substance which is sufficient to cause the POTW's
effluent or any other product of the POTW, such as residue, sludge,
or scum, to be unsuitable for reclamation processing where the POTW
is pursuing a reuse and reclamation program. In no case shall a substance
discharged to the POTW cause the POTW to be in noncompliance with
sludge use or disposal criteria guidelines or regulations developed
under 33 U.S.C. § 1345, with any criteria, guidelines, or
developed and promulgated regulations affecting sludge use or disposal
developed pursuant to the Solid Waste Disposal Act, the Federal Clean
Air Act, the Federal Toxic Substances Control Act, or with state criteria
applicable to the sludge management method being used; or
(7)
Any substance which will cause the POTW to violate
either the Consent Judgment in U.S. EPA v. City of Detroit et al.,
Federal District Court for the Eastern District of Michigan Case No.
77-1100, or the City of Detroit's National Pollutant Discharge Elimination
System permit; or
(8)
Any discharge having a color uncharacteristic of the
wastewater being discharged; or
(9)
Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting in interference,
but in no case wastewater with a temperature at the introduction into
a public sewer which exceeds 150° F or which will cause the influent
at the wastewater treatment plant to rise above 104° F (40°
C); or
(10)
Any pollutant discharge which constitutes a slug;
or
(11)
Any wastewater containing any radioactive wastes or
isotopes of such half-life or concentration as may exceed limits established
in compliance with applicable federal or state regulations; or
(12)
Any floating fats, oil or grease which are sufficient
to cause interference with or pass-through the POTW; or
(13)
Any solid materials having a specific gravity greater
than 1.2 or a cross-section dimension of 1/2 inch or greater which
are sufficient to cause interference with the POTW.
B.
Specific pollutant prohibitions. No user shall discharge
wastewater containing in excess of the following limitations:
(1)
Compatible pollutants: See Appendix C.[1]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
(2)
Noncompatible pollutants.
(a)
No user shall discharge wastewater containing
in excess of:
Pollutant
|
mg/1
| |
---|---|---|
Arsenic (As)
|
1.0
| |
Cadmium (Cd)
|
See Appendix C.[2]
| |
Chromium (Cr)
|
25.0
| |
Copper (Cu)
|
2.5
| |
Cyanide (CN) (available)
|
1.0
| |
Iron (Fe)
|
1000.0
| |
Lead (Pb)
|
1.0
| |
Nickel (Ni)
|
5.0
| |
Silver (Ag)
|
1.0
| |
Zinc (Zn)
|
7.3
| |
Total phenolic compounds
|
1.0 or see Appendix B.[3]
|
[2]
Editor's Note: Appendix C is included at the end of this chapter.
[3]
Editor's Note: Appendix B is included at the end of this chapter.
(b)
All limitations are based on samples collected
over an operating period representative of an industrial user's discharge,
and in accordance with 40 CFR Part 136.
(c)
Nondetectable level requirements.
[1]
The limitation for total PCB is nondetect. Total
PCB shall not be discharged at detectable levels, based upon U.S.
EPA Method 608, and the quantification level shall not exceed 0.2
ugm/l, unless a higher level is appropriate because of demonstrated
sample matrix interference. Where one or more samples indicate detectable
levels of Total PCB, the user shall be required to demonstrate compliance.
For purposes of this section, this demonstration may be made using
analytical data showing that the Total PCB concentration is below
the detection level, or submission of a BMP in accordance with this
Code.
[2]
The limitation of mercury (Hg) is nondetect.
Mercury (Hg) shall not be discharged at detectable levels, based upon
U.S. EPA Method 245.1, and the quantification level shall not exceed
0.2 ugm/1, unless a higher level is appropriate because of demonstrated
sample matrix interference. Where one or more samples indicate detectable
levels of mercury, the user shall be required to demonstrate compliance.
For the purposes of this section, this demonstration may be made using
analytical data showing that the mercury concentration is below the
detection level, or submission of a BMP in accordance with this Code.
[3]
All limitations are based on samples collected
over an operating period representative of an industrial user's discharge,
and in accordance 40 CFR Part 136.
(3)
Compliance period. Within 30 days of the effective
date of this article, the Department shall notify all industrial users
operating under an effective wastewater discharge permit of the requirement
to submit a compliance report within 180 days after the effective
date of this article. The compliance report shall demonstrate the
user's compliance or noncompliance with these limitations, and, in
the event of noncompliance, include the submission of a plan and schedule
for achieving compliance with the stated limitation. In no event shall
a compliance schedule exceed 18 months from the effective date of
this chapter. An industrial user who does not demonstrate compliance
may petition the Department for a second extension as part of an administrative
consent order. The Department shall include appropriate monitoring,
reporting, and penalties into an administrative consent order that
relates to a second extension, and shall enter into such an agreement
only upon a good-faith showing by the industrial user of the actions
taken to achieve compliance with this provision.
C.
National Categorical Pretreatment Standards. All users shall comply with the applicable National Categorical Pretreatment Standards and requirements promulgated pursuant to the act as set forth in 40 CFR Subchapter N, Effluent Guidelines and Standards, which are hereby incorporated by reference and with all other applicable standards and requirements, provided that where a more stringent standard or requirement is applicable pursuant to state law or regulation, or to this article, then the more stringent standard or requirement shall be controlling. Affected dischargers shall comply with applicable reporting requirements under 40 CFR Part 403 and as established by the Department. The National Categorical Pretreatment Standards which have been promulgated as of the effective date of this section are delineated in Appendix A.[4]
(1)
Intake water adjustment. Industrial users seeking
adjustment of National Categorical Pretreatment Standards to reflect
the presence of pollutants in their intake water must comply with
the requirements of 40 CFR 403.15. Upon notification of approval by
the Department, the adjustment shall be applied by modifying the permit
accordingly. Intake water adjustments are not effective until incorporated
into an industrial user's permit.
(2)
Modification of National Categorical Pretreatment
Standards. The Department may apply to the U.S. Environmental Protection
Agency, or to the Michigan Department of Environmental Quality, whichever
is appropriate, for authorization to grant removal credits in accordance
with the requirements and procedures in 40 CFR 403.7. Such authorization
may be granted only when the POTW treatment plant can achieve consistent
removal for each pollutant for which a removal credit is being sought,
provided that any limitation of such pollutant(s) in the NPDES permit
neither is being exceeded nor poses the prospect of being exceeded
as a result of the removal credit being granted. Where such authorization
is given to the Department, any industrial user desiring to obtain
such credit shall make an application to the Department, consistent
with the provisions of 40 CFR 403.7 and of this article. Any credits
which may be granted under this section may be subject to modification
or revocation as specified in 40 CFR 403.7, or as determined by the
Department. A requisite to the granting of any removal credit may
be that the industrial user pay a surcharge based upon the amounts
of such pollutants removed by the POTW, such surcharge being based
upon fees or rates which the Board may establish and, when appropriate,
revise from time to time. Permits shall reflect, or be modified to
reflect, any credit granted pursuant to this section.
(3)
New sources. Industrial users who meet the new sources
criteria shall install, maintain in operating condition, and start-up
all pollution control equipment required to meet applicable pretreatment
standards before beginning to discharge. Within the shortest feasible
time and not to exceed 90 days, new sources must meet all applicable
pretreatment standards.
(4)
Concentration and mass limits. When limits in a categorical
pretreatment standard are expressed only in terms of mass of pollutant
per unit of production, the Department may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day
or effluent concentration for purposes of calculating effluent limitations
applicable to individual industrial users. Equivalent limitations
shall be calculated in accordance with 40 CFR 403.6(c)(3) and/or 403.6(c)(4)
and shall be deemed pretreatment standards for the purposes of 33
U.S.C. § 1317(d) and of this article. Industrial users will
be required to comply with the equivalent limitations in lieu of the
promulgated categorical standards from which the equivalent limitations
were derived.
(5)
Reporting requirements for industrial users upon effective
date of categorical pretreatment standards-baseline report. Within
180 days after the effective date of a categorical pretreatment standard,
or 180 days after the final administrative decision made upon a category
determination submission under 40 CFR 403.6(a)(4), whichever is later,
existing industrial users subject to such categorical pretreatment
standards and currently discharging into or scheduled to discharge
into the Detroit POTW shall submit to the Department a report containing
the information listed in 40 CFR 403.12(b)(1) through (7). Where reports
containing this information have already been submitted to the Director
or regional administrator in compliance with the requirement of 40
CFR 128.140(b), the industrial user will not be required to resubmit
this information. At least 90 days before commencement of any discharge,
each new source and any existing sources that become industrial users
after the promulgation of an applicable categorical pretreatment standard
shall submit to the Department a report which contains the information
listed in 40 CFR 403.12(b)(1) through (5). In such report, new sources
shall include information concerning the method of pretreatment the
source intends to use to meet applicable pretreatment standards. New
sources shall provide estimates of the information requested in 40
CFR 403.12(b)(4) and (5).
[4]
Editor's Note: Appendix A is included at the end of this chapter.
D.
Dilution prohibited. Except where expressly authorized
to do so by an applicable pretreatment standard or requirement, no
user shall increase the use of process water, or in any way dilute
or attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the National Categorical Pretreatment Standards, or in
any other pollutant specific limitation or requirement imposed by
the City of Royal Oak, the City of Detroit or by the State of Michigan.
E.
Hauled-in wastewater. Any waste material or wastewater
which is hauled into or within the service region for discharge to
the POTW is subject to the requirements of this article, including,
but not limited to, permits, inspection, monitoring and enforcement.
Unloading liquid or solid waste from hauling vehicles, directly or
indirectly, into the POTW, with or without the benefit of pretreatment,
is prohibited unless the person proposing to unload such waste has
applied for and received a permit from the department for unloading
such waste in accordance with the Board's rules pertaining thereto.
The discharger shall be subject to applicable terms and conditions,
surcharges, fees or rates as established by the Board. Hauled-in wastewater
shall only be discharged at points designated by the POTW after authorization
or approval issued pursuant to the general permit requirements specified
in this Code. The Department may establish specific limitations for
sludge from municipally owned or operated POTW treatment plants which
are different than the specific limitations in this article.
F.
Centralized waste treatment.
(1)
It is unlawful for a centralized waste treatment (CWT)
facility to discharge any industrial waste or wastewater into the
POTW without a wastewater discharge permit from the Department. Any
authorization granted or permit issued by the Department to a centralized
waste treatment (CWT) facility shall specify the type of wastewater
for which treatment is provided, and discharge approval is sought,
from the POTW. Unless such industrial waste or wastewater is determined
by the Department to require further authorization, a centralized
waste treatment (CWT) facility that has submitted an application to,
and received previous approval from, the Department to discharge wastewater
is not required to obtain further authorization from the Department
before discharging such wastewater. An industrial user that provides
centralized waste treatment services and files an application for
the treatment and discharge of such types of wastewater to the POTW
shall provide the following minimum information in support thereof:
(a)
The general nature, source and process(es) generating the type of wastewater. Any wastewater which is generated from those processes and is subject to National Categorical Pretreatment Standards as delineated in Appendix A,[5] shall be so designated;
[5]
Editor's Note: Appendix A is included at the end of this chapter.
(b)
The identity of the toxic pollutants known or
suspected to be present in the wastewater;
(c)
At least one sample report showing the results of an analysis for the EPA priority pollutants for each type of wastewater for which application is made in Subsection F(1) of this section;
(d)
A statement that is certified by a professional
engineer which addresses the treatability and compatibility of the
wastewater received or collected by the facility's treatment process(es);
(e)
The identity of the materials and/or pollutants
whose transport or treatment are regulated by the EPA, by the state,
or by any other governmental agency. Upon request, the centralized
waste treatment (CWT) facility shall provide a copy of its permit
and/or license to the Department; and
(f)
Other information requested by the Department,
including, but not limited to, information required by this Code,
or by rules adopted by the Board.
(2)
The discharge from a centralized waste treatment (CWT) facility will be deemed approved for those specific types of wastewater delineated in a permit and, upon issuance of such permit in accordance with the procedures contained in this Code, will be deemed approved for discharge into the POTW. The centralized waste treatment (CWT) facility shall comply with all applicable provisions contained in this Code regarding permits. In furtherance of its obligations as control authority, the Department may include in the permit a requirement to report at selected intervals the information mandated in Subsection F(1)(a) through (f) of this section.
(3)
All users granted a permit under this section shall
maintain records which, at a minimum, identify the source, volume,
character, and constituents of the wastewater accepted for treatment
and disposal. These records may be reviewed at any time by the Department.
G.
Groundwater discharges. Unless authorization has been
granted by the Department, the discharge of any groundwater into the
POTW is prohibited. The Department may authorize the discharge of
groundwater resulting from maintenance and related activities of gas,
steam, or electrical utilities through the use of general permits.
Subject to appropriate reporting requirements, the general permit
shall authorize discharge in accordance with the terms of the permit.
Utilities shall comply with this provision within 180 days after its
enactment. If a person, who proposes to discharge groundwater resulting
from purge, response activity or UST projects has applied for and
received a permit from the Department, the Department may authorize
the discharge of such wastewater. Permits shall be issued in accordance
with the procedures contained in this Code, or in accordance with
any rules adopted by the Board.
H.
City of Royal Oak right of revision. The City of Detroit
and the City of Royal Oak reserve the right to establish rules or
regulations adopted by the Board, additional or more stringent limitations
or requirements on discharges to the POTW. Ninety days after adoption
by the Board, industrial users shall comply with such rules and regulations.
I.
Accidental discharges.
(1)
Each industrial user that does not currently have
an approved spill prevention plan or slug control plan shall provide
protection from accidental discharge of prohibited materials or other
substances regulated by this article, and all significant industrial
users shall submit to the Department detailed plans which show facilities
and operating procedures to be implemented to provide protection against
such accidental discharges. Facilities and measures to prevent and
abate accidental discharges shall be implemented, provided, and maintained
at the owner's or industrial user's cost or expense. Unless the significant
industrial user has an approved spill prevention or slug control plan,
all existing significant industrial users shall complete and submit
such a plan within 60 days of the effective date of this article (November
19, 1986). New significant industrial users shall submit such a plan
prior to the time they commence discharging.
(a)
For purposes of this section, the information
provided shall include the approximate average and maximum quantities
of such prohibited materials or substances kept on the premises in
the form of raw materials, chemicals and/or waste therefrom and the
containment capacity for each. Only substances that are in a form
which could readily be carried into the POTW and constitute a concentration
of 5% or greater in the raw material, chemical solution or waste material,
are required to be reported. Volumes of less than 55 gallons, or the
equivalent thereof, need not be reported unless lesser quantities
could cause pass-through or cause interference with the POTW.
(b)
The industrial user shall promptly notify the
Department of any significant changes or modifications to the plan
including, but not limited to, a change in the contact person, or
substance inventory.
(2)
At least once every two years, the Department shall
evaluate whether a significant industrial user needs a plan to control
slug discharges, as defined by 40 CFR 403.8(f)(2)(v). Unless otherwise
provided, all significant users shall complete, implement, and submit
such a plan within 30 days of notification by the Department.
J.
Notification requirements. Unless a different notice is provided by this article or applicable law, within one hour of becoming aware of a discharge into the POTW which exceeds or does not conform with federal, state or City of Royal Oak laws, rules, regulations or permit requirements, or which could cause problems to the POTW, or which has the potential to cause the industrial user to implement its plan prepared in accordance with Subsection I of this section, the industrial user shall telephone the Department at its control center and notify the Department of the discharge. The notification shall include the name of the caller, the location and time of discharge, the type of wastewater, the estimated concentration of excessive or prohibited pollutants and estimated volume, and the measures taken, or being taken, to abate the discharge into the POTW. Within five calendar days after the discharge, the industrial user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences and when required by the Department, the industrial user's wastewater discharge permit may be modified to include additional measures to prevent such future occurrences. Such notification shall not relieve the industrial user of any expense, cost of treatment, loss, damages or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other environmental impairment or any other damage to person or property.
K.
Notice to employees. A notice shall be permanently
posted on the industrial user's bulletin board, or other prominent
place, advising employees who to contact in the Department in the
event of an actual or excessive or prohibited discharge.
L.
Recovery of costs. Any user discharging in violation
of any of the provisions of this article, which produces a deposit
or obstruction, or causes damage to or impairs the Department's POTW,
or causes the Department to violate its NPDES permit, shall be liable
to the Department for any expense, loss, damage, penalty or fine incurred
by the Department because of said violation or discharge. Prior to
assessing such costs, the Department shall notify the user of its
determination that the user's discharge was the proximate cause of
such damage, obstruction, impairment, or violation of the City's NPDES
permit and the Department's intent to assess such costs to the user.
Any such notice shall include written documentation which substantiates
the determination of proximate cause and a breakdown of cost estimates.
Failure to pay the assessed costs shall constitute a violation of
this article. Such charge shall be in addition to, and not in lieu
of, any penalties or remedies provided under this article, or this
Code, or other statutes and regulations, or at law or in equity.
M.
Hazardous waste notification. All industrial users,
who discharge into the City of Royal Oak collection system, shall
notify the Department in writing of any discharge of a substance which,
if otherwise disposed of, would be a hazardous waste as set forth
in 40 CFR Part 261. Such notification must comply with the requirements
of 40 CFR 403.12(p).
N.
Authorized representative. The authorized representative,
as defined in this Code, may designate a duly authorized representative
of the individual designated in this Code where:
(1)
The authorization is made in writing by the individual
defined in this Code;
(2)
The authorization specifies either an individual or
a position having responsibility for the overall operation of the
facility where the industrial discharge originates, such as the position
of plant manager, operator of a well or well field superintendent,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
(3)
The written authorization is submitted to the Department.
O.
Pollution prevention. The Department shall encourage
and support industrial users to develop and implement pollution prevention
programs that are designed to eliminate or reduce pollutant contributions
beyond the levels required by this article. The Department may require
an industrial user to implement pollution prevention initiatives or
BMP, as part of an enforcement response, or as necessary to comply
with its NPDES permit.
A.
The purpose of this section is to provide for the
recovery of costs from users of the POTW. The applicable charges or
fees established by the Board shall be sufficient to meet the costs
of the operation, maintenance, improvement or replacement of the system,
or as provided by law or by Board action.
B.
The Board shall adopt charges and fees which shall
include, but not be limited to:
(1)
Fees for reimbursement of costs of establishing, operating,
maintaining, or improving the Department's industrial waste control
and pretreatment programs; and
(2)
User fees based upon volume of waste and concentration
or quantity of specific pollutants in the discharge, and treatment
costs, including sludge handling and disposal; and
(3)
Reasonable fees for reimbursement of costs for hearings,
including, but not limited to, expenses regarding hearings officers,
court reporters, and transcriptions; and
(4)
Other fees which the Board may deem necessary to carry
out the requirements contained herein, or as may be required by law.
A.
Required. It shall be unlawful for users to discharge
into the POTW any wastewater which will cause interference or pass-through
or otherwise not comply with the discharge prohibitions of this Code.
It shall be unlawful for a significant industrial user to discharge
into the POTW without a wastewater discharge permit from the Detroit
Water and Sewerage Department. Unless otherwise expressly authorized
by the Department through permit, order, rule or regulation, any discharge
must be in accordance with the provisions of this article.
(1)
All significant industrial users, which are in existence
on the effective date of this article, shall apply for a wastewater
discharge permit within 30 days of the effective date of this article.
Significant industrial users who are currently operating with a valid
wastewater discharge permit are not subject to this provision. These
applications are to include all information specified in this Code
and, where applicable, any additional information which may be needed
to satisfy the federal baseline monitoring report requirements of
40 CFR 403.12(b).
(2)
All new significant users shall apply for a wastewater
discharge permit at least 90 days prior to commencement of discharge.
The application must include all information specified in this Code
and, where applicable, any additional information that may be needed
to satisfy the federal BMR requirements of 40 CFR 403.12(b). Until
a permit is issued and finalized by the Department, no discharge shall
be made into the POTW.
(3)
Any user who proposes to discharge any wastewater
other than sanitary or noncontact cooling water into the POTW shall
request approval from the Department for the discharge(s) at least
30 days prior to the commencement of the discharge.
B.
Permit application or reapplication. The Department
may require any user to complete a questionnaire and/or a permit application
and to submit the same to the Department for determining whether the
industrial user is a significant user, or to determine changes in
the wastewater discharges from a user's facility. Within 30 days of
being so notified, a user shall comply with the Department's request
in the manner and form prescribed by the Department. Failure of the
Department to so notify a user shall not relieve the user of the duty
to obtain a permit as required by this article.
(1)
A user which becomes subject to a new or revised National
Categorical Pretreatment Standard shall apply for a wastewater discharge
permit within 90 days after the promulgation of the applicable National
Categorical Pretreatment Standard, unless an earlier date is specified
or required by 40 CFR 403.12(b). The existing user shall provide a
permit application which includes all the information specified in
this Code.
(2)
A separate permit application shall be required for
each separate facility.
(3)
Existing permittees shall apply for permit reissuance
a minimum of 90 days prior to the expiration of existing permits on
a form prescribed by the Department.
C.
Application or reapplication information. In support
of an application or reapplication for a wastewater discharge permit,
the industrial user shall submit, in units and terms appropriate for
evaluation, the following information:
(1)
Corporate or individual name, any assumed name(s),
federal employer identification number, address, and location of the
discharging facility.
(2)
Name and title of the authorized representative of
the industrial user who shall have the authority to bind the industrial
user financially and legally.
(3)
All SIC numbers of all processes at this location
according to the Standard Industrial Classification Manual, issued
by the Executive Office of the President, Office of Management and
Budget, 1987, as amended.
(4)
Actual or proposed wastewater constituents and characteristics
for each parameter listed in the permit application form. Such parameters
shall include those applicable pollutants having numeric limitations
as enumerated in this Code, those pollutants limited by National Categorical
Pretreatment Standards regulations for applicable industries and any
toxic pollutants known or suspected to be present in the discharge,
regulated in the previous permit, or specifically requested by the
Detroit Water and Sewerage Department. For each parameter, the expected
or experienced maximum and average concentrations during a one-year
period shall be provided. For industries subject to National Categorical
Pretreatment Standards or requirements, the data requested herein
shall be separately shown for each categorical process waste stream.
Combined waste streams proposed to be regulated by the combined waste
stream formula shall also be identified. Sampling and analysis shall
be performed in accordance with procedures established by the EPA
pursuant to 33 U.S.C. § 1314(g) and contained in 40 CFR
Part 136, as amended. Where 40 CFR Part 136 does not include sampling
or analytical techniques for the pollutants in question, sampling
and analysis shall be performed using validated analytical methods
approved by the administrator.
(5)
A listing and description of activities, facilities and plant processes on the premises. Those processes which are subject to National Categorical Pretreatment Standards or requirements shall be so designated. As pertains to Subsection C(4) of this section, identify which pollutants are associated with each process.
(6)
Restricted to only those pollutants referred to in Subsection C(4), of this section, a listing of raw materials and chemicals which are either used in the manufacturing process or could yield the pollutants referred to in Subsection C(4). Any user claiming immunity from having to provide such information for reasons of national security shall furnish acceptable proof of such immunity.
(7)
A description of typical daily and weekly operating
cycles for each process in terms of starting and ending times for
each of the seven days of the week.
(8)
Denote:
(a)
The average and maximum twenty-four-hour wastewater
flow rates, including, if any, daily, monthly and seasonal variations;
(b)
Each national categorical process waste stream
flow rate and the cooling water, sanitary water and stormwater flow
rates separately for each connection to the POTW; and
(c)
Each combined waste stream.
(9)
A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW; also a flow schematic showing which connections receive each national categorical process waste stream and which connections receive stormwater, sanitary water or cooling water; also show which lines handle each combined waste stream. This schematic shall be cross-referenced to the information furnished in Subsection C(8) of this section.
(10)
Each product produced by type, amount, process or
processes and rate of production as pertains to processes subject
to production-based limits under the National Categorical Pretreatment
Standards or requirements only.
(11)
A statement regarding whether or not the requirements
of this article and of the National Categorical Pretreatment Standards
and requirements are being met on a consistent basis and, if not,
what additional operation and maintenance work and/or additional construction
is required for the industrial user to meet the applicable standards
and requirements. This statement shall be reviewed and signed by the
authorized representative and, as appropriate, certified by a qualified
professional.
(12)
Basic information on the program for the prevention
of accidental discharges in accordance with the requirements of this
Code.
(13)
Proposed or actual hours of operation of each pretreatment
system for each production process.
(14)
A schematic and description of each pretreatment facility
which identifies whether each pretreatment facility is of the batch
type or continuous process type.
(15)
If other than Detroit Water and Sewerage Department
potable water, the industrial user's source of intake water together
with the types of usage and disposal method of each water source,
and the estimated wastewater volumes from each source.
(16)
If additional construction and/or operation and maintenance
procedures will be required to meet the requirements of this article
and the National Categorical Pretreatment Standards, the shortest
schedule by which the user will provide such additional construction
and/or implement the required operation and maintenance procedures.
(17)
Identify whether the user has conducted a waste minimization
assessment or audit of its operations in order to identify all feasible
source reduction and recycling practices that may be employed to reduce
or eliminate the generation of pollutants and other waste at the facility.
(18)
Any other information as may reasonably be required
to prepare and process a wastewater discharge permit.
D.
Permit issuance. Upon receipt of an application, the
Department shall review the application, determine, and so notify
the industrial user in writing regarding any of the following:
(1)
The industrial user does not meet the definition of
a significant industrial user and is not required to have a wastewater
discharge permit.
(2)
The industrial user does meet the definition of a
significant industrial user but is found by the Department to have
no reasonable potential for adversely affecting the POTW operation
or for violating any pretreatment standard or requirement, and is
not required to have a wastewater discharge permit. The Department
shall make such determination in accordance with the requirements
of 40 CFR 403.8(f)(6).
(3)
The application is incomplete or the information only
partially satisfies the information and data required by 40 CFR 403.12
or by the Department, and that additional information and data are
required which shall be promptly furnished. Where appropriate, the
industrial user is notified regarding specific information that is
missing, or that the application is unacceptable.
(4)
The industrial user is required to have a wastewater
discharge permit. The Department shall notify the industrial user
of its determination and the basis of the determination. The Department
may withhold issuance of a permit to a significant user which has
not submitted an adequate or timely report or permit application to
the Department as the control authority in accordance with the reporting
requirements of 40 CFR 403.12, or whose discharge is in violation
of this article. If the Department determines that an industrial user
is required to have a wastewater discharge permit and has evaluated
and accepted the data furnished, the industrial user will be notified
accordingly by certified mail. The notification shall contain a copy
of the draft permit, so marked, for the industrial user's review.
An industrial user has 30 days from the date of mailing to file a
response to the draft permit and, in accordance with the procedures
contained in this Code, 20 days from the date of mailing to file an
appeal regarding a permit issued as final. Upon disposition by the
Department of any contested terms or conditions, a permit shall be
issued as final. Only one facility location shall be included in each
permit.
E.
Permit conditions. Wastewater discharge permits shall
contain all requirements of 40 CFR 403.8(f)(1)(iii) and shall be deemed
to incorporate all provisions of this article, other applicable laws,
rules, regulations, and user charges and fees established by the City
of Detroit or City of Royal Oak without repetition therein. In addition,
permits may contain the following:
(1)
Limits on the average and maximum wastewater constituents
or characteristics which are equivalent, more restrictive than, or
supplemental to the numeric limits enumerated in this Code, or the
applicable National Categorical Pretreatment Standards.
(2)
Limits on average, and maximum rate and time of discharge
or requirements for flow regulation and equalization.
(3)
Requirements for installation, operation, and maintenance
of discharge sampling manholes and monitoring facilities by the industrial
user.
(4)
Restrictions on which of the user's discharge waste
streams are to be allowed to be discharged at each point of connection
to the POTW.
(5)
Specifications for industrial user monitoring programs
which may include sampling locations, frequency and type of sampling,
number, types and standards for tests and reporting schedules.
(6)
Requirements for the prevention of accidental discharges
and the containment of spills or slug discharges.
(7)
Restrictions based on the information furnished in
the application.
(8)
Additional reporting requirements:
(a)
All permittees shall submit a report on the
form prescribed by the Department, or on an alternative form approved
by the Department, indicating the status of compliance with all conditions
enumerated or referred to in the wastewater discharge permit, or made
applicable to the permit by this article. Unless required more frequently,
the reports shall be submitted at six-month intervals on a schedule
to be established by the Department. Analytical data generated by
the Department may not be submitted in lieu of the facility's own
monitoring data as required by the wastewater discharge permit.
(b)
Permittees not subject to National Categorical
Pretreatment Standards or requirements shall submit a report in accordance
with the requirements of this Code. The report shall show the concentration
of each substance for which there is a specific limitation in the
permit, or which may be identified by the Department in accordance
with this Code.
(c)
Permittees subject to National Categorical Pretreatment
Standards or requirements shall submit compliance reports at the times
and intervals specified by federal regulations and by the Department.
A compliance report shall be submitted to the Department no later
than 90 days following the final compliance date for a standard or,
in the case of a new source, no later than 90 days following commencement
of the introduction of wastewater into the POTW, and in accordance
with 40 CFR 403.12(d). A report on continued compliance shall be submitted
at six-month intervals thereafter on the schedule established by the
Department and incorporated into the industrial user's discharge permit
and in accordance with this Code. The reports shall be either on a
form prescribed by the Department or on an alternate form approved
by the Department and shall indicate the nature and concentration
of all pollutants in the discharge from each regulated process which
are limited by National Categorical Pretreatment Standards, or for
which there is a specific limitation in the permit, or which may be
identified by the Department in accordance with this Code. The report
shall include a record of measured or estimated average and maximum
daily flows for the reporting period for the discharges regulated
by the permit. The combined waste stream formula may be used for reporting
purposes after the initial information has been furnished to the Department,
provided that there have been no changes to the elements composing
the combined waste stream.
(d)
Reports shall contain the results of representative
sampling performed during the period covered by the report and of
the discharge and analysis of pollutants contained therein, and, for
significant industrial users subject to production-based standards,
shall be cross-referenced to the related flow or production and mass
as required to determine compliance with the applicable pretreatment
standards. The frequency of monitoring shall be as prescribed in the
applicable general pretreatment regulations, being 40 CFR Part 403,
or by the Department, but no less than is necessary to assess and
assure compliance by the industrial user with the most stringent applicable
pretreatment standards and requirements. All sampling and analysis
shall be performed in accordance with applicable regulations contained
in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does
not include sampling or analytical techniques for the pollutants in
question, sampling and analysis shall be performed using validated
analytical methods approved by the administrator. If an industrial
user monitors any pollutant more frequently than required by the Department
using the procedures as prescribed in this section, the results of
this monitoring shall be included in such report. The report shall
state whether the applicable pretreatment standards are being met
on a consistent basis and, if not, what additional operation and maintenance
practices and/or pretreatment system improvements or changes are necessary
to bring the industrial user into compliance with the applicable pretreatment
standards.
(e)
This report, and those required under this Code,
shall include the following certification statement: "I certify under
penalty of law that this document and all attachments were prepared
under my direction, or supervision, in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge
and belief, true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including
the possibility of a fine and/or imprisonment for knowing violations."
Said certification shall be signed by the facility's authorized representative,
as defined in this Code. If an authorization is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility, or overall responsibility for
environmental matters for the company, a new authorization satisfying
the requirements of the authorized representative definition must
be submitted to the Department prior to, or together with, any reports
to be signed by an authorized representative.
(f)
If sampling performed by a permittee indicates
a violation, the user shall notify the Department within 24 hours
of the time said user becomes, or should have become, aware of the
violation. In addition, the user shall repeat the sampling and analysis,
and submit the results of the repeat analysis to the Department within
30 days after said user becomes, or should have become, aware of the
violation.
(9)
In the event the Director determines that an industrial
user is discharging substances in quality, quantity or at locations
which may cause problems to the POTW, or the receiving stream, the
Department has the authority to develop and enforce effluent limits
applicable to the user. To the extent the Department seeks to impose
restrictions in a permit which are more restrictive than established
in this article, the Department shall provide written documentation
to explain the greater restriction for protection against pass-through,
interference, or violation of the NPDES permit.
(10)
Requirement for pollution prevention initiatives.
(11)
Other requirements reasonably necessary to ensure
compliance with this article.
F.
Permit duration. Permits shall be issued for a specified
time period. Except as deemed necessary by the Department, or as otherwise
provided for under this article, permits shall be issued for a specified
period of not more than five years nor less than one year. The existing
permit for significant industrial users, who timely submit an application
for permit reissuance to the Department, shall be automatically extended
until a permit is issued as final.
G.
Permit modification. The terms and conditions of the
permit may be subject to modification by the Department during the
term of the permit as limitations or pretreatment standards and requirements
identified in this Code are amended, or other just cause exists. Just
cause for a permit modification includes, but shall not be limited
to, the following:
(1)
Material or substantial changes to an industrial user's
facility or operation, or changes in the characteristics of the industrial
user's effluent. It shall be the industrial user's duty to request
an application form and apply for a modification of the permit within
30 calendar days of the change.
(2)
Change(s) in the Department's NPDES permit.
(3)
Embodiment of the provisions of a legal settlement
or of a court order.
(4)
Any changes necessary to fulfill the Department's
role as control authority.
(5)
An industrial user's noncompliance with portions of
an existing permit.
(6)
A change of conditions within the POTW.
(7)
A finding of interference or pass-through attributable
to the industrial user.
(8)
Amendments to, or promulgation of, National Categorical Pretreatment Standards or requirements including 40 CFR Part 403 and those delineated in Appendix A[1] of this article. Permittees shall request an application
form and apply to the Department for a modified permit within 90 days
after the promulgation of a new or revised National Categorical Pretreatment
Standard to which the industrial user shall be subject. Information
submitted pursuant to this subsection shall be confined to that information
related to the newly promulgated or amended National Categorical Pretreatment
Standard or requirement. However, information previously submitted
need not be duplicated, insofar as the previously submitted information
continues to be current and applicable. In addition, the Department
may initiate this action.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(9)
Changes in the monitoring location.
(10)
Typographical errors or omissions in permits.
(11)
The Department may modify the permit on its own initiative
based on its findings or reasonable belief of the above or the user
may request a modification of the permit. When initiated by the Department,
the industrial user shall be informed of any proposed change in its
permit. The Department will issue a draft permit and an industrial
user has 30 days to file a response to the draft modified permit.
Thereafter, the Department will issue a final permit and, unless appealed
in accordance with the procedures contained in this Code, the permit
will become effective 20 days after issuance.
H.
Permit custody and transfer. Wastewater discharge
permits are issued to a specific person as defined herein for a specific
discharge. A wastewater discharge permit shall not be reassigned or
transferred or sold to a different person, new owner, new industrial
user, different premises, or a new or changed operation without notice
to and written approval of the Department, and providing a copy of
the existing permit to the new owner or operator. It shall be the
permit holder's duty to notify the Department of any such change at
least 30 days before the date of the change. Wastewater discharge
permits, which do not receive the written approval of the Department
prior to the change, shall be null and void regardless of reassignment,
or transfer, or sale. If it has occurred, the Department may revoke
a permit. If a change takes place, the Department may require the
application for a new or modified permit. Any succeeding person shall
comply with the terms and conditions of any existing permit which
the Department allows to be retained.
I.
Permit notification requirements. All industrial users
shall promptly notify the Department in advance of any substantial
change in the volume or character of pollutants in their discharge,
including the listed or characteristic hazardous waste for which initial
notification under 40 CFR 403.12(p) has been made, request a permit
application form, and apply for a modification of the permit at least
30 calendar days prior to the change. Failure of the industrial user
to so apply shall be considered a violation of this article.
A.
Significant industrial users shall provide, operate
and maintain at their own expense a sampling manhole or special structure
to facilitate monitoring, inspection, sampling, and flow measurement
of their discharge by the Department and the industrial user, and
to enable the Department to conduct such other monitoring and sampling
as required for determining compliance with discharge requirements,
limits and standards as provided for in this article. In the event
the Department determines that the monitoring facility identified
in the permit application is inadequate, a new monitoring facility
must be identified, or provided, which shall allow for collection
of a representative sample of the wastewater discharged from the facility.
Unless otherwise determined at the discretion of the Department, said
facility shall be provided within 90 days of receipt of notification
by the Department. The industrial user shall provide the Department
with:
(1)
A drawing showing all sewer connections and sampling
manholes by the size, location, elevation, and points or places of
discharges into the POTW;
(2)
A flow schematic showing: which connections receive
each national categorical process waste stream, which connections
receive stormwater, sanitary water or cooling water, and which lines
handle each combined waste stream. This report shall be certified
by a professional engineer. If a significant industrial user fails
to install the monitoring facilities within the prescribed time limits,
then the Department may install such structure or device and the significant
user shall reimburse the Department for any costs incurred therein.
B.
The sampling manhole should be situated on the industrial
user's premises in a location readily accessible to the Department.
When such a location would be impractical or cause undue hardship
to the industrial user, the Department may allow the facility to be
constructed in the public street or sidewalk area when there is room
and the location will not be obstructed by landscaping or parked vehicles.
It shall be the responsibility of the industrial user to obtain any
necessary approvals which may be required from other government agencies
for the location and construction of monitoring facilities. There
shall be ample room in or near such sampling or monitoring manhole
or facility to allow accurate sampling and preparation of samples
for analysis. The facility and any permanently installed sampling
and measuring equipment shall be maintained at all times in a safe
and proper operating condition at the expense of the industrial user.
Whether constructed upon public or private property, the sampling
and monitoring facilities shall be provided in accordance with the
Department's requirements and all applicable local construction standards
and specifications.
A.
For purposes of administering and enforcing this article,
any other applicable provisions of this Code or applicable state or
federal laws and regulations, the Department may inspect the establishment,
facility or other premises of the industrial user. The Department's
employees or authorized representative shall have access to the industrial
user's premises for purposes of inspection, sampling, compliance monitoring
and/or metering activities.
B.
Each such inspection or sampling activity shall be
commenced and completed at reasonable times and in a reasonable manner.
Upon arrival at the industrial user's premises, the Department shall
inform the industrial user, or the industrial user's employees, that
sampling and/or inspection is commencing, and that the facility's
authorized representative has the right to observe the inspection
and/or sampling. The Department shall neither refrain from, nor be
prevented or delayed from, carrying out its inspection or sampling
duties due to the unavailability of the authorized representative
of the facility to observe or participate in the inspection or sampling
activity.
C.
While performing work on private property, employees
or authorized representatives of the Department shall observe all
reasonable safety, security and other reasonable rules applicable
to the premises as established by the industrial user. Duly authorized
employees or representatives of the Department shall bear proper credentials
and identification, and at the industrial user's option may be accompanied
by a duly authorized representative of the industrial user. Duly authorized
Department representatives shall not be restricted from viewing any
of the facility site. Department employees or representatives may
take photographs of facilities subject to this article which shall
be maintained by the Department as confidential in accordance with
this Code.
D.
Where an industrial user has security measures in
force, the industrial user shall make prompt and necessary arrangements
with the security personnel so that, upon presentation of appropriate
credentials, personnel from the Department will be permitted to enter
for the purposes of performing their specific responsibilities.
E.
Significant industrial users shall sample and analyze
their discharge in accordance with the provisions of their permit.
The Department may require such samples to be split with the Department
for the Department's independent analysis.
F.
Industrial users shall maintain records of all information
from monitoring activities required by this article, or by 40 CFR
403.12(n). Industrial users shall maintain the records for no less
than three years. This period of record retention shall be extended
during the course of any unresolved litigation regarding the discharge
of pollutants by the industrial user, or the operation of the City
of Detroit's industrial waste program, or when requested by the Department,
by the state, or by the EPA.
G.
Upon the request of the Department, industrial users
shall furnish information and records relating to discharges into
the POTW. Industrial users shall make such records readily accessible
to the Department at all reasonable times, and allow the Department
to copy such records.
H.
In the event the Department obtains samples, and analyses
are made of such samples, a copy of the results of such analyses shall
be promptly furnished upon written request by the industrial user's
authorized representative. When requested by the industrial user,
the Department employee or representative shall leave with the user
a portion of any sample of the user's discharge taken from any sampling
point on or adjacent to the premises for the user's independent analysis.
In cases of disputes arising over shared samples, the portion taken
and analyzed by the Department shall be controlling unless proven
invalid.
I.
In addition to any other violation caused by the discharge
described herein, in the event a single grab sample of the industrial
user's discharge is obtained by the Department, and then analyzed
in accordance with 40 CFR Part 136, and found to contain concentrations
of pollutants which are two or more times greater than the numeric
limitations as listed in this Code, or as contained in the facility's
wastewater discharge permit, the industrial user shall implement its
slug control plan, and shall provide a written report to the Department
within 14 days, which describes the cause of greater concentration
and provides a description of the means by which future discharge
concentrations will be held to values of less than two times the limitation
in the future.
A.
Information and data on an industrial user obtained
from written reports, questionnaires, permit applications, permits
and monitoring programs, and from inspections shall be available to
the public or other governmental agencies without restriction unless
the industrial user specifically requests and is able to demonstrate
to the satisfaction of the Department that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the industrial user.
(1)
When submitted to the Department, all information
claimed to be confidential must be clearly marked "confidential."
When requested by the person furnishing the report, the portions of
a report determined by the Department to disclose trade secrets or
trade secret processes, and which are clearly labeled as confidential,
shall not be made available for inspection by the public, but shall
be made available upon request to governmental agencies for uses related
to this article, to the National Pollutant Discharge Elimination System
(NPDES) permit, and to the state disposal system permit and/or the
pretreatment programs; provided, however, that information shall be
treated as confidential by the governmental agency until such time
as the information has been determined to be nonconfidential by the
governmental agency. Confidential information on industrial users,
which the Department releases pursuant to a request of another governmental
agency, should be handled by the other governmental agency pursuant
to its own confidentiality procedures. The Department cannot control
how another governmental agency handles such confidential information,
and assumes no responsibility for the disposition of the information
released to the governmental agency. The Department will use sufficient
care to inform the other governmental agency of the existence of the
industrial user's confidentiality claim.
(2)
The Department shall determine whether the information
requested to be treated as confidential, in fact, satisfies the requirements
of confidential information as defined herein. The decision of the
Department shall be made in writing.
(3)
Wastewater constituents and characteristics will not
be recognized as confidential information.
B.
Except as otherwise determined by the Department or
provided for by applicable law, all information with respect to an
industrial user on file with the City shall be made available upon
request by such user or the user's authorized representative during
normal business hours.
The National Categorical Pretreatment Standards
defined in 40 CFR Chapter I, Subchapter N, Parts 405 through 471,
shall be and are incorporated by reference herein and made a part
hereof. Unless otherwise provided, any reference in this article to
a code, standard, rule, regulation, or law enacted, adopted, established,
or promulgated by any private organization, or by any element or organization
of government other than the City of Royal Oak shall be construed
to apply to such code, standard, rule, regulation, or law in effect
or as amended or promulgated, from the date of enactment of this article.
A.
Violations. It shall be a violation of this article
for any user to:
(1)
Fail to completely and/or accurately report the wastewater
constituents and/or characteristics of the industrial user's discharge.
(2)
Fail to report significant changes in the industrial
user's operations or wastewater constituents and/or characteristics
within the time frames provided in this Code.
(3)
Refuse reasonable access to the industrial user's
premises, waste discharge, or sample location for the purpose of inspection
or monitoring.
(4)
Restrict, lockout or prevent, directly or indirectly,
access to any monitoring facilities constructed on public or private
property. The locking or securing of the monitoring facility shall
not constitute a violation pursuant to this subsection, provided that,
upon request, reasonable access to the facility is promptly provided
to the Department.
(5)
Restrict, interfere, tamper with, or render inaccurate
any of the Department's monitoring devices including, but not limited
to, samplers.
(6)
Fail to comply with any condition or requirement of
the industrial user's wastewater discharge permit.
(7)
Fail to comply with any limitation, prohibition, or
requirement of this article, including any rule, regulation, or order
issued hereunder. Industrial users acting in full compliance with
wastewater discharge permits issued prior to the effective date of
this article shall be deemed to be in compliance with the requirements
of this article, and such permits shall remain in effect and be enforceable
under this article until a superseding permit is effective. Industrial
users shall comply with applicable National Categorical Pretreatment
Standards and requirements on the date specified in the federal regulations,
regardless of compliance schedules.
B.
Upsets. An upset shall constitute an affirmative defense to an action brought for noncompliance with National Categorical Pretreatment Standards where the requirements of Subsection B(1) of this section are met.
(1)
An industrial user who wishes to establish the affirmative
defense shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence, that:
(a)
An upset occurred and the industrial user can
identify the cause(s) of the upset.
(b)
At the time, the facility was being operated
in a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures.
(c)
The industrial user has submitted the following
information to the Department, orally or in writing, within 24 hours
of becoming aware of the upset and, where this information is provided
orally, a written submission must be provided within five days:
[1]
A description of the discharge and cause of
noncompliance;
[2]
The period of noncompliance, including exact
dates and times, or, if not corrected, the anticipated time the noncompliance
is expected to continue; and
[3]
Steps being taken and/or planned to reduce,
eliminate and prevent recurrence of the noncompliance.
(2)
In any enforcement proceeding, the industrial user
seeking to establish the occurrence of an upset shall have the burden
of proof.
(3)
The industrial user shall control production of all
discharges to the extent necessary to maintain compliance with this
article upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
C.
Bypass. Bypasses are prohibited unless the bypass does not cause a violation of pretreatment standards or requirements, but only if it is for essential maintenance to ensure efficient operation of the treatment system. These bypasses are not subject to the provisions of Subsection C(1) and (2) of this section.
(1)
Notice of anticipated bypass. Industrial users anticipating
a bypass shall submit notice to the Department at least 10 days in
advance.
(2)
Notice of unanticipated bypass. An industrial user
shall submit oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards within 24 hours from the time the industrial
user becomes or should have become aware of the bypass. A written
submission shall be provided within five days of the time the industrial
user becomes or should have become aware of the bypass. The written
submission shall contain a description of the bypass, including exact
dates and times, and if the bypass has not been corrected, the anticipated
time it is expected to continue, and steps taken or planned to reduce,
eliminate and prevent reoccurrence of the bypass.
(3)
Prohibition of bypass and enforcement. Bypass is prohibited,
and the Department may take enforcement action against a user for
a bypass, unless:
(a)
The bypass was unavoidable to prevent loss of
life, personal injury, or severe property damage;
(b)
There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention of untreated
waste, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup 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 preventative maintenance; and
D.
Where one or more of the measurements taken for any
pollutant defined in this Code during a six-month period exceed by
any magnitude the daily maximum nondetect limit for the same parameter,
the industrial user may develop and implement pollution prevention
initiatives, or a BMP, as part of its response. The Department may,
as part of an administrative order, also require development of a
BMP as a part of the Department's enforcement response. Upon approval
of the Department, these pollution prevention initiatives, or BMPs,
shall be made an enforceable part of the wastewater discharge permit.
Industrial users shall provide, at six-month intervals, analytical
results and certifications in support of its implementation of an
approved pollution prevention initiative or BMPs. Upon demonstration
of compliance, the industrial user may request to be relieved of this
implementation requirement.
E.
Emergency suspensions and orders. The Department may
order suspension of the sewer or wastewater treatment service and/or
a wastewater discharge permit where, in the opinion of the Department,
such suspension is necessary to stop any actual or threatened discharge
which presents or may present an imminent or significant hazard to
the health or welfare of persons or to the environment, interferes
or may interfere with the POTW, or causes or may cause the City of
Detroit to violate any condition of its NPDES permit. Any person notified
of a suspension of the sewer or wastewater treatment service and/or
the wastewater discharge permit shall immediately stop or eliminate
the contribution. In the event the Department provides informal notification
under this section, written confirmation and an order shall be provided
within 24 hours. In the event of a failure of the person to comply
voluntarily with any suspension or revocation order, the Department
shall take such steps as deemed necessary, including immediate severance
of the sewer connection or services, to prevent or minimize damage
to the POTW system or danger to any individual or the environment.
In the event such steps are taken, the Director shall notify the industrial
user within 24 hours in writing of such action and order, and the
specific recourse available. In any event, the Department shall provide
the industrial user with an opportunity for a hearing before the Director,
or his designated representative, within 10 days of such action. The
industrial user shall submit a detailed written statement to the Department
within 15 days of the occurrence describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
Upon proof of elimination of the noncomplying discharge, the Department
shall reinstate the wastewater discharge permit and/or the sewer or
wastewater treatment service.
F.
Notice of violation. Except in the case of an actual or threatened discharge as specified in Subsection E of this section, whenever the Department has reason to believe that any industrial user has violated or is violating this article, the Department shall serve a written notice stating the nature of the violation upon such industrial user. Where applicable, the Department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the Department to issue a notice of violation shall not preclude the Department from escalating its enforcement response.
G.
Administrative actions. Whenever the Department has
reasonable grounds to believe that a user is violating, or has violated,
a provision of its wastewater discharge permit, or a pretreatment
standard or requirement or any prohibition of this article, the Department,
may initiate appropriate administrative enforcement action, except
in the case of emergency or flagrant violation, in order to compel
the industrial user to eliminate or to remedy such violation as soon
as possible.
(1)
Conferences; compliance schedule; administrative orders.
(a)
Conferences. The Department may order any person who violates this article to attend a conference wherein the Department may endeavor to cause the user to eliminate or remedy the violation by establishing an enforceable compliance schedule. The notice of violation shall be served at least 10 days before the scheduled conference and shall set forth the date, time, and place thereof. The conference shall be conducted by a representative of the Department. The industrial user shall present a plan and schedule for achieving compliance with this article. Nothing contained herein shall require the Department to accept or agree to any proposed plan or schedule, or to prevent the Department from proceeding with a show cause hearing as set forth in Subsection G(2) of this section. If the attendees agree upon a compliance schedule, the user and the Department's duly authorized representative may enter, by consent, into a compliance agreement or an administrative order setting forth the terms of such agreement. An industrial user must exhibit good faith and expeditious efforts to comply with this article and any procedures, requirements, and agreements hereunder.
(b)
Compliance schedules. The user and the Department
may agree upon a schedule which sets forth the terms and conditions
and time periods or schedules for completion of actions to remedy
or to eliminate the causes of violation. These schedules may be developed
as part of a compliance agreement or an administrative consent order.
Schedules developed under this subsection shall adhere to the following
conditions:
[1]
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of upgraded or additional
pretreatment facilities, or to the implementation of additional operation
and maintenance procedures required for the industrial user to meet
the applicable pretreatment requirements and standards including,
but not limited to, hiring an engineer, completing preliminary plans,
completing final plans, executing contracts for major components,
commencing construction, and completing construction;
[3]
Not later than 14 days following each date in
the schedule and the final date for compliance, the industrial user
shall submit a progress report to the Department, including, at a
minimum, whether it complied with the increment of progress to be
met on such date and, if not, the date which it expects to comply
with this increment of progress, the reason(s) for delay, and the
steps being taken by the industrial user to return to the established
schedule; and
[4]
Any deviations from the compliance schedule
may result in the industrial user being found in violation of this
article.
(c)
Administrative orders. The Department may order
any industrial user who violates or continues to violate this article
or a duly issued permit to install and to properly operate devices,
treatment facilities or other related appurtenances. In addition,
orders may contain such other requirements as might reasonably be
necessary and appropriate to address the violation, including the
installation of pretreatment technology, additional self-monitoring
and management practices, implementation of a waste minimization assessment
to identify and implement feasible source reduction, and recycling
practices to reduce the generation or release of pollutants at the
facility. An order may be either an administrative consent order,
which is the result of an agreement, or a unilateral administrative
order.
(2)
Show cause hearing. The Department may order any industrial
user who violates this article or allows such violation to occur to
show cause before the Department why a proposed enforcement action
should not be taken. A notice shall be served upon the industrial
user specifying the time and place of a hearing before the Department
regarding the violation, the reason(s) why the action is to be taken,
the proposed enforcement action, and directing the industrial user
to show cause before the Department why any proposed enforcement action
should not be taken. The notice of the hearing shall be served personally,
or by registered or certified mail with return receipt requested,
at least 10 days before the hearing. Service may be made upon any
agent or officer of a corporation, or its authorized representative.
(a)
Hearing proceeding. The hearing shall be conducted
in accordance with the procedures adopted by the Board. A hearings
officer shall conduct the show cause hearing and take the evidence,
and may:
[1]
In the name of the Board, issue notices of hearing
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearing.
[2]
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Director for action thereon.
(b)
Transcript. At any show cause hearing held pursuant
to this article, testimony shall be recorded by a court reporter.
(3)
Actions. After a show cause hearing has been conducted,
the hearing officer shall issue an order to the industrial user directing
any of the following actions:
(a)
Immediate compliance with the industrial user's
wastewater discharge permit or with any applicable limitation, condition,
restriction or requirement of this article, or applicable local, state
or federal law or regulation;
(b)
Pretreatment of waste by installation of adequate
treatment equipment or proper operation and maintenance of existing
treatment equipment be accomplished within a specified time period;
(c)
Submission of compliance reports on effluent
quality and quantity as determined by self- monitoring and analysis
during a specified time period;
(d)
Submission of periodic reports on effluent quality
and quantity determined by self-monitoring analysis throughout the
final period set by a compliance date;
(e)
Control of discharge quantities;
(f)
Payment of costs for reasonable and necessary
inspection, monitoring, and administration of the industrial user's
activities by the Department during compliance efforts; and/or
(g)
Any such other orders as are appropriate, including,
but not limited to, immediate termination of sewer or wastewater treatment
services, or revocation of a wastewater discharge permit, or orders
directing that following a specified time period sewer or wastewater
treatment service will be discontinued unless adequate treatment facilities,
devices, or operation and maintenance practices have been employed.
(h)
A finding that the user has demonstrated by
a preponderance of the evidence that a violation, either of this article
or of a duly issued permit, did not occur.
(4)
Public notification of significant noncompliance.
The Department shall publish in the largest daily newspaper published
in the City of Detroit a list of all industrial users that were in
significant noncompliance with applicable pretreatment requirements
at any time during the previous 12 months. All industrial users identified
in a proposed publication shall be provided with a copy of the proposed
notice at least 30 days before publication and be allowed an opportunity
to comment as to its accuracy.
H.
Legal actions.
(1)
Criminal action: Any user who violates any provision
of this article, including the failure to pay any fees, fines, charges
or surcharges imposed hereby, or any condition or limitation of a
permit issued pursuant thereto, or who knowingly makes any false statements,
representations or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or wastewater discharge permit, or who tampers with
or knowingly renders inaccurate any monitoring device required under
this article, is guilty of a misdemeanor and, upon conviction, shall
be punished by a fine not to exceed $500 for each violation per day,
or by imprisonment for not more than 90 days, or by both. The Department
is hereby authorized, through its counsel, to seek prosecution of
criminal charges against any person violating any provision of this
article.
(2)
Civil action: Whenever the Department has reasonable
grounds to believe that a user is violating, or has violated, a provision
of its wastewater discharge permit, a pretreatment standard or requirement
or any requirement of this article, the Director may commence a civil
action to compel compliance in a court of competent jurisdiction to
enjoin the user from discharging, and/or to obtain appropriate relief
to remedy the violations. The Department or Board may also seek additional
legal and/or equitable relief. The commencement of suit neither constitutes
an exclusive election of remedies nor prohibits the Department, Director,
Board, or City of Detroit from commencing action in federal court
for discharges believed to be in violation of this article, state
and federal requirements contained in the Clean Water Act, the City
of Detroit's NPDES permit, or other applicable laws or requirements.
In addition, the City of Detroit may recover the reasonable attorney
fees, court costs, court reporters' fees, and other unusual expenses
related to enforcement activities or litigation against the person
found to have violated this article, or the orders, rules, regulations
and permits issued hereunder.
(3)
All fines, costs, and penalties which are imposed
by any court of competent jurisdiction shall be payable to the City
of Detroit Water and Sewerage Department.
Through the procedures of reconsideration and
appeal, a user may contest actions, determinations, or decisions of
the Department which result from its construction, application and
enforcement of this article. The procedures contained within this
section govern reconsideration and appeal with respect to construction,
application, and enforcement of this article.
A.
Selection of reconsideration or of appeal.
(1)
Except for those actions, determinations, or decisions
which are expressly identified as subject only to appeal, reconsideration
may be requested by any permit applicant, permittee, authorized industrial
wastewater discharger or other discharger, who is adversely affected
by any action, determination, or decision that is made by, or on behalf
of, the Department by the Director, or an authorized representative,
and that interprets, implements or enforces the provisions of this
article.
(2)
An appeal may be requested by any permit applicant,
permittee, authorized industrial wastewater discharger or other discharger,
who is adversely affected by a permit issued as final by the Department,
or by an administrative order entered after a show cause order and
hearing, or after a hearing for reconsideration.
(3)
Unless otherwise expressly provided for by this article,
a request for reconsideration or appeal must be signed by an authorized
representative, and received at the Department's general offices within
20 days from the date of the occurrence of the action, determination,
or decision in dispute. A request for reconsideration shall contain
the requester's name and address, a brief statement of the reason(s),
and the factual basis underlying the request.
(4)
A request for reconsideration shall be filed in triplicate
either by hand delivery or by certified mail to the general offices
of the Department. Where a request for reconsideration or appeal either
is not filed within the time period provided for in this subsection
or is improperly made, the action, determination or decision of the
Director, or the Department's authorized representative, is final,
and any right to reconsideration appeal may be deemed waived.
B.
Reconsideration. Within 15 days after receipt of a
timely and proper request for reconsideration, the Department shall
notify the applicant of the time and place for a hearing.
(1)
A hearing for reconsideration shall be conducted by a hearings officer who is designated by the Director and may be an employee of the Department. The decision of the hearings officer shall be in the form of a recommendation to the Director and embodied in an administrative order. Except for an administrative consent order that was negotiated and agreed to by both parties, an administrative order is appealable in accordance with Subsection C of this section.
(2)
Where improperly or untimely submitted, the Department
may reject a request for reconsideration. The Department shall notify
the requester in writing that the request has been rejected.
(3)
Unless the date is mutually extended by both parties,
the hearing shall be conducted neither less than 10 days nor more
than 30 days after mailing of the notice. For cause and at the discretion
of the hearings officer, the hearing may be continued for a reasonable
time.
(4)
The hearing for reconsideration shall be an informal
consultation and conference where the requester in person, or by counsel,
shall present their argument, evidence, data, and proof in connection
with the issue(s) being reconsidered. The parties shall not be bound
by the Michigan Rules of Evidence. The hearing shall be transcribed
and the requester may obtain a copy of the hearing transcript, as
appropriate, from the Department or from the court reporter.
(5)
Within 30 days after the close of the hearing, the
hearings officer shall issue a final decision, which shall contain
a recommendation to the Director. The hearings officer shall send
such decision to the requester by certified mail.
(6)
Unless such action is necessary to prevent pass-through,
interference or other harm to the POTW, to the public or to the waters
of this state, the filing of a request for reconsideration in accordance
with this section shall stay the action by the Department that is
the subject of the hearing for reconsideration.
C.
Appeal. Within 30 days after receipt of a timely and
proper request for an appeal, the Department shall notify the applicant
in writing regarding the time and place for a hearing. The hearing
shall be conducted in accordance with procedures set by the Board
until rules are promulgated pursuant to the Detroit City Charter.
In addition:
(1)
Any request for an appeal must be made within 20 days
of the Department's action, determination or decision regarding the
request for reconsideration or any permit issued in accordance with
this article.
(2)
Where a request either is not filed within the time
period contained in this subsection or is improperly made, the action,
determination or decision of the Director, or the Department's authorized
representative, is final, and any right to appeal may be deemed waived.
Where untimely or improperly submitted, the Department may reject
the request for an appeal, and shall notify the requester in writing
that such request has been rejected.
(3)
The Department shall appoint a hearings officer. The
hearings officer shall review the evidence, and within 15 days after
the close of the hearing shall issue a written recommendation to uphold,
modify or reverse the action, determination, or decision of the Department.
(4)
The written recommendation of the hearings officer
shall be submitted to the Board which shall render a final decision
within 30 days of its next regularly scheduled meeting.
(5)
In accordance with applicable law, the user or the
Department may appeal any final decision of the Board to a court of
competent jurisdiction.
(6)
Unless such action is necessary to prevent pass-through,
interference, or other harm to the POTW, to the public or to the waters
of this state, the filing of a request for appeal in accordance with
this section shall stay the action by the Department that is the subject
of the appeal.
[Adopted 2-23-2004 by Ord. No. 2004-05]
This article is also known as the "Wastewater
Collection System Fee Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Any addition to an existing building, excluding an addition
to a detached single-family residence.
A sewer receiving both surface runoff and sewage.
Any new building.
Any lot or parcel of land and any building related to it.
Any existing building converted to other use or structurally altered and which requires a site plan for the City Plan Commission review and approval as described in Article III, § 770-12, Site plan review, adopted with Ordinance No. 2001-09 and as subsequently amended.
A sewer that carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
Liquid and water-carried industrial or domestic wastes of
dwellings, commercial buildings, industrial facilities and institutions,
whether treated or untreated, which are contributed to or permitted
to enter the publicly owned treatment works. Wastewater may also contain
infiltration, inflow and cooling waters.
Any premises within the boundaries of Exhibit A, B or C,
or any premises that delivers sewage or wastewater to the wastewater
collection system within the boundaries of Exhibit A, B or C.
[Amended 5-17-2004 by Ord. No. 2004-13]
Either a sanitary sewer or combined sewer either existing
or proposed to be constructed.
A.
This article applies to any development, renovation
or addition, which proposes to generate additional wastewater flow
to the existing wastewater collection system operated and maintained
by the City within the wastewater collection district on or after
the effective date of this article.
B.
Developments, renovations or additions that propose
to generate additional wastewater flow directly connected to a sanitary
sewer or combined sewer operated and maintained by the Oakland County
Drain Commissioner are exempt from this article.
C.
Developments, renovations or additions that have existing
agreements with the City before the effective date of this article,
concerning the payment of fees for the additional generation of sewage,
are also exempt from this article.
A.
There shall be paid on behalf of each premises capable
of connection to the existing wastewater collection system operated
and maintained by the City of Royal Oak, for the privilege of utilizing
the existing system within the wastewater collection district, a wastewater
collection system fee, collected by the Engineering Department, in
the amount adopted by a resolution of the City Commission times the
number of sanitary use factor units assigned to such premises, in
accordance with the following schedule:
Use
|
Sanitary Use Factor
(units)
| |
---|---|---|
Single-family residence
|
1.00 per residence
| |
Auto dealer
|
0.30 per thousand square feet
| |
Banquet hall (See fraternal organizations)
| ||
Bar (See restaurant)
| ||
Barbershop
|
0.50 per thousand square feet
| |
Beauty shop
|
1.00 per thousand square feet
| |
Boardinghouse
|
0.20 per bed
| |
Boarding school
|
0.20 per bed
| |
Bowling alley
|
0.20 per thousand square feet (bars, restaurants,
etc., at their respective factors)
| |
Car wash, do-it-yourself (coin-operated, 10
gallons or less per car)
|
1.00 per stall
| |
Car wash, mechanical (without conveyor, over
10 gallons per car)
|
10.00 per stall
| |
Car wash, conventional (with conveyor)
|
10.00 per 20 feet of conveyor
| |
Church
|
0.25 per thousand square feet
| |
Cleaner
|
1.00 per thousand square feet plus 1.50 per
press
| |
Convalescent home
|
0.25 per bed
| |
Convent
|
0.20 per bed
| |
Country club
|
1.50 per thousand square feet plus restaurant,
bar, swimming pool areas, etc., at their respective unit factors
| |
Drugstore
|
0.35 per thousand square feet
| |
Factory (exclusive of industrial waste)
|
0.75 per thousand square feet; industrial wastes
will be assigned such sanitary use factor units as shall be appropriate
in each individual instance, upon petition to the City for such assignment
and subject to the approval of the assignment by the county
| |
Fitness center (without showers and/or pool)
|
0.25 per thousand square feet
| |
Fitness center (with showers and/or pool)
|
2.30 per thousand square feet
| |
Fraternal organization
|
0.50 per thousand square feet
| |
Funeral home
|
0.50 per thousand square feet
| |
Grocery store and supermarket
|
0.80 per thousand square feet
| |
Hospital
|
1.10 per bed
| |
Hotel and motel
|
0.35 per bedroom plus restaurant, bar, swimming
pool areas, etc., at their respective unit factors
| |
Laundry (self-service)
|
0.50 per washer
| |
Multiple-family residence
|
0.75 per unit
| |
Office building (general use, not clinical)
|
0.40 per thousand square feet
| |
Office building (clinical use, including medical,
dental and veterinary)
|
0.75 per thousand square feet
| |
Public institution other than hospital
|
0.75 per thousand square feet
| |
Restaurant or bar (without liquor license)
|
1.50 per thousand square feet
| |
Restaurant or bar (with liquor license)
|
2.50 per thousand square feet
| |
Restaurant or bar (with liquor license serving
after 12:00 midnight)
|
4.00 per thousand square feet
| |
School (without shower and/or pool)
|
0.60 per classroom
| |
School (with shower and/or pool)
|
1.50 per classroom
| |
Service station
|
0.25 per pump
| |
Snack bar, dairy bar, pizzeria, etc. (without
indoor seating)
|
4.00 per thousand square feet
| |
Store (other than specifically listed)
|
0.35 per thousand square feet
| |
Swimming pool (single-family residential excluded)
|
3.00 per thousand square feet of pool area
| |
Theater
|
0.01 per seat
| |
Theater, drive-in
|
0.02 per space
| |
Trailer park
|
0.40 per trailer space
| |
Warehouse
|
0.15 per thousand square feet
| |
Unspecified uses
|
The sanitary use factor for unspecified uses
is equal to the sanitary use factor most similar in nature as determined
by the City Engineer.
|
B.
Wastewater collection system fees shall be paid in
cash upon application for a building permit or a sewer tap permit,
unless previously such charge has been paid. For developments, renovations
or additions that will generate additional wastewater flow into the
City's existing wastewater collection system, cash payment shall be
made upon issuance of the building permit or upon application for
a building permit or a sewer tap permit. The payment is for the privilege
of utilizing the finite capacity of the existing system.
A.
The total unit assignment to each premises proposing to generate additional wastewater flow shall be based on a unit factor system of computation, where single-family residences are classified as one unit and other uses are computed as multiples of units pursuant to the sanitary use factor schedule in § 740-17.
B.
The total unit assignment computed for each premises
shall be rounded off to the nearest 1/100th of a whole number. When
the sanitary use factor in the schedule refers to "square feet," it
means the gross floor area measured from the outside of wall to the
outside of wall.
C.
The gross square footage of each level of existing
and proposed building on a project development, or premises, shall
be shown on the dated cover sheet of the project plans submitted to
the City of Royal Oak Building Official for building construction
permits.
A.
The wastewater collection system fee shall be adjusted
annually at the end of each fiscal year in an amount equal to the
most recent consumer price index published by the United States Bureau
of Labor Statistics. The adjusted wastewater collection system fee
shall become effective for the following fiscal year upon adoption
of a resolution by the City Commission.
B.
The City Engineer has the discretion to review the
wastewater collection system fee and adjust the rate as necessary
with the adoption of a resolution by the City Commission.
Wastewater collection system fees collected
on behalf of each premises shall not be refunded after the issuance
of the building permit or sewer tap permit.
The City Engineer, or designee, may periodically
review usage of any premises to determine that the actual use conforms
to its unit assignment previously determined and paid for. Any use
in excess of the previous unit assignment paid for shall be computed
at the current unit rate and added to the next water bill for the
premises.
The Appeals Board of the City of Royal Oak shall
hear and decide appeals from and review any order, requirements, decisions
or determination made by the City Engineer who is charged with the
enforcement of this article; if the appellant alleges that this article
does not apply to the proposed project, this article has been improperly
interpreted by the City Engineer or the appellant desires to offer
an equal or better solution to relieving or increasing sewer capacity.
Any person or entity that fails to pay the wastewater
collection system fee is guilty of a civil infraction punishable by
fine of $500 for each day the premises is connected to the City sewer
system.