[HISTORY: Adopted by the Township Board of the Township of
Putnam as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal civil infractions — See Ch. 55.
[Adopted 8-18-1999 by Ord. No. 30 (Ch. 13 of the 2004 Township
Code)]
This article shall be known and cited as the "Multi-Lakes Sewer
Use and Sewage Disposal Chapter" and it shall be sufficient in any
action for enforcement of the provisions hereof to define the same
by such title and reference to the number hereof.
The objectives of this article are to prevent the introduction
of pollutants into the wastewater system which will interfere with
the normal operation of the system or contaminate the resulting municipal
sludge; to prevent the introduction of pollutants into the wastewater
system which do not receive adequate treatment in the POTW, and which
will pass through the system into receiving waters or the atmosphere
or otherwise be incompatible with the system; to improve the opportunity
to recycle and reclaim wastewater and sludge from the system; to provide
for equitable distribution of the cost of the wastewater system; to
protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment; to provide for the investigation
of instances of pass-through or interference, the notification of
the responsible industry, and for appropriate enforcement actions.
R323.2303(1).[1]
[1]
Editor's Note: R sections refer to the Michigan Administrative
Code.
Unless the context specifically indicates otherwise, the following
abbreviations, terms and phrases, as used in the article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control act, also known as the
Clean Water Act, as amended. 33 U.S.C. § 1251 et seq.
The Livingston County Health Department.
The Multi-Lakes Water and Sewer Authority.
An authorized representative of an industrial user who may
be:
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; or
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates or for environmental matters of the company. Authorization for this representative must be submitted in writing to the authority by the individual designated in Subsections A and B of this definition.
If the user is a federal, state, or local government facility,
then a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility or their designee shall be the authorized representative.
R323.2310(11)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20° C. expressed in terms of weight and concentration (milligrams
per liter).
Biochemical oxygen demand.
That part of the lowest horizontal piping of a drainage system
which receives discharge from drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five feet
outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
The intentional diversion of waste streams from any portion
of a user's pretreatment facility. R323.2302(e)
The National Categorical Pretreatment Standards or Pretreatment
Standard.
The Code of Federal Regulations.
A measure of oxygen-consuming capacity of inorganic and organic
matter present in water or wastewater. It is expressed as the amount
of oxygen consumed from a chemical oxidant in a specified test. It
does not differentiate between stable and unstable organic matter
and thus does not necessarily correlate with biochemical oxygen demand.
Also known as "OC" and "DOC," oxygen consumed and dichromate oxygen
consumed, respectively.
Sewer receiving both surface runoff and sewage.
An establishment listed in the Office of the Management and
Budget's "Standard Industrial Classification Manual" (SICM),
involved in a commercial enterprise, business or service that, based
on a determination by the Authority, discharges primarily segregated
domestic wastes or wastes from sanitary conveniences and which is
not a residential user or an industrial user.
A liquid or water-carried waste material from a commercial
business engaged in buying, selling, exchanging goods or engaging
in said goods or services.
A substance amenable to treatment in the wastewater treatment
plant such as biochemical oxygen demand, suspended solids, pH and
fecal coliform bacteria, plus additional pollutants identified in
the groundwater discharge permit if the publicly owned treatment works
was designed to treat such pollutants, and in fact does remove such
pollutant to a substantial degree. Examples of such additional pollutants
may include: chemical oxygen demand, total organic carbon, phosphorus,
and phosphorus compounds, nitrogen compounds, fats, oils, and greases
of animal or vegetable origin.
A series of samples taken over a specific time period whose
volume is proportional to the flow in the waste stream, which are
combined into one sample.
The water discharged from any use such as air conditioning,
cooling, or refrigeration, or to which the only pollutant added is
heat.
Charges levied to customers of the wastewater system that
are used to pay principal, interest and administrative costs of retiring
the debt incurred for construction of the wastewater system.
Any thinning or weakening of a wastewater discharge by mixing
it with water or other liquid, including any process of mixing or
diluting as a partial or complete substitute for adequate treatment
necessary to achieve compliance with applicable standards and limitations.
Dilution is prohibited unless specifically approved by the Superintendent
in writing. R323.2302(6)
The discharge of treated or untreated wastewater directly
to the waters of the state.
The U.S. Environmental Protection Agency, Administrator or
other duly authorized official.
The Environmental Protection Agency.
[Amended 5-20-2009 by Ord. No. 30-D]
A single housekeeping unit or each unit of a multi-unit structure,
which unit shall be a common unit for living and sleeping purposes
and having a separate bathroom and kitchen facility. For purpose of
connection fees and other charges based upon the design capacity of
the system, an "equivalent residential unit" shall mean a discharge
of 6,000 gallons or part thereof of water discharged to the public
sewer in any month.
For purposes of calculation of monthly maintenance and operation
charges, capital charges, debt service(s) and improvement/replacement
charges, an "equivalent residential unit" shall mean a billing unit
determined by the Authority board, which is based upon all available
information of the amount of wastewater collected, including actual
metered use of nonresidential users. The first determination is effective
as of January 1, 2008. Future determinations shall be done on three-year
intervals thereafter, the first being effective January 1, 2011. Users
who have prepaid debt service shall be given credit for the amount
of such prepayment.
Equivalent residential unit.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
Any federal, state or local government user of the wastewater
treatment works.
A sample that is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream over a period
of time of not more than 15 minutes. R323.2302(n)
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
Any pollutant that is not a compatible pollutant.
The discharge or the introduction of nondomestic pollutant
into the POTW (including holding tank waste discharged into the system).
A user of the treatment works which discharges wastewater
from industrial, manufacturing, trade or business processes or from
any structure with these characteristics, as distinct from their employee's
domestic wastes or wastes from sanitary conveniences.
The wastewater discharges from industrial, manufacturing,
trade, service, or business processes, or wastewater discharge from
any structure with these characteristics, as distinct from their employee's
domestic wastes or wastes from sanitary conveniences. Notwithstanding
other provisions in this chapter, unless specifically permitted by
action of the Authority board, no industrial wastes or process wastewater
will be permitted to be discharged to the system.
Any establishment listed in the SICM involved in a social,
charitable, religious, or educational function which discharges primarily
segregated domestic wastes or wastes from sanitary conveniences.
The inhibition or disruption of the POTW treatment processes
or operations that contributes to a violation of any requirement of
the Authority's groundwater discharge permit, reduces the efficiency
of the POTW, or prevents use or disposal of sewage sludge generated
by the POTW.
The measurements, tests, and analyses of the characteristics
of waters and wastes in accordance with the methods contained in the
latest edition at the time of any such measurement test, or analysis
of "Standard Methods for Examination of Water and Waste Water," a
joint publication of the American Public Health Association, the American
Waterworks Association and the Water Pollution Control Federation,
or in accordance with any other method prescribed by the rules and
regulations promulgated pursuant to law.
The numerical or non-numerical standards and requirements
established by the POTW in order to protect the safety and welfare
of the public and POTW workers, or to prevent pollutant interference,
inhibition or pass-through in regard to plant operations, or to comply
with state and federal regulations. R323.2302(p)
Milligrams per liter.
Any federal regulation containing pollutant discharge limits
promulgated by the EPA that applies to a specific category of industrial
users.
Any regulation developed under the Authority of 307(b) of
the Act and 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or groundwater.
Any source, the construction of which is commenced after
the adoption of this chapter.
Any building, structure, facility, or installation from which
there is or may be a discharge and for which construction commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Clean Water Act will be applicable to the source if
the standards are thereafter promulgated in accordance with Section
307(c), and if any of the following provisions apply:
The building structure, facility, or installation is constructed
at a site at which no other source is located.
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source.
The production of wastewater-generating processes of the building,
structure, facility, or installation is substantially independent
of an existing source at the same site. The extent to which the new
facility is engaged in the same general type of activity as the existing
source and the extent of integration of the new facility with the
existing plant should be considered in determining whether the process
is substantially independent.
Construction is considered to have commenced when installation or assembly of facilities/equipment has begun, significant site preparation has begun for installation or assembly, or the owner/operator has 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. Construction on a site at which an existing source is located results 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 B or C of this definition but otherwise alters, replaces, or adds to existing process or production equipment. R323.2302(r)
Wastewater which, when analyzed, shows a daily average concentration
of not more than 200 mg/l of BOD; nor 200 mg/l of suspended solids;
nor more than six mg/l of phosphorus; nor more than 40 mg/l of total
Kjeldahl nitrogen.
National Pollutant Discharge Elimination System.
Operation and maintenance.
All work, materials, equipment, utilities, and other effort
required to operate and maintain the wastewater transportation and
treatment system consistent with insuring adequate treatment of wastewater
to produce an effluent in compliance with the Authority's groundwater
discharge permit and other applicable state and federal regulations,
and including the cost of replacement.
Owners of record of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rests,
receiver, executor, trustee, lessee, or other person, firm, or corporation
in control of a building.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or its legal representatives, agents,
or assigns. The masculine gender shall include the feminine; the singular
shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
Any of various chemicals, substances, and refuse materials
such as solid waste, sewage, garbage, sewage sludge, chemical wastes,
biological materials, radioactive materials, heat, dredged spoil,
incinerator residue, filter backwash, munitions, medical wastes, rock,
sand, and industrial, municipal and agricultural wastes that impair
the purity of the water and soil. R323.2302(v)
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Publicly owned treatment works.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature 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 a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, or
process changes by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement for treating of
a waste prior to inclusion in the POTW.
Any substantive or procedural requirement for treatment of
a waste prior to inclusion in the POTW, including National Categorical
Pretreatment Standards.
Any water which, during manufacturing or processing, comes
into direct contact with, or results from the production or use of
any raw material, intermediate product, finished product, by-product
or waste product. This definition specifically excludes noncontact
cooling water, domestic wastewater, infiltration and inflow.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particles greater than 1/2 inch in any dimension.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned in this instance by the Livingston
County Department of Public Works. This definition includes any sewers
that convey wastewater to the POTW treatment plant. For the purpose
of this chapter, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the Township or outside
the sewer service area who are, by contract or agreement with the
Authority, users of the Authority's POTW.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
The replacement in whole or in part of any equipment, appurtenances
and accessories in the wastewater transportation or treatment systems
to insure continuous treatment of wastewater in accordance with the
Authority's groundwater discharge permit and other applicable
state and federal regulations.
A user of the treatment works whose premises or buildings
are used primarily as a domicile for one or more persons, including
dwelling units such as detached, semidetached, and row houses, mobile
homes, apartments, or permanent multifamily dwellings; bed-and-breakfasts,
motels, rooming houses, or other transient lodging are not included,
but are considered commercial.
A liquid or water-carried waste discharged from the sanitary
conveniences of dwellings, including but not limited to residential
homes, apartment houses and hotels, office buildings, commercial businesses
or industrial plants.
A sewer that carries sanitary sewage and to which storm,
surface, and groundwater is not to be intentionally admitted.
A substantial physical damage to property, damage to the
user's pretreatment facilities that causes them to become inoperable,
or substantial and permanent loss of natural resources that can reasonably
be expected to occur in absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating, and disposing
of sewage.
A pipe or conduit for carrying sewage.
The area defined by each Township for sewer service, which
initially is the area defined by resolution of the Putnam Township
Board, and such additional area as may be designated by the Township
in which sewer and/or water service is permitted by the Township to
be furnished from the Authority.
The sum of the applicable user charge, surcharges and debt
service charges.
"Shall" is mandatory; "may" is permissive.
Standard Industrial Classification.
A Standard Industrial Classification Manual.
Any industrial user of the Authority's wastewater disposal
system who:
Is subject to National Categorical Pretreatment Standards under 40 CFR 403 (1992) and 40 CFR Chapter 1, Subchapter N (1990);
Has a discharge flow of 25,000 gallons or more of process water
to the POTW, excluding sanitary, noncontact cooling water and boiler
blowdown wastewater per average work day;
Has a process wastestream that makes up 5% or more of the average
dry weather hydraulic or organic capacity of the POTW;
Has in its wastes toxic pollutants as defined pursuant to Section
307 of the act of Michigan statutes and rules; or
Is found by the Authority, Michigan Department of Environmental
Quality, or the U.S. Environmental Protection Agency (EPA) to have
significant impact, either singly or in combination with other contributing
industries, on the wastewater treatment system the quality of sludge,
the system's effluent quality, or air emissions generated by
the system. R323.2302(cc)
One or more of the following:
Chronic violation of wastewater discharge limit, defined here
as when 66% or more of all the measurements for a pollutant parameter
taken during a six-month period exceed by any magnitude the corresponding
daily maximum limit or the corresponding average limit;
Technical review criteria violation of wastewater discharge
limit, defined here as when 33% or more of all of the measurements
for a pollutant parameter taken during a six-month period equal or
exceed the product of the corresponding daily maximum limit multiplied
by the applicable TRC factor, or the product of the corresponding
average limit multiplied by the applicable TRC Factor (TRC Factor
= 1.4 for BOD, fats, oil and grease, and 1.2 for all other pollutants
except pH);
Any other violation of a daily maximum limit or an average limit
that the superintendent determines has alone or in combination with
other discharges caused 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, public welfare, or the environment, or has resulted
in the POTW exercising its emergency authority to halt or prevent
such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in an authority-issued discharge permit
or enforcement order for starting construction, completing construction,
or attaining final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, and/or reports on compliance with compliance schedules;
Failure to accurately report noncompliance; and
Any other violation, or group of violations that the superintendent
determines as adversely affecting operation or implementation of the
Authority's pretreatment program. R323.2302(dd)
Any substance released in a discharge at a rate and/or concentration
that causes interference to a POTW.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
State of Michigan.
A sewer that carries storm and surface waters and drainage
but excludes sewage and polluted industrial wastes.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The person designated by the Authority to supervise the operation
of the publicly owned treatment works, who is charged with certain
duties and responsibilities by this chapter, or his duly authorized
representative.
As part of the service charge, any customer discharging wastewater
having strength in excess of limits set forth by the Authority who
may be required to pay an additional charge to cover the cost of treatment
of such excess strength wastewater.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquids, and which
is removable by laboratory filtering.
The Township of Putnam, Livingston County, Michigan.
Any pollutant or combination of pollutants that is or can
potentially be harmful to public health or environment, including
those listed as toxic in regulations promulgated by the Administrator
of the Environmental Protection Agency under the provisions of CWA
307(a) or other Acts.
Wastewater that has not come into contact with any substance
used in or incidental to industrial processing operations and to which
no chemical or other substance has been added.
An exceptional incident in which there is unintentional and
temporary noncompliance with National Categorical Pretreatment Standards
because of factors beyond the reasonable control of the user. An upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper
operation. R323.2302(gg)
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
A charge levied on users of a treatment work for the cost
of operation and maintenance of sewerage works and includes the cost
of replacement.
The kind of user connected to sanitary sewers, including
but not limited to residential, industrial, commercial, institutional
and governmental.
A charge levied on properties of the sewer district from
which sewage is produced but not connected to the public sewer, within
the time limits or under the conditions as provided herein and in
accordance with the notice issued by the Superintendent. The amount
of the violation surcharge shall be equal to the monthly O&M charge,
unless provided otherwise by resolution of the Authority board.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water, and stormwater that
may be present whether treated or untreated, which is contributed
into or permitted to enter the POTW.
A channel in which a flow of water occurs, either continuously
or intermittently.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, drainage systems, and all other bodies or accumulations of
water surface or underground, natural or artificial, public or private,
which are contained within flow through, or border upon the state
or any portion thereof.
Lands characterized by the presence of water at a frequency
and duration sufficient to support, and that under normal circumstances
support, wetland vegetation or aquatic life and are commonly referred
to as "bogs," "swamps," "marshes," and "wet meadows."
A.
Discharge of sewage. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner upon public
or private property within the Sewer Service District, or in any area
under the jurisdiction of said authority, any human excrement, garbage
or other objectionable waste.
B.
Discharge within Sewer Service District. Within the Sewer Service
District, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool or other facility intended or used
for the disposal of sewage, unless specifically permitted by the applicable
county health department.
C.
Connection to public sewer. The owner of all houses, buildings, or
properties used for human occupancy, employment, recreation, or other
purposes, situated within the Township within the district defined
for sewerage service by the Authority is hereby required at his expense
to install suitable sewage facilities therein, and to connect such
facilities directly with the public sewer in accordance with the provisions
of this chapter, within 90 days after date of official notice to do
so.
(1)
The official notice described in Subsection C of this section shall be a written statement signed by the Superintendent or other designated employee of the Authority to the owner stating the date by which connection to the public sewer shall be made. The notice shall describe the house, building, or property by tax code number. The notice shall be delivered to the owner at the address set forth on the last assessment roll by regular U.S. mail deposited with fully prepaid U.S. postage affixed thereto in the U.S. mails. The notice shall be considered served for purposes of any subsequent proceedings as of the date of mailing.
(2)
The official notice shall be accompanied by a connection application form. The owner shall complete and return the application form before any work upon the building sewer or connection is commenced. All work on the building sewer and connections shall be done in accordance with § 277-5 of this article.
(3)
Upon receipt of such notice, the owner shall apply for and obtain a permit from the County Building Inspector, or such inspector's successor, under the Authority of P.A. 230 of 1972, as amended, and complete construction and inspection as required by said act, this article, Chapter 340, Zoning, of the Code of the Township of Putnam, and other applicable statutes, ordinances, and regulations.
(4)
If the owner fails to complete construction, connection and inspection
as required above, the Township or the Authority shall proceed to
enforce this chapter and other applicable statutes, ordinances, and
regulations in accordance with P.A. 368 of 1978, as amended, and all
other applicable acts, statutes, ordinances, and regulations.
A.
Connection to public sewer. No person shall uncover, make any connection
with or opening into, use, alter, or disturb any public sewer or appurtenance
thereto, or install, disconnect, remove, or repair a service connection
without first obtaining a written permit therefor from the Authority.
No building sewer shall be covered until it has been inspected and
approved as being of adequate and acceptable construction, size and
location by the Authority and/or the Livingston County Building Official
or the official's successor. The owner of building or premises,
or his authorized representative, shall be responsible, at his own
cost, for the installation, connection and maintenance of the building
sewer for such building or premises up to and including its connection
with the public sewer. The owner and, where appropriate, his authorized
representative, shall indemnify and hold the Authority and its employees,
agents and representatives free and harmless from any and all liability
or responsibility for all injury, loss or damage that may result directly
or indirectly from the installation, connection or maintenance of
the building sewer.
B.
Permit. Application for a permit to connect to the public sewer or
to install, disconnect, remove, or repair a service connection shall
be made on appropriate forms provided by the Authority. The application
shall be supplemented by such plans, specifications or other information
as the Authority shall reasonably require. The Authority board shall
establish permit and inspection fees by resolution. Such permit and
inspection fees shall be paid at the time the application is filed.
The Authority may refuse to grant a permit to connect if the Authority
shall determine the public sewer system, the sewage treatment facilities
or the treatment plant do not have adequate capacity or capability
to accommodate the proposed connection. The Authority may refuse to
grant a permit to install or repair a service connection if the Authority
shall determine that the installation or repair is not in compliance
with this article.
C.
Building sewer requirements. A separate and independent building
sewer shall be provided for each building or premises, provided where
one building or premises stands at the rear of another on an interior
lot and no private sewer is available or can be constructed to the
rear building or premises through an adjoining alley, court, yard
or driveway, the building sewer from the front building or premises
may be extended to the rear building or premises.
D.
Old building sewers. An existing building sewer may be used in connection
with a new building and premises only where it is found, on inspection
by the Authority, to be of adequate construction, size, and location.
E.
Specifications. The building sewer shall be constructed of pipe with
gasketed or solvent-welded joints, Schedule 40 PVC, or as approved
by the Superintendent. The Authority reserves the right to specify
and require the encasement of any sewer pipe with concrete, or the
installation of the sewer pipe in concrete cradle if foundation and
construction are such as to warrant such protection in the opinion
of the Superintendent. The size and slope of the building sewer shall
be subject to approval by the Superintendent, but in no event shall
the diameter be less than four inches and the slope less than 1/4
inch per foot, unless otherwise permitted. The slope of pipe, the
diameter of which is six inches or more, shall be not less than 1/8
inch per foot unless otherwise permitted.
F.
Building sewer connection. Every connection of a building sewer into
a sanitary sewer, including the sewer connection, shall conform to
the requirements of the Township and County building and plumbing
ordinances, regulations, and chapters as now enforced and as hereafter
amended, and all other applicable rules and regulations of the Authority,
the procedures set forth in appropriate specifications of the American
Society for Testing and Materials and the Water Pollution Control
Federation Manual of Practice No. 9, as amended, as well as, as may
be applicable, all requirements of the State of Michigan, County of
Livingston, and/or any governmental agency operating and maintaining
public sewers on behalf of the Authority. All such connections shall
be gastight and watertight. Any deviation from these prescribed procedures
and materials must be approved in writing by the Authority before
installation.
G.
Inspection. The applicant for a sewer connection permit shall notify
the Authority when the building sewer is ready for installation and
connection to the sanitary sewer. The connection shall be made under
the supervision of the Authority or its authorized representative.
No backfill shall be placed until the work has been inspected and
approved by the Authority.
H.
New construction. The basement floor level of all new structures
from which it is anticipated that sewage or industrial wastewaters
may emanate shall be at such level that such sewage and industrial
wastewaters can flow by gravity to any sanitary sewer or by grinder
pump to a pressure collection system. In the alternative, a pump or
other suitable device shall be installed and maintained to lift the
sewage or industrial wastewaters to a level from which they flow by
gravity to the Authority's sanitary sewer system.
I.
Excavations. All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways, and other public
property disturbed in the course of the work shall be restored to
a manner satisfactory to the Authority.
J.
Delegation. The Authority board may, by resolution that shall be
amendable and revocable at any time, delegate all or any part of the
permit, inspection, and other authority functions or responsibilities
specified in this chapter to any other governmental or private agency
operating and maintaining public sewers on behalf of the Authority.
Such resolution shall be effective only for such portion of the Authority
public sewers as are operated and maintained by such agency. Regardless
of any delegation authorized by this section, the Authority board
only shall have the Authority to refuse a permit to connect as provided
in this section.
K.
On-lot easement requirements.
(1)
Prior to the approval and issuance of a service connection permit,
the applicant will be requested to have executed by the owner(s) of
record for the premises to be connected, an easement in a form provided
by the Authority granting permission to the Authority to operate,
maintain, repair and replace the service connection to be installed
on the premises.
(a)
If the applicant provides such easement, then the Authority shall provide, at its cost, all needed repairs, operation, maintenance and replacement of the service connection in accordance with Subsection M below.
(b)
If the applicant, for any reason, declines to provide said easement, then the permit shall be issued in the discretion of the Authority, together with an appropriate bill of sale conveying from the Authority to the owner title to all components comprising the service connection. The owner shall install or cause to be installed at the owner's expense the service connection, grinder pump, electric service, pipe and all related fixtures in accordance with this article, subject to obtaining a permit, inspection, and construction by approved contractors and persons. Following installation of the service connection by the owner (which installation is subject to inspection by the Inspector in accordance with the terms of this chapter), the owner shall, at his or her expense, repair, operate, maintain and replace the service connection in accordance with Subsection M below.
(c)
An owner or his or her successor may, at any time following
the installation of a service connection on a premises for which no
easement was provided to the Authority prior to the issuance of a
permit, grant the appropriate easement to the Authority. The Authority
shall accept said easement and assume the responsibility for repair,
operation, maintenance and replacement, provided that the Inspector
has inspected the service connection and is satisfied that the service
connection is in good working order, reasonable wear and tear excepted.
(d)
In the event such inspection reveals that the service connection
has been properly maintained or that the condition of the service
connection has deteriorated beyond reasonable wear and tear, the Authority
may condition its acceptance of the easement and assumption of the
financial responsibility for operation, maintenance and repair and
replacement of the service connection upon:
(2)
The acceptance of the easement by the Authority shall be accompanied
by an executed bill of sale by the owner conveying the service connection
to the Authority.
(3)
Subsection L of this section shall not apply to any premises for which the installation of the service connection was made by a contractor engaged by the Authority or the county pursuant to the contract or any future supplement or amendment thereto, it being the assumption in these circumstances that the owner had granted an appropriate easement prior to said installation.
L.
Authority's responsibility for repairs, operation and maintenance.
The cost of all repairs, installation, operation, maintenance and
replacement of the public sewer, as well as each service connection
for which the owner has granted an easement to the Authority, shall
be borne by the Authority as part of the Authority's budgeted
annual expense of the system subject to the right of the Authority
to impose a connection fee.
M.
Owner's responsibility for repairs, operation and maintenance.
The cost of all repairs, installation, operation, maintenance and
replacements of existing building sewers and their connection to the
public sewer shall be borne by the owner. If the owner has not granted
an easement to the Authority to maintain the service connection, then
the cost of all repairs, installation, operation, maintenance and
replacement of the service connection shall also be borne by the owner,
subject to the right of the Authority to impose a connection fee.
N.
Contractor requirements. Any person desiring to construct a building
sewer or uncover, make any connection with or opening into, use, alter
or disturb any public sewer or appurtenances thereof, must register
with the Authority. The registration shall be issued on a calendar-year
basis.
O.
Installation of service connection by authority. All service connections
shall be made by agents authorized by the Authority or contractors
approved by the Authority.
P.
Wetlands. It shall be unlawful for any person to conduct regulated
activities in any wetland area within the Sewer Service District without
a permit from the Michigan Department of Natural Resources for regulated
wetlands or a review and approval by the Township at the time of issuing
a zoning permit for nonregulated wetlands.
Q.
Wetland regulations. Activities that may be regulated in a wetland
under this section include the following, but are not limited to:
(1)
Depositing or permitting the depositing of any material, including
but not limited to hazardous chemicals, nonbiodegradable aquatic pesticides
and herbicides, and harmful fertilizers:
(2)
Dredging, removing, or permitting the dredging or removal of material
or minerals;
(3)
Erecting or building any structure, including but not limited to
buildings, roadways, bridges of any type, tennis courts, paving, utility,
or private poles, or towers;
(4)
Constructing, operating, or maintaining any land use or development;
(5)
Constructing, placing, enlarging, extending, or removing any temporary,
seasonal, or permanent operation or structure upon wetlands, except
seasonal docks, rafts, diving platforms, and other water recreational
devices;
(6)
Constructing, extending, enlarging, or connecting any conduit, pipe,
culvert, or open or closed drainage facility carrying stormwater runoff
from any site, within a wetlands area, or any other land use permitting
discharge of silt, sediment, organic, or inorganic material, chemicals,
fertilizers, flammable liquids, or other polluting substances except
in accordance with requirements of county, state, and federal agencies;
(7)
Activities by a governmental entity relating to the construction,
maintenance or repair of a public highway, street, roadway, sewer
system, drainage system, or water main facility are exempt from the
requirements of these regulations, except as required by state law.
R.
Demolition of existing buildings. The owner of an existing building
to which a sewer connection has been made shall obtain a permit from
the Authority to disconnect the building from the sewer connection
and the sewer connection from the Authority's system before demolition
or removal of the building, and cause the disconnection and related
construction to be inspected by the Authority in accordance with this
article.
A.
Any industry or structure discharging process flow to the sanitary
sewer, storm sewer or receiving stream within the Sewer Service District
shall file the material listed below with the Superintendent. Any
industry that does not normally discharge to the sanitary sewer, storm
sewer or receiving stream, but has the potential to do so from accidental
spills or similar circumstances, shall also file the material listed
below. The Superintendent may require each person who applies for
or receives sewer service, or who through the nature of an enterprise,
creates a potential environmental problem within the Sewer Service
District, to file the material listed below on a disclosure form prescribed
by the Authority:
(1)
Name, address and location (if different from the address);
(2)
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 277-2 of this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with the procedures and methods detailed in:
(a)
"Standard Methods for the Examination of Water and Wastewater,"
American Public Health Association, current edition;
(b)
"Manual of Methods for Chemical Analysis of Water and Wastes,"
United States Environmental Protection Agency, current edition; and
(c)
"Annual Book of Standards, Part 131, Water, Atmospheric Analysis,"
American Society of Testing Materials, current edition.
(4)
Time and duration of contribution;
(5)
Average daily wastewater flow rates, including daily, monthly, and
seasonal variations, if any;
(6)
Industries identified as significant industries or those required
by the Authority must submit site plans, floor plans, mechanical and
plumbing plans and details to show all sewers, sewer connections,
and appurtenances by the size, location, and elevation;
(7)
Description of activities, facilities and plant processes on the
premises, including all materials which are or could be discharged;
(8)
Where known, the nature and concentration of any pollutants in the
discharge which are limited by any authority, state, or federal pretreatment
standard, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis, and if not, whether
additional operation and maintenance and/or additional pretreatment
is required by the industrial user to meet applicable pretreatment
standards;
(9)
If additional pretreatment and/or O&M will be required to meet
the pretreatment standards; the shortest schedule by which the user
will provide additional pretreatment. The completion date in this
schedule shall not be later than the compliance date established for
the applicable pretreatment standard. The following conditions shall
apply to this schedule:
(a)
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 additional pretreatment required
for the user to meet the applicable pretreatment standards;
(c)
For existing users, no increment referred to in Subsection A(9)(a) shall exceed nine months. For new sources, all pollution control equipment required to meet applicable pretreatment standards shall be installed and in operating condition before beginning to discharge; and
(d)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Superintendent including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Superintendent.
(10)
Each product produced by type, amount, process, or processes
and rate of production;
(11)
Type and amount of raw materials processed, average, and maximum
per day;
(12)
Number and type of employees, hours of operation of plant, and
proposed actual hours of operation of pretreatment system;
(13)
Any other information as may be deemed by the Authority to be
necessary to evaluate the impact of the discharge on the POTW;
(14)
The disclosure form shall be signed by a principal executive
officer of the user and a qualified engineer;
(15)
The Authority will evaluate the complete disclosure form and
data furnished and may require additional information. Within 90 days
after full evaluation and acceptance of the data furnished, the Authority
shall notify the user of the acceptance thereof.
B.
Wastewater discharges shall be expressly subject to all provisions
of this chapter and all other applicable regulations, user charges,
and fees established by the Authority. The Authority may:
(1)
Set unit charges or a schedule of user charges and fees for the wastewater
to be discharged to the POTW;
(2)
Limit the average and maximum wastewater constituents and characteristics;
(3)
Limit the average and maximum rate and time of discharge or make
requirements for flow regulations and equalization;
(4)
Require the installation and maintenance of inspection and sampling
facilities;
(5)
Establish specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types, and standards
for tests and reporting schedule;
(6)
Require submission of technical reports or discharge reports;
(7)
Require the maintaining, retaining and furnishing of plant records
relating to wastewater discharge as specified by the Authority, and
affording authority access thereto, and copying thereof;
(8)
Require prompt notification of the Authority in advance of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system, including all of the following,
if applicable:
(9)
Require notification of slug discharges;
(10)
Require other conditions as deemed appropriate by the Authority
to ensure compliance with this chapter;
(11)
Require waste treatment facilities, process facilities, waste
streams, or other potential waste problems to be placed under the
specific supervision and control of persons who have been certified
by an appropriate state agency as properly qualified to supervise
such facilities;
(12)
Require records and file reports to be maintained on the final
disposal of specific liquids, solids, sludges, oils, radioactive materials,
solvents, or other wastes;
(13)
Establish compliance schedules;
(14)
Convert concentration based National Categorical Pretreatment
Standards to equivalent mass-based or production based pretreatment
requirements;
(15)
Control through permit, order, or similar means, the contribution
to the POTW by each user to ensure compliance with applicable National
Categorical Pretreatment Standards or Pretreatment Requirements. The
control mechanism may limit duration to a maximum of five years, require
nontransferability without appropriate prior notification, set effluent
limits, establish monitoring and reporting requirements, contain a
statement of applicable penalties for violations, a provision for
the modification of the control mechanism by the Superintendent in
the event of revised NPDES permit conditions, water quality standards,
categorical pretreatment standards, or industrial pretreatment program
objectives, and a provision for the issuance, revocation, suspension,
or modification of a control mechanism based on user's compliance
with categorical pretreatment standards or with this article;
(16)
Adjust National Categorical Pretreatment Standards to reflect
the presence of pollutants in a user's intake water; applicable
pretreatment standards shall be installed and in operating condition
before beginning to discharge;
(17)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Superintendent including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than nine months elapse between such progress reports to the Superintendent;
(18)
Each product produced by type, amount, process or processes
and rate of production;
(19)
Type and amount of raw materials processed, average and maximum
per day;
(20)
Number and type of employees, hours of operation of plant and
proposed actual hours of operation of pretreatment system;
(21)
Any other information as may be deemed by the Authority to be
necessary to evaluate the impact of the discharge on the POTW;
(22)
The disclosure form shall be signed by a principal executive
officer of the user and a qualified engineer;
(23)
The Authority will evaluate complete disclosure form and data
furnished and may require additional information. Within 90 days after
full evaluation and acceptance of the data furnished, the Authority
shall notify the user of the acceptance thereof.
C.
Wastewater discharges shall be expressly subject to all provisions
of this chapter and all other applicable regulations, user charges
and fees established by the Authority. The Authority may:
(1)
Set unit charges or a schedule of user charges and fees for the wastewater
to be discharged to the POTW;
(2)
Limit the average and maximum wastewater constituents and characteristics;
(3)
Limit the average and maximum rate and time of discharge or make
requirements for flow regulations and equalization;
(4)
Require the installation and maintenance of inspection and sampling
facilities;
(5)
Establish specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(6)
Require submission of technical reports or discharge reports;
(7)
Require the maintaining, retaining and furnishing of plant records
relating to wastewater discharge as specified by the Authority, and
affording authority access thereto, and copying thereof;
(8)
Require prompt notification of the Authority in advance of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system, including all of the following,
if applicable:
(9)
Require notification of slug discharges;
(10)
Require other conditions as deemed appropriate by the Authority
to ensure compliance with this article;
(11)
Require waste treatment facilities, process facilities, waste
streams, or other potential waste problems to be placed under the
specific supervision and control of persons who have been certified
by an appropriate state agency as properly qualified to supervise
such facilities;
(12)
Require records and file reports to be maintained on the final
disposal of specific liquids, solids, sludge, oils, radioactive materials,
solvents, or other wastes;
(13)
Establish compliance schedules;
(14)
Convert concentration based National Categorical Pretreatment
Standards to equivalent mass-based or production based pretreatment
requirements;
(15)
Control through permit, order, or similar means, the contribution
to the POTW by each user to ensure compliance with applicable National
Categorical Pretreatment Standards or pretreatment requirements. The
control mechanism may limit duration to a maximum of five years, require
nontransferability without appropriate prior notification, set effluent
limits, establish monitoring and reporting requirements, contain a
statement of applicable penalties for violations, a provision for
the modification of the control mechanism by the Superintendent in
the event of revised NPDES permit conditions, water quality standards,
categorical pretreatment standards, or industrial pretreatment program
objectives, and a provision for the issuance, revocation, suspension,
or modification of a control mechanism based on user's compliance
with categorical pretreatment standards or with this article;
(16)
Adjust National Categorical Pretreatment Standards to reflect
the presence of pollutants in a user's intake water.
D.
Baseline and compliance reports.
(1)
Within 180 days after promulgation or revision of a National Categorical
Pretreatment Standard, all existing affected industrial users must
submit to the Superintendent the information specified by R323.2310(2),
Subdivisions a through g.
(2)
At least 90 days prior to commencement of discharge, new sources
and sources that become affected industrial users subsequent to the
promulgation of an applicable National Categorical Pretreatment Standard,
shall submit to the Superintendent the information specified by R323.2310(2),
Subdivisions a. through e. New sources shall also include in this
report information on the method of pretreatment they intend to use
to meet the applicable pretreatment standard and shall give estimates
of the required information regarding flow and pollutant discharge.
(4)
Within 90 days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source, following
commencement of the introduction of wastewater into the POTW, any
user subject to pretreatment standards and requirements shall submit
to the Superintendent a report indicating the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by pretreatment standards and requirements and the average
and maximum daily flow for these process units in the user facility
which are limited by such pretreatment standards or requirements.
For users subject to equivalent mass or concentration-based limits
established by the Superintendent, the report shall contain a reasonable
measure of the long-term production rate. For users subject to categorical
pretreatment standards expressed per unit of production, the report
shall include the actual production during the sampling period. The
report shall state whether the applicable pretreatment standards or
requirements are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the user
into compliance with the applicable pretreatment standards or requirements.
This statement will be signed by an authorized representative of the
industrial user, and certified to by a qualified representative. R323.2310(2),
R323.2310(2)(I), R323.2310(3)
E.
Any user or new source discharging into the POTW shall submit to the Superintendent during the months of June and December, unless required more frequently in pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent that are limited by such pretreatment standards or this chapter. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Subsection A(5). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(1)
The Superintendent may impose mass limitations on users that are
using dilution to meet applicable pretreatment standards or requirements,
or in other cases in which the imposition of mass limitations is appropriate.
In such cases, the report required by this subsection shall also indicate
the mass of pollutants regulated by pretreatment standards in the
effluent of the user.
(2)
If a user is subject to reporting requirements required to demonstrate
continued compliance and monitors any pollutant more frequently than
required by the Authority, using standard laboratory procedures, the
results of this additional monitoring shall also be included in the
periodic compliance report.
(3)
If sampling performed by a user indicates a violation, the user shall
notify the Superintendent within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and submit the
results of reanalysis within 30 days after becoming aware of the violation,
except when the Superintendent will be performing scheduled surveillance
sampling/analysis within this thirty-day period.
(4)
Reports required by this article shall be based upon data obtained
through appropriate sampling and analysis performed during the period
covered by the report, which data is representative of conditions
occurring during the reporting period. R323.2310(4), (6)
F.
The Authority may require to be provided and operated, at the user's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises, but the Authority may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles. There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of samples
for analysis. The facility, sampling, and measuring equipment shall
be maintained at all times in a safe and proper operating condition
at the expense of the user. Whether constructed on public or private
property, the sampling and monitoring facilities shall be provided
in accordance with plans and specifications submitted to and approved
by the Authority and all applicable local construction standards and
specifications. Construction shall be completed within 90 days following
written notification by the Authority.
G.
The Authority shall inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Authority or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination, records
copying or in the performance of any of their duties. The Authority,
Michigan Department of Natural Resources and EPA shall have the right
to set up on the user's property such devices as are necessary
to conduct sampling inspection, compliance monitoring, and/or metering
operations. Where a user has security measures in force which would
require proper identification and clearance before entry into their
premises, the user shall make necessary arrangements with their security
guards so that upon presentation of suitable identification, personnel
from the Authority, Michigan Department of Environmental Quality,
and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
H.
Notwithstanding other provisions in this chapter, unless specifically
permitted by action of the Authority board, no industrial wastes or
process wastewater will be permitted to be discharged to the system.
Industrial users shall provide necessary wastewater treatment as required
to comply with this chapter and shall achieve compliance with all
pretreatment standards within the time limitations as required by
the Authority. Any facilities required to pretreat wastewater to a
level acceptable to the Authority shall be provided, operated, and
maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted
to the Authority for review, and shall be approved by the Authority
before construction of the facility. The review of such plans and
operating procedures will in no way relieve the user from the responsibility
of modifying the facility as necessary to produce an effluent acceptable
to the Authority under the provisions of this chapter. Any subsequent
change in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the Authority prior to the user's
initiation of the changes. All records relating to compliance with
pretreatment standards shall be made available to officials of the
EPA or Michigan Department of Natural Resources upon request.
I.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Authority that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user. When requested by the
person furnishing a report, the portion of a report which might disclose
trade secrets or secret processes shall not be made available for
inspection by the public but shall be made available upon written
request to governmental agencies for uses related to this chapter.
The groundwater discharge permit, or the pretreatment programs; provided,
however, that such portions of a report shall be available for use
by the state or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater
constituents and characteristics will not be recognized as confidential
information.
J.
Information accepted by the Authority as confidential shall not be
transmitted to any governmental agency or to the general public by
the Authority until and unless a ten-day notification is given to
the user. Notwithstanding the above, any Federal and State Freedom
of Information and Privacy Act shall regulate the release of all information.
K.
All users shall notify the Superintendent, the EPA Regional Waste
Management Division Director, and the State Hazardous Waste Authority
in writing of any discharge into the POTW of a substance which would
be a hazardous waste under 40 CFR 261 if disposed via other means.
Notification details, as well as allowable exemptions, shall be in
accordance with 40 CFR 403.12(p). In the case of any new regulations
under Section 3001 of RCRA identifying additional characteristics
of hazardous waste or listing any additional substance as a hazardous
waste, the user must provide notification of the discharge of such
substance within 90 days of the effective date of such regulations.
In the case of any notification of hazardous waste discharges, the
user shall further certify that it has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the degree
it has determined to be economically practical. R323.2310(15)
L.
Certification of reports.
(1)
All reports required by this section shall be signed by the authorized
representative of industrial user and include the following certification
statement:
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"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 fine and imprisonment for
knowing violations."
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(2)
If the authorized representative of industrial user changes because
a different individual has responsibility for the overall operation
of the facility or for environmental matters of the company, a new
authorization satisfying these requirements for authorized representative
of industrial user must be submitted to the Authority prior to or
together with any reports to be signed by that representative. R8323.2310(11)
A.
Where a public sewer is not available, the building sewer shall be
connected to an approved private sewage disposal system.
B.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times at no expense to the
Authority.
C.
At such time as a public sewer becomes available to a property served
by a private sewage disposal system, a direct connection shall be
made to the public sewer in compliance with this chapter, and any
septic tanks, cesspools, and similar private sewage disposal facilities
shall be abandoned in a manner approved by the County Health Department.
D.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by any other
agency having legal jurisdiction.
A.
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW, whether or not the user is subject
to any other national, state, or local pretreatment standards or requirements.
A user may not contribute industrial waste or wastewater containing
the following substances to any POTW:
(1)
Any liquids, solids, or gases which by reason of their nature and
quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to: grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt
residues, residues from refining, or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 6.0 or greater than 9.5, or
wastewater having any other corrosive property capable of causing
damage or hazard to structure, equipment or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of the POTW, or exceed the limitation set forth in a categorical pretreatment
standard. This prohibition of toxic pollutants will conform to Section
304(a) of the act.
(5)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are sufficient to create
a public nuisance or hazard to life, or are sufficient to prevent
entry into the sewers for maintenance and repair, including pollutants
which result in the presence of toxic gases, vapors, or fumes within
the POTW in a quantity that may cause acute worker health and safety
problems. R323.2303/2g
(6)
Any substance that may cause the effluent or any other product of
the POTW such as residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process.
(7)
Any substance that will cause the POTW to violate its NPDES permit
or the receiving water quality standards.
(8)
Any wastewater with objectionable color not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
(9)
Any wastewater having a temperature which will inhibit biological
activity in the POTW resulting in interference, but in no case wastewater
with a temperature at the introduction into the POTW which exceeds
40° C. (104° F.).
(10)
Any pollutants, including, oxygen demanding pollutants (BOD,
etc.) released at a flow rate and/or pollutant concentration that
will cause interference to the POTW.
(11)
Any wastewater containing any radioactive wastes or isotopes
of such half life or concentration as may exceed limits established
by the Superintendent in compliance with applicable state or federal
regulations.
(12)
Any wastewater that causes a hazard to human life or creates
a public nuisance.
(13)
Any unpolluted water, including but not limited to stormwater,
groundwater, roof water, or noncontact cooling water.
(14)
Any waters or wastes containing suspended solids or any constituent
of such character and quantity that unusual attention or expense is
required to handle such materials at the sewage treatment plant.
(15)
Any sludge, precipitate, or congealed substances resulting from
an industrial or commercial process, or resulting from the pretreatment
of wastewater or air pollutants.
(16)
Any pumpage from holding tanks or septic tanks.
(17)
Any waste from individual sewage disposal systems except at the POTW, as provided in § 277-15, except that waste from any individual sewage disposal system may be disposed of directly into a sanitary sewer upon entering into an agreement with the Superintendent, which agreement shall specify the site of disposal, sewage disposal charge, and such other conditions as may be required to satisfy appropriate sanitation and health requirements. For the purpose of this subsection, "individual sewage disposal system" is defined to include every means of disposing of industrial, commercial, household, domestic, or other water-carried sanitary waste or sewage other than a public sanitary sewer.
(18)
Any trucked or hauled wastewater, except as specifically authorized
by the Superintendent.
(19)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
R323.2303(2)(h), R323.2303(2)(f)
B.
Discharge pollutant limitations.
(1)
Unless specifically authorized by the Superintendent, no discharge
wastewater shall contain in excess of the following:
[Amended 11-18-2009 by Ord. No. 30-E]
(2)
Should the above concentrations, either individually or in combination
with one another, interfere with the sewage treatment process, or
cause difficulties or damage to the receiving waters, the maximum
concentrations of these substances will be reduced by order of the
Superintendent.
(3)
Should any other substances, either individually or in combination
with other substances, interfere with the sewage treatment process
or cause damage to the receiving waters or affect the sanitary or
storm sewer system, the allowable concentration of these substances
will be reduced by order of the Superintendent. Should the Superintendent
determine that the above limits can be raised without damage to the
sewer system or the sewage plant exceeding the state or federal limits,
then the Superintendent may raise the limits, and shall determine
the individual concentrations depending on quantity of flow, equipment
capabilities, reliability of testing, etc.
(4)
If any waters are discharged or are proposed to be discharged to
the public sewers, which waters contain the substances or possess
the characteristics enumerated above, and which in the judgment of
the Superintendent may have a deleterious effect upon the sewage works,
processes, equipment, or receiving waters, or which otherwise create
a hazard to life or constitute a public nuisance, the Superintendent
may respond as follows:
(a)
Reject the wastes;
(b)
Require pretreatment to the level defined as "normal domestic
sewage";
(c)
Require control over the quantities and rates of discharge;
(d)
Require payment to cover the added cost of handling and treating
the wastes not covered using taxes or sewer charges;
(e)
Require new industrial customers or industries with significant
changes in strength or flow to submit prior information to the Authority
concerning the proposed flows.
(5)
If the Superintendent permits the pretreatment or equalization or
waste flows, the design and installation of the plant and equipment
shall be subject to the review and approval of the Authority and shall
be subject to the requirements of all applicable codes, regulations
and laws. R323.2303(4)(b)
C.
The Authority reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 277-2 of this article.
(1)
Upon the promulgation of the National Categorical Pretreatment Standards
for a particular subcategory, the pretreatment standard, if more stringent
than limitations imposed under this article for sources in that subcategory,
shall immediately supersede the limitations imposed under this article
and shall be considered part of this article. The Superintendent shall
notify all affected users of the applicable reporting requirements.
(2)
Existing users subject to new National Categorical Pretreatment Standards
shall achieve compliance within three years of the date the standard
is promulgated, unless a shorter compliance schedule is specified
in the standard. New sources subject to National Categorical Pretreatment
Standards shall install, have in operating condition, and have started
up all pretreatment equipment required to achieve compliance before
beginning to discharge; and shall meet all applicable pretreatment
standards within the shortest feasible time, but not to exceed 90
days after beginning to discharge. R323.2311(1)
D.
No user shall discharge or cause to be discharged any stormwater,
surface water, groundwater, water from footing drains, heating or
cooling water, water from gutters, downspouts, geothermal water, or
roof water to any sanitary sewer or sewer connection. Any premises
connected to a storm sewer shall comply with county, state, and federal
requirements as well as those of the Authority.
E.
Stormwater, groundwater, and all other unpolluted drainage shall
be discharged to surface watercourses or to such sewers as are specifically
designed as storm sewers. Discharge of cooling water or unpolluted
process water to a natural outlet shall be approved only by the Department
of Environmental Quality.
F.
Grease, oil, and sand interceptors shall be provided when in the
opinion of the Superintendent they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts or any flammable
wastes, sand, and other harmful ingredients: except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be located as to be readily and easily accessible
for cleaning and inspection. Grease and oil interceptors shall be
constructed of impervious material capable of withstanding abrupt
and extreme changes in temperature. They shall be of substantial construction,
watertight and equipped with easily removable covers, which, when
bolted in place, shall be gastight and watertight.
G.
Where installed, all grease, oil, and sand interceptors shall be
maintained by the owner, at his expense, in continuously efficient
operation at all times.
H.
Where necessary in the opinion of the Authority, the owner shall
provide, at his expense, such preliminary treatment as may be necessary
to reduce the five-day BOD, suspended solids, phosphorus, and total
inorganic nitrogen to the concentrations given below; or to reduce
objectionable characteristics of constituents to within the maximum
limits provided for herein, or control the quantities and rates of
discharge of such waters or wastes.
(1)
Five-day BOD greater than 200 parts per million by weight.
(2)
Containing no more than 200 parts per million by weight of suspended
solids.
(3)
Containing no more than six parts per million by weight of phosphorus.
(4)
Containing no more than 40 parts per million by weight of total inorganic
nitrogen.
I.
Where the strength of sewage from an industrial, commercial, or institutional
establishment exceeds: 200 parts per million of biochemical oxygen
demand; or 200 parts per million by weight of suspended solids; or
six parts per million by weight of phosphorus; or 40 parts per million
by weight of total inorganic nitrogen, and where such wastes are permitted
to be discharged to the sewer system by the Authority, an added charge,
as noted below, will be made against such establishment according
to the strength of such wastes when so required by the Authority.
The strength of such wastes shall be determined by composite samples
taken over a sufficient period of time to insure a representative
sample. The cost of taking and making the first of these samples shall
be borne by the Authority. The cost of any subsequent sampling and
testing shall be borne by the industry or establishment, whether owner
or lessee. Tests shall be made by an independent laboratory or at
the Authority wastewater treatment plant. Added charges shall be determined
by the Authority. These charges shall be based on the cost of operation,
maintenance, and equipment replacement for the sewage works.
J.
All measurements, tests and analyses of the characteristics of water to which reference is made in Subsections A and H of this section, shall be determined in accordance with the latest edition at the time of "Standard Methods for Examination of Water and Sewage" and shall be determined at the control manhole or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
K.
No user shall ever increase the use of process water or in any way
attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the pretreatment standards, or in any other pollutant-specific
limitation developed by the Authority or state.
L.
Where required, a user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this chapter.
Facilities to prevent accidental discharge or prohibited materials
shall be provided and maintained at the owner's or user's
own cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Authority
for review, and shall be approved by the Authority before construction
of the facility. All required users shall complete such a plan within
180 days after the adoption of this chapter and prior to connection
to the POTW. If required by the Authority, a user who commences contribution
to the POTW after the effective date of this chapter shall not be
permitted to introduce pollutants into the system until accidental
discharge procedures have been approved by the Authority. Review and
approval of such plans and operating procedures shall not relieve
the industrial user from the responsibility to modify the user's
facility as necessary to meet the requirements of this chapter. In
the case of an accidental discharge, it is the responsibility of the
user to immediately telephone and notify the POTW of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
(1)
Written notice. Within five days following an accidental discharge,
the user shall submit to the Superintendent a detailed written report
describing the cause of the discharge and the measures to be taken
by the user to prevent similar future occurrences. Such notification
shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW,
fish kills, groundwater contamination or any other damage to person
or property; nor shall such notification relieve the user of any fines,
civil penalties, or other liability which may be imposed by this chapter
or other applicable law.
(2)
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
of whom to call in the event of a dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
M.
Combined wastestreams.
(1)
COMBINED TREATMENT FACILITY
COMBINED WASTESTREAM
REGULATED WASTESTREAM
WASTESTREAM
The following definitions apply to the terms used in this section:
The equipment and processes used to reduce the mass or concentration
of pollutants in a combined wastestream before discharge to the sanitary
sewer system.
Any combination of regulated streams and wastestreams not
subject to a categorical pretreatment standard.
Wastewater from a particular process that is subject to a
categorical pretreatment standard.
Wastewater from a particular process.
(2)
When a regulated wastestream is mixed before treatment with other
wastewaters, the Superintendent may calculate alternative limits for
the combined wastestream using one or both of the following equations,
as applicable:
|
Ci
|
=
|
Categorical pretreatment standard concentration limit for a
pollutant in regulated wastestream below.
| |||
|
CT
|
=
|
Alternative concentration limit for the combined wastestream.
| |||
|
Mi
|
=
|
The categorical pretreatment standard mass limit for a pollutant
in regulated wastestream (a)(i) below.
| |||
|
MT
|
=
|
Alternative mass limit for the pollutant in the combined wastestream.
| |||
|
N
|
=
|
Total number of regulated wastestreams.
| |||
|
Fi
|
=
|
Average daily flow over at least 30 days of the regulated wastestream
to the extent that it is regulated for the pollutant.
| |||
|
FT
|
=
|
The average daily flow over at least 30 days through the combined
treatment facility.
| |||
|
FD
|
=
|
The average daily flow over at least 30 days from the following:
| |||
|
a)
|
Boiler blowdown, non-contact cooling water, stormwater, and
demineralizer backwash, except that the Superintendent may exclude
a stream listed if the user has requested the change in classification
and provided data (engineering data, production data, monitoring results,
or other information) demonstrating that the wastestream contains
a significant amount of a pollutant and the combination of the wastestream
before treatment with regulated streams will result in a substantial
reduction of that pollutant;
| ||||
|
b)
|
Domestic wastewater; or
| ||||
|
c)
|
Regulated wastestreams that the Superintendent exempts from
categorical pretreatment standards for one or more of the following
reasons:
| ||||
|
i)
|
The pollutants of concern are not detectable in the effluent
from the user;
| ||||
|
ii)
|
The pollutants of concern are presently only in trace amounts
and are neither causing nor likely to cause toxic effects;
| ||||
|
iii)
|
The pollutants of concern are present in quantities too small
to be effectively reduced by established treatment technologies; or
| ||||
|
iv)
|
The wastestream contains only pollutants that are compatible
with the sanitary sewer system.
| ||||
(3)
Alternative limits.
(a)
When deriving alternative limits, the Superintendent may calculate
both a daily maximum limit and a monthly average limit, where applicable
in the categorical pretreatment standard.
(b)
The user shall comply with the alternative limits until the
Superintendent modifies the limits.
(c)
The user shall immediately report to the Superintendent any
significant changes in the values used to calculate the alternative
limits. Necessary changes to the alternative limits will be made within
30 days after such changes are reported.
(d)
The Superintendent may impose alternative discharge limits determined
by best professional judgment when determined that the calculation
of the alternative discharge limits according to this section is not
practicable.
(e)
When necessary to ensure that neither dilution nor mixing is
used instead of treatment to achieve compliance with the applicable
limits, the Superintendent may require segregated treatment of wastestreams
or other measures. R323.2311(7)
N.
Upset provision.
(1)
An upset shall constitute an affirmative defense by users in unintentional
and temporary noncompliance with applicable National Categorical Pretreatment
Standards or pretreatment requirements, provided it can be proved
that:
(a)
An upset occurred and the user can identify the cause(s) of
the upset;
(b)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
(c)
The user submitted the following information to the Superintendent
within 24 hours of becoming aware of the upset:
[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;
[4]
The upset did not create a fire or explosion hazard in the POTW,
cause corrosive structural damage to the POTW, or result in the presence
of toxic vapors, gases, or fumes within the publicly owned treatment
works in a quantity that may cause worker health or safety problems.
(2)
If the above information is provided orally, a written submission
must be provided to the Superintendent within five days of the oral
notification.
(3)
In any enforcement proceedings, the user seeking to establish the
occurrence of an upset shall have the burden of proof. R323.2315
O.
Bypass provision.
(1)
Bypass producing a discharge which violates applicable National Categorical
Pretreatment Standards or pretreatment requirements is prohibited,
and the Superintendent may take enforcement action against a user
for such 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 wastes,
or maintenance during normal periods of equipment downtime (except
where adequate backup equipment should have been installed in the
exercise of reasonable engineering judgment to operate during normal
periods of equipment downtime or preventive maintenance); and
(c)
The user submitted required notices.
(2)
If the user knows in advance of the need for bypass, a prior notice
shall be submitted to the Superintendent at least 10 days before the
date of the bypass. The Superintendent may approve or disapprove this
anticipated bypass, after considering its adverse effects.
(3)
A user shall submit oral notice of an unanticipated bypass that exceeds
applicable pretreatment requirements to the Superintendent within
24 hours from the time the user becomes aware of the bypass. Unless
waived by the Superintendent, a written submission shall then be provided
within five days of the time the user becomes aware of the bypass.
The written submission shall contain a description of the bypass and
its cause; the duration 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. R323.2316
P.
No statement contained in this section shall be construed as preventing
any special agreement or arrangement between the Authority and any
person, firm or corporation whereby waste of unusual strength or character
may be accepted by the Superintendent, subject to payment thereof
by the person, firm or corporation, provided such waste will not damage
the sanitary sewer or storm sewer or sewage treatment plant or the
receiving waters.
All nondomestic users subject to this article shall retain and
preserve for no less than three years, all documents (including records,
books, memoranda, reports, correspondence, and any and all summaries
thereto) relating to monitoring, sampling and chemical analyses made
by or on behalf of the user in connection with its discharge. All
documents that pertain to matters that are the subject of an Administrative
Order or any other enforcement activities of the Authority shall be
retained and preserved by the user until all corresponding activities
have concluded and all associated appeal periods have expired. R323.2310(14)
If the Board shall authorize the expansion of sewer service
to additional lands, such lands shall be included in the district.
All costs of extension of the sewer to new lands shall be paid by
the owners of the additional lands, including the costs of expansion
of the treatment plant, trunk lines, distribution lines, engineering
costs, financial costs, and costs of construction and inspections.
No person without authorization shall enter or maliciously,
willfully, or negligently break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance, or equipment which is
a part of the municipal sewage works.
[Added 2-21-2007 by Ord. No. 30-1]
No person shall place, construct or erect on any building, structure,
foundation, or construction over into, under, or across any easement
or right-of-way owned by the Authority, or place or maintain any trees,
shrubs, or other vegetation which interferes with the use and operation
of the easement and facilities placed therein.
[Added 2-21-2007 by Ord. No. 30-1]
No person shall do any act which interferes with the Authority's
right to enter and reenter its easements or rights-of-way and to clear
and keep clear the easement or right-of-way area from any building,
structure, foundation, or construction, and from any interfering trees,
shrubs, and other vegetation.
The Superintendent or the Authority's other duly authorized
employees or representatives acting as the Superintendent's duly
authorized agent, bearing proper credentials and identification, shall
be permitted to enter upon such properties as may be necessary for
the purposes of inspection, observation, measurement, sampling, and
testing in accordance with provisions of this chapter.
A.
Waste from individual sewage systems may be accepted with permission of the Superintendent at the wastewater treatment plant. No waters or wastes described in § 277-8A of this articleshall be disposed of at the wastewater treatment plant.
B.
Rates for disposal at the wastewater treatment plant shall be determined
by the Authority and paid at the time of acceptance.
C.
If any user violates any other provision of this chapter, federal
or state pretreatment requirements, or any order of the Township or
the Authority, the Township may commence an action for appropriate
legal and/or equitable relief in court.
D.
If in the opinion of the Superintendent there is a clear and present
danger to persons or property, including imminent damage to the POTW
system, caused or about to be caused by a sewer connection, the Superintendent
is authorized to take all steps necessary to immediately sever the
sewer connection from the POTW system, notwithstanding any other provision
of this chapter. The Superintendent shall state the reason for the
immediate severance of the sewer connection in writing and deliver
by personal service, if possible, and by mail to the user, the Livingston
County Department of Public Works, and the Authority board, a copy
of said statement. Such statement shall constitute a certification
of a clear and present danger and/or imminent damage to the POTW system.
If time and circumstances do not allow for the service of said notice,
then the severance shall take place prior to or without such notice.
The Superintendent's decision to immediately sever a sewer connection
shall be effective until and unless restrained by order of the Authority
board or a court of competent jurisdiction.
The Authority will not be responsible for interruptions of services
due to natural calamities, equipment failures, or actions of the system
users. It shall be the responsibility of the user that all connected
equipment remain in good working order so as not to cause disruption
of service of any sewer or treatment plant equipment.
A.
Administrative remedies in general.
(1)
The Superintendent may suspend wastewater treatment services to any
user when such suspension is necessary, in the opinion of the Superintendent,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of persons or the environment, causes or may cause interference
to the POTW, or causes or may cause the POTW to violate any condition
of its discharge permit.
(2)
The Superintendent may revoke, suspend, or terminate the wastewater
discharge permit of any user which:
(a)
Fails to accurately report the wastewater constituents and characteristics
of its discharge;
(b)
Fails to report significant changes in wastewater constituents or
characteristics;
(c)
Refuses reasonable access to the user's premises by representatives
of the Authority for the purpose of inspection or monitoring; or
(d)
Violates the conditions of this article or any final judicial order
entered with respect thereto.
(3)
A user shall have an affirmative defense in any action brought against
it alleging the introduction of a pollutant causing interference at
the POTW, pass-through at the POTW, or a violation of specific provisions
of this article if it can be demonstrated that both of the following
occurred:
(a)
It did not know or have reason to know that its discharge, alone
or in conjunction with a discharge or discharges from other sources,
would cause pass-through, interference, or a violation of specific
provisions of this article; and
(b)
A local limit was in effect for the pollutant that caused pass-through
or interference, and the user was in compliance with this local limit
directly before and during the pass-through or interference; or a
local limit was not in effect for the pollutant that caused the pass-through
or interference, and the user's discharge directly before and
during the pass-through or interference did not change substantially
in nature or constituents from the prior discharge activity.
B.
Administrative notices and orders.
(1)
When it is determined that a user has violated any provision of this
article, industrial waste permit or order issued hereunder, or other
pretreatment standard or requirement, the Superintendent will issue
a notice of violation to formally document the noncompliance. This
document will specify the nature of the violation, establish a date
by which the violation shall be corrected, and notify the affected
user that failure to correct the violation would constitute a further
violation which may result in additional enforcement action. The notice
of violation will be sent via first-class mail or be personally served
on an authorized representative of the user. Receipt or non-receipt
of a notice of violation shall in no way relieve the affected user
of any and all liability associated with the violation. Issuance of
a notice of violation will not be a bar against, or a prerequisite
for, any other enforcement actions by the Authority against the affected
user.
(2)
When it is determined that a user has violated any provision of this
article, industrial waste permit or order issued hereunder, or other
pretreatment standard or requirement, the Superintendent may issue
an administrative order to show cause requiring the affected user
to appear at a hearing to demonstrate why escalated enforcement action
should not be pursued. This document will specify the nature of the
violation, establish the time and place for the hearing, and notify
the affected user that failure to comply would constitute a violation
of this article that may result in additional enforcement action.
The order to show cause will be issued at least 10 days prior to the
hearing, and will be sent via certified mail/return receipt requested
or personally served on an authorized representative of the user.
Receipt or non-receipt of an order to show cause shall in no way relieve
the affected user of any and all liability associated with the violation.
Issuance of an order to show cause or conducting of the show cause
hearing will not be a bar against, or a prerequisite for, any other
enforcement actions by the Authority against the affected user.
(3)
When the Authority and an affected user agree to a violation and
to the remedial solution, the Superintendent may issue an Order of
Consent or similar document to formally establish such agreement,
specify the nature of the violation, and require actions (such as
compliance schedules, stipulated fines, additional self-monitoring,
and improvements to treatment facilities or management practices designed
to control the user's discharge to the sewer). The Order of Consent
will be sent via certified mail/return receipt requested, or personally
served on an authorized representative of the user, and will require
signatures of representatives from both the Authority and the affected
user. This order shall have the same force and effect as other administrative
orders issued by the Authority pursuant to this article, shall be
judicially enforceable, and shall not modify the requirements or extend
the deadline for compliance established by a pretreatment standard
or requirement. Receipt, or nonreceipt, of an Order of Consent or
similar document shall in no way relieve the affected user of any
and all liability associated with the violation. Issuance of a Consent
Order or similar document will not be a bar against, or a prerequisite
for, any other enforcement actions by the Authority against the affected
user.
(4)
When the Authority and affected user do not agree to the violation
or to the remedial solution, the Superintendent may issue an order
to achieve compliance to formally specify the nature of the violation
and establish required actions (such as compliance schedules, stipulated
fines, additional self monitoring, and improvements to treatment facilities
or management practices designed to control the user's discharge
to the sewer). The order to achieve compliance will be issued unilaterally
in that terms need not be agreed to by the affected user, and will
be sent via certified mail/return receipt requested, or personally
served on an authorized representative of the user. This receipt shall
have the same force and effect as other administrative orders issued
by the Authority pursuant to this article, shall be judicially enforceable,
and shall not modify the requirements or extend the deadline for compliance
established by a pretreatment standard or requirement. Receipt or
non-receipt of an order to achieve compliance shall in no way relieve
the affected user of any and all liability associated with the violation.
Issuance of an order to achieve compliance will not be a bar against,
or a prerequisite for, any other enforcement actions by the Authority
against the affected user.
(5)
When it is determined that a user has violated and continues to violate
any provision of this article, industrial waste permit or order issued
hereunder, or other pretreatment standard or requirement, the Superintendent
and authority attorney may jointly issue a cease-and-desist order
requiring the affected user to eliminate the violation within 24 hours
or face suspension of sewer service. This document will specify the
nature of the violation and require that the violation cease. If the
violation has not been corrected within 24 hours following issuance
of the order, the Authority may suspend sewer service without further
notice until such time as the affected user is able to demonstrate
that it can comply with the discharge requirements. The cease-and-desist
order will be personally served on an authorized representative of
the user. Receipt or non-receipt of a cease-and-desist order shall
in no way relieve the affected user of any and all liability associated
with the violation. Issuance of a cease-and-desist order will not
be a bar against, or a prerequisite for, any other enforcement actions
by the Authority against the user.
(6)
Whenever it is determined that a user's discharge is in violation
of any provision of this article, industrial waste permit, or order
issued hereunder, or other pretreatment standard or requirement, and
that the violation creates or threatens to create an emergency situation
(such as damage to the sewer collection system, pass-through or interference
at the POTW, hazard to the environment, endangerment to the public
health and safety, or violation of any condition of the discharge
permit issued to the Authority), the Superintendent and authority
attorney will jointly issue an emergency cease-and-desist order notifying
the affected user to eliminate the violating discharge immediately
or face service severance via a temporary plug in its sewer connection
at any time and without further warning. This document will specify
the nature of the violation and require that the violating discharge
cease until such time as the affected user is able to demonstrate
that it can comply with the discharge requirements. This document
will also establish the time and place for a hearing where the affected
user shall present a written statement regarding the causes of the
violation and measures taken to prevent future occurrences, and further
will notify the affected user of its liability for any costs incurred
by the Authority to conduct this enforcement action. The emergency
cease-and-desist order will be personally served to an authorized
representative of the user, or may be delivered verbally via telephone
to an authorized representative of the user and then served personally.
Receipt, or non-receipt, of an emergency cease-and-desist order shall
in no way relieve the affected user of any and all liability associated
with the violation. Issuance of an emergency cease-and-desist order
will not be a bar against, or a prerequisite for, any other enforcement
actions by the Authority against the affected user.
(7)
Except for emergency situations covered under Subsection B(6), whenever it is determined that a user's continuing violation of any provision of this article, industrial waste permit, or order issued hereunder, or other pretreatment standard or requirement warrants revocation of its privilege to discharge to the POTW, the Superintendent and authority attorney will jointly issue a notice of termination to warn of the impending suspension of the sewer service up to and including severance via temporary plug in the affected user's sewer connection. This document will specify the date and the time of scheduled service suspension in order to allow the affected user to either voluntarily cease the violating discharge or arrange appropriate actions such as production shutdown or alternative means of wastewater disposal. This document will also establish the time and place for a hearing where the affected user shall present a written statement regarding the causes of the violation and measures taken to prevent future occurrences, and further will notify the affected user of its liability for any costs incurred by the Authority to conduct this enforcement action. The notice of termination will be personally served on an authorized representative of the user at least 10 days before the scheduled service suspension. Receipt or non-receipt of a notice of termination shall in no way relieve the affected user of any and all liability associated with the violation. Issuance of a notice of termination will not be a bar against, or a prerequisite for, any other enforcement actions by the Authority against the affected user.
(8)
In addition to the sanctions, orders, liabilities, and other remedies
prescribed herein, a user shall be liable to the Authority for any
and all fines, penalties, and associated legal and other costs incurred
or expended by the Authority as the result of any violation of the
Authority's discharge permit that is attributable, in whole or
in part, to the user's violation of this article, industrial
waste permit, or order issued to the user hereunder, or other pretreatment
standard or requirement.
C.
Administrative fines. When the Authority finds that a user has violated
or continues to violate any provision of this article, an industrial
waste permit or order issued hereunder, or other pretreatment standard
or requirement, an administrative fine may be assessed against the
affected user in an amount up to $500 per violation. Each day during
which the violation occurred or continues to occur may be deemed a
separate violation and, in the case of a violation of monthly or other
long-term average discharge limits, the fine may be assessed for each
day during the period of averaging. Receipt or non-receipt of an administrative
fine shall in no way relieve the affected user of any and all liability
associated with the violation. Issuance of an administrative fine
shall not be a bar against, or a prerequisite for, any other enforcement
actions by the Authority against the affected user.
D.
Rights of appeal. Except for emergency situations covered under Subsection B(6) of this section, any user desiring to dispute a notice of violation or order of the Authority, including but not limited to fines, may present a written request for reconsideration. Such a request shall be submitted to the Authority board within 10 days of first being notified of the corresponding order for all but a notice of termination, where such a request shall be submitted within five days of notification. If this request has merit in the opinion of the Authority board, the Board will convene a hearing on the matter as soon as possible to collect testimony of appropriate persons, take evidence, and render a final determination. In the event the affected user's appeal is unsuccessful, any original fine will become immediately due and the Authority may also add any additional costs incurred to administer this appeal. Further appeal of the Authority board's final determination shall be governed by applicable State law. Submittal of an appeal shall in no way relieve the affected user of any and all liability associated with the violation. An appeal will not stay the corresponding order, or limit any other enforcement proceedings by the Authority against the affected user.
E.
Judicial penalties.
(1)
When it is determined that a user has violated or continues to violate
any provision of this article, industrial waste permit, or order issued
hereunder, or other pretreatment standard or requirement, the Authority
attorney may petition the Circuit Court of this County for appropriate
legal and/or equitable relief.
(2)
Injunctive relief.
(a)
A user who has violated or continues to violate any provision
of this article, industrial waste permit or order issued hereunder,
or other pretreatment standard or requirement will be liable to issuance
of a preliminary injunction or a permanent injunction, or both, as
may be appropriate. This action will be sought to restrain or compel
activities on the part of the affected user.
(b)
A petition for injunctive relief shall in no way relieve the
affected user of any and all liability associated with the violation.
A petition for injunctive relief will not be a bar against, or a prerequisite
for, any other actions by the Authority against the affected user.
(3)
Civil penalties/civil infraction fines.
(a)
A user who has violated or continues to violate any provision
of this article, industrial waste permit or order issued hereunder,
or other pretreatment standard or requirement will be liable for a
civil penalty (civil infraction fine) of $500 per violation. Each
day during which the violation occurred or continues to occur may
be deemed a separate distinct violation and, in the case of a violation
of monthly or other long-term average discharge limits, the penalty
may be assessed for each day during the period of the averaging. The
affected user will also be liable for all costs incurred by the Authority
for associated enforcement action such as reasonable attorney's
fees, court costs, additional sampling and monitoring expenses, as
well as costs of any environmental damage and any fines imposed upon
the Authority for discharge permit violations that result in whole
or in part from the user's violation and expenses associated
with remediation of sites thereby contaminated.
(b)
A suit for civil penalties will not be a bar against, or a prerequisite
for, any other actions by the Authority against the affected user.
(4)
Criminal prosecution.
(a)
A user who has willfully or negligently violated or continues
to willfully or negligently violate any provision of this article,
industrial waste permit or order issued hereunder, or other pretreatment
standard or requirement will be liable to criminal prosecution. If
convicted, the affected user will be guilty of a misdemeanor and may
be punished by a monetary penalty of up to $500 per violation, imprisonment
for up to 90 days, or both. Each day during which the violation occurred
or continues to occur may be deemed a separate distinct violation
and, in the case of a violation of monthly or other long-term average
discharge limits, the penalty may be assessed for each day during
the period of averaging.
(b)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this article,
industrial waste permit or order issued hereunder, or pretreatment
standard or requirement will be liable to criminal prosecution. If
convicted, the affected user will be guilty of a misdemeanor and may
be punished by a monetary penalty of up to $500 per violation, imprisonment
for up to 90 days, or both. Each day during which the violation occurred
or continues to occur may be deemed a separate, distinct violation
and, in the case of a violation of monthly or other long-term average
discharge limits, the penalty may be assessed for each day during
the period of averaging.
(c)
A user who falsifies, tampers with, or knowingly renders inaccurate
any data device or test method used to monitor a discharge pursuant
to this article, industrial waste permit or order issued hereunder,
or pretreatment standard or requirement will be liable to criminal
prosecution. If convicted, the affected user will be guilty of a misdemeanor
and may be punished by a monetary penalty of up to $500 per violation,
imprisonment for up to 90 days, or both. Each day during which the
violation occurred or continues to occur may be deemed a separate
distinct violation and, in the case of a violation of monthly or other
long-term average discharge limits, the penalty may be assessed for
each day during the period of averaging.
(d)
Criminal prosecution will not be a bar against, or a prerequisite
for, any other actions by the Authority against the affected user.
R323.2306(a)(vi) and R323.2303(3)
(5)
The Authority will annually publish in the largest local newspaper
a list of all categorical users that were in significant noncompliance
with any pretreatment requirements or standards at least once during
the 12 previous months. The notification will identify the nature
of the violation and summarize any enforcement actions taken against
such users during the same 12 months. R323.2306(d)
Any person connecting to the Authority's sanitary sewer
system is prohibited from discharging water softener regeneration
water into the system and the owner shall certify on the date of connection
to the system, under penalties of perjury, that water softener regeneration
water is not discharging into said system and shall not be discharged
into said system. Water softener regeneration water shall be disposed
of in a manner allowed by law. The Superintendent shall certify on
the date of connection that each property from which water softener
regeneration water is discharged shall dispose of such water in a
manner allowed by law.
A.
The rates for total sewer service charges are to be established by
resolution of the Authority, which may be enacted apart from the published
regulations as necessary to ensure sufficiency of revenues in meeting
operation, maintenance and replacement costs, as well as debt service.
Such rates shall be fixed and revised from time to time as may be
necessary to produce these amounts. Such charges and rates shall be
made against each lot, parcel of land or premises which may have any
sewer connections to the sewer system, or which may otherwise discharge
sewage or industrial waste, either directly or indirectly, into such
system or any part thereof, whether maintained by the Authority or
the owner where an on-site easement has not been granted. Rates for
sewage services shall be reviewed annually and revised as necessary
to meet system expenses and to ensure that all user classes pay their
proportionate share of operation, maintenance, and equipment replacement
cost. An annual audit shall be prepared.
B.
Basis of charges.
(1)
The rates and charges for service furnished by such system shall
be levied on the basis of the schedule of equivalent residential units
adopted by the Authority, except as provided in this section for nonresidential
users or in cases where the character of the sewage from a manufacturing
or industrial plant, building, or premises is such that additional
burden is placed upon the system, the additional cost of treatment
created thereby shall be an additional charge over the regular rates
hereinafter set forth; or the Authority may, if it deems it advisable,
compel such manufacturing or industrial plant, building or premises,
to treat such sewage in such manner as shall be specified by the Authority
before discharging such sewage into the sewage disposal system.
(2)
The Authority may institute charges on nonresidential units based
on metered water use. Meters shall be installed to authority requirements
and remain accessible for inspection and reading by an authority representative.
All cost of installing meters on the well supply of a nonresidential
user and costs of reading, billing, and collecting monthly meter charges
shall be borne by the nonresidential user. Monthly charges shall be
based upon annualized water usage and adjusted from time to time to
reflect the actual usage and all costs of treatment and collection.
C.
The rates and fees shall include the following and be uniform for
all users within the Sewer Service District except as otherwise provided
herein:
(1)
Each user, upon application for a permit to connect to the POTW,
shall pay a sewer service application fee as established by the Authority;
(2)
Operation, maintenance, and replacement cost;
(3)
A capital charge which shall be remitted by the Authority to Washtenaw
County, the financing authority for the Project, as necessary and
as authorized by the Township Board;
(4)
A connection charge shall be established per equivalent residential
unit for each connection made to the POTW; the amount charged shall
be established from time to time hereafter by the Authority board.
A user that has been specially assessed for capital cost of the POTW,
including transport and treatment facilities, shall be deemed to have
paid the connection charge. If capacity is available in the system
and a user that has been specially assessed for capital cost of the
facility increases the number of equivalent residential units, then
the user shall pay the above connection charge for each equivalent
residential unit beyond which a connection charge has previously been
paid;
(5)
The Authority may also establish appropriate surcharges or fees to
reimburse the Authority for the additional cost of operation and maintenance
of the wastewater treatment works due to the violations of this chapter,
or surcharges for extra-strength wastewater discharged to the sewer.
The charges and fees for the services provided by the system shall
be levied upon any industrial user that may have any sewer connections
with the POTW. Such charges shall be based upon the quantity and quality
of wastewater used thereon or therein;
(6)
When, in the opinion of the Superintendent, a user may store, use,
or otherwise have on the premises bulk chemicals, cleaning agents,
or other materials that may interfere with the POTW and that may require
protection from accidental discharge, the user shall pay a fee as
established by the Authority. Said fee shall be paid at the time of
application for a permit to connect to the POTW, and shall be used
to administer this industrial pretreatment and spill prevention program;
(7)
There shall be additional charges for laboratory testing of industrial
wastewater samples. The laboratory charge shall be for the cost thereof
and will be determined for each user.
D.
No free service shall be allowed to any user of the Authority's
wastewater system.
E.
Billing for wastewater service shall be the Authority's responsibility.
F.
There shall be a late payment charge assessed against any payment
that has not been made within 10 days of the due date on the bill.
The late payment charge shall be 4% of the delinquent charges, or
the sum of $10, whichever is greater. Delinquent accounts shall be
billed once every 30 days until the delinquent account is certified
to the Assessing Officer for inclusion in the tax roll. The late payment
charge shall be assessed on each thirty-day period that an account
is delinquent. After the account is certified to the Assessing Officer,
the account, including late payment charges, shall bear interest in
the same manner and at the same rate as provided by law for taxes.
These late payment charges are declared to be reasonably related to
the additional costs incurred by the Authority in the collection of
delinquent accounts.
G.
Charges for sewage disposal service furnished to any premises within
the Sewer Service District shall be a lien against the premises. Charges
delinquent for three months or more, as of August 15 of any year,
shall be certified by the Superintendent, or other employee authorized
by the Authority board, annually, to the proper tax assessing officer
in which the premise lies. The Assessing Officer shall enter a lien
on the next Tax Roll against the premises to which the services shall
have been rendered, and the charges shall be collected and the lien
shall be enforced in the same manner as provided for the collection
of taxes assessed upon the Roll and the enforcement of the lien for
such taxes. Such charges and rates shall be collected or returned
in the same manner as other taxes are certified, assessed, collected,
and returned.
H.
All customers of the Authority's wastewater system will receive
an annual notification, either printed on the bill or enclosed in
a separate letter, which will show the breakdown of the sewer bill
into its components for operation, maintenance, replacement, and for
capital expenditures.
I.
The treasurer of the Authority shall be custodian of all moneys belonging
to, or associated with, the wastewater system, and such moneys shall
be deposited in any Michigan bank duly designated by the Authority
that is insured by the Federal Deposit Insurance Corporation. The
revenues of the system shall be set aside as collected and deposited
in separate depository accounts as herein specified.
(3)
Industrial pretreatment and spill prevention fund. Moneys collected as stipulated in Subsection C(6) of this section shall be set aside for administration and enforcement of an industrial pretreatment and spill prevention program.
(4)
Capital improvement. A Capital Improvement Fund may be established
by the Authority. The amount to be deposited shall be as stipulated
by the Authority and may be applied toward improvements to the POTW
as determined by the Authority.
(5)
Any moneys in any fund or account established by the provisions of
this chapter that are to be invested shall be in obligations of the
United States of America in the manner and subject to the limitations
provided in Act 94, Public Acts of Michigan, 1933, as amended. In
the event such investments are made, the security representing same
shall be kept on deposit with the bank or trust company having on
deposit the fund or funds from which such purchase was made. Income
received from such investments shall be credited to the fund from
which said investments were made.
(6)
Damage to grinder pumps. The grinder pumps provided by the Authority
to each property shall be used by the owner of the property in accordance
with the rules and recommendations of the Authority. If damage is
caused to the pump by reason of the use of the pump in a manner contrary
to the rules and specifications issued by the Authority, the owner
shall be charged the cost of repair, replacement or any damage to
the pump and shall be liable to the Authority for the repayment of
such costs.
A.
This article shall not be construed to abrogate rights or authority
otherwise protected by law.
B.
For the purposes of determining if there has been a taking of property
without just compensation under Michigan Law, an owner of property
who has sought and has been denied a permit, or has been made subject
to modifications or conditions in the permit under this chapter, or
whose property has been subject to regulations with respect to the
use of the property under this article, retains the right to the owner's
property, and may file an action in a court of competent jurisdiction.
C.
If the court determines that an action of the Authority or the Township
pursuant to this article constitutes a taking of the property of a
person, then the court shall order the Authority or the Township,
at the option of the Authority or the Township, as the case may be,
to do one or more of the following:
This article is adopted uniformly by the two Townships to administer
the regional sewer system and meet requirements of the EPA. A Township
proposing amendments or repeal shall submit a request for approval
to the Authority and other Township prior to enacting the same.
[Adopted 2-21-2007 by Ord. No. 39 (Ch. 13B of the 2004 Township
Code)]
A.
Putnam Township relies on individual on-site wastewater disposal
systems. Pursuant to the Natural Resources and Environmental Protection
Act, Act No. 451 of the Public Acts of 1994, as amended (Act 451),
the Michigan Department of Environmental Quality (MDEQ) is authorized
to issue permits for private community on-site sewage disposal systems
that service more than one property (referred to herein as a "community
wastewater utility system). The Township recognizes that a community
wastewater utility system may be in the best interests of the health,
safety, and welfare of the Township and the residents in some limited
circumstances. However, the Township requires assurance that if the
MDEQ issues a permit pursuant to Act 451, any community wastewater
utility system will be designed, constructed, operated, maintained,
repaired and/or replaced in a manner that best serves and protects
the health, safety, and welfare of the Township and its residents.
Furthermore, the Township requires that it shall be indemnified by
the owner and operator of the community wastewater utility system
from any costs or liability in connection with the design, construction,
operation, maintenance, repair and/or replacement of that system.
The Township also recognizes if a community wastewater utility system
fails or does not properly function or if the owner or operator of
the community wastewater utility system fails or is unable to continue
to operate the system, the extension of public sewer system to the
development and/or the provision of publicly owned treatment works
may not be possible. In such event, an adequate replacement reserve
for the community wastewater utility system (CWUS) is essential to
insure continued operation of the CWUS and the protection of the health,
welfare and safety of residents of the Township and nearby areas.
In certain circumstances, the Township may make a determination in
its sole discretion to take over the operation of the community wastewater
utility system in order to protect the health, welfare and safety
of residents of the Township. To this effect, this article is intended
to regulate community wastewater utility systems to provide those
assurances.
B.
Pursuant to Public Act 241 of 2005, amending Act 451, the Township
is not responsible for or subject to penalties or sanctions for an
unauthorized discharge from a CWUS unless the Township has accepted
responsibility in writing for the same and has also been notified
in writing by the MDEQ of such responsibility. It is the general policy
of the Township to reject assumption of liability and responsibility
for a CWUS except in the limited circumstances described in this article.
Further, pursuant to Public Act 191 of 2005 amending Act 451, the
activities of a CWUS are subject to the provisions of local zoning
and other ordinances as well as Act 451, and the construction and
operation requirements of the Federal Water Pollution Control Act
and the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321,
4331 to 4335 and 4341 to 4347.
C.
This article is enacted under the authority of the Township's
general police powers to protect the health, safety, and welfare of
its residents and under the Authority of the Natural Resources and
Environmental Protection Act. Act No. 451 of the Public Acts of 1994,
as amended.
As used in this article, the following terms shall have the
meanings indicated:
The Natural Resources and Environmental Protection Act, Act
451 of the Public Acts of 1994, as amended, MCL § 324.101
et seq.
Any permit issued by the MDEQ pursuant to the requirements
of Act 451.
All applicable laws, regulations and standards of and permits
issued by the Michigan Department of Environmental Quality (MDEQ),
the Michigan Department of Public Health (MDPH), the Livingston County
Health Department (LCHD), the Michigan Public Service Commission and
any other applicable laws and regulations of the federal government,
State of Michigan, Livingston County, and the Township which relate
or apply to the operation of public or private sewer systems.
A person or entity having an ownership or other interest
in property who proposes to construct a community wastewater utility
system on the property. The applicant may also be the CWUS owner.
For a condominium development, shall have the same definition
as "association of co-owners" as provided in the Condominium Act,
Act No. 59 of the Michigan Public Acts of 1978, as amended, meaning
the person designated in the condominium documents to administer the
condominium project. For a subdivision or other development, "association"
shall mean an association of homeowners or property owners organized
as a nonprofit corporation or organized pursuant to deed restrictions
and/or restrictive covenants in a particular development who are authorized
to govern the affairs of that subdivision or other development. An
association may also be the CWUS owner.
A facility which is owned by a nongovernmental entity and
is designed, constructed, operated, and maintained to transport, collect,
process, and treat sanitary sewage from more than one dwelling unit
or structure. The system shall include any individual septic tanks,
pumps, lines, and appurtenances serving each dwelling unit or structure
in addition to facilities, sewers, drain fields, reserve fields, approved
lift stations, lines and appurtenances that serve more than one dwelling
unit or structure.
A legal entity of perpetual duration that is responsible
for the day-to-day operation and maintenance of the CWUS and insuring
compliance with all permits and applicable laws and regulations.
A legal entity of perpetual duration that owns the facilities
and assets of the CWUS. The CWUS owner may also be the CWUS operator
if it meets all of the requirements of a CWUS operator.
The permit issued by the Township pursuant to this article.
Includes:
A subdivision as defined by the Land Division Act, Act No. 288
of the Public Acts of 1967, as amended;[1]
A condominium pursuant to the provisions of the Condominium
Act, Act No. 59 of the Public Acts of 1978, as amended;[2] or
Any group of dwellings or structures which are proposed to be
serviced by a community wastewater utility system.
The agreement described in § 277-27C(3) below.
For a condominium project, the master deed and bylaws provided
by the Condominium Act, Act No. 59 of the Public Acts of 1978, as
amended;
With regard to subdivisions or other developments, deed restrictions,
subdivision plats, development agreements and/or restrictive covenants,
including deed restrictions required by this article;
The articles of incorporation and bylaws of the association;
and
Any easements pertaining to the CWUS or as otherwise required
by this article.
Any activity whereby additional dwelling units, structures
or users shall be added to or an alteration is made of an existing
system.
The Michigan Department of Environmental Quality or its successors.
A publicly owned facility for the transportation, collection,
processing or treatment of sanitary sewer.
The owner of a fee simple interest in or a land contract
purchaser or owner of a unit in a condominium, lot or parcel of a
development which is serviced or is proposed to be serviced by a community
wastewater utility system.
The Putnam Township Livingston County, Michigan, acting through
its duly elected Township Board.
A.
Except as provided in this article, it shall be unlawful to construct,
install, or operate a community wastewater utility system within the
Township.
B.
Community wastewater utility systems shall require a special use permit from the Township Board in accordance with the procedures and standards set forth in Chapter 340, Zoning, of the Code of the Township of Putnam.
C.
Pursuant to the terms of § 277-29 of this article, the Township Board shall review and approve or deny the CWUS permit application pursuant to this article and shall authorize the issuance of a CWUS permit only after a special use permit has been approved pursuant to Chapter 340, Zoning, of the Code of the Township of Putnam, and the Board determines that the applicant has met all the standards requirements and regulations contained in this article.
The CWUS owner shall be the association, the applicant or other entity of perpetual duration approved by the Township with the capacity to own and operate the CWUS (or to contract with a CWUS operator for operation of the CWUS) for the benefit of the association and the residential owners and who meets the requirements of § 277-28B of this article. The CWUS owner shall have the capacity to and shall perform all obligations of the CWUS owner under the CWUS permit, all necessary approvals or permits issued by any other entity having jurisdiction pursuant to the applicable sewer laws, including but not limited to an Act 451 permit or other MDEQ required approval, the development agreement, the agreement with the CWUS operator, and the development documents.
The CWUS operator shall employ or contract with as a sufficient
number of individuals who have all qualifications and certifications
required under applicable sewer laws to operate the CWUS and to ensure
the availability of both regular and emergency service to the CWUS.
A.
Compliance. The design, construction, installation and operation
of the proposed community wastewater utility system shall comply with
the terms of this article and the applicable sewer laws.
B.
CWUS plans. No new community wastewater utility system or an expansion
of an existing system shall be constructed, installed, or operated
within the Township unless the plans for the construction, installation
and operation of the system have been approved by the Township, and
all other governmental authorities having jurisdiction over the construction
and maintenance of community wastewater utility systems, including
but not limited to Livingston County, the Michigan Department of Public
Health, the MDEQ and the Michigan Public Service Commission.
C.
Application requirements. The applicant shall provide the following
to the Township before approval for a community wastewater utility
system may be granted:
(1)
Engineering certification. A certification from a qualified engineer
licensed in Michigan on behalf of the CWUS owner stating that the
system as designed and constructed will adequately process wastewater
as required by all applicable sewer laws. The Township Engineer shall
review and make a recommendation regarding the adequacy of such certification.
(2)
Operating agreement.
(a)
An executed CWUS operating agreement between the applicant,
CWUS owner, the CWUS operator and/or association containing provisions
for:
[1]
Inspection, monitoring operation, maintenance, repair, construction,
retention and replacement of the system;
[2]
The imposition and collection of charges and assessments for
connection to, and use, operation, maintenance, repair, construction,
retention and replacement of the system;
[3]
Compliance with all applicable sewer laws, including but not
limited to this article, and agreements regarding the CWUS; and
[4]
Establishment of financial reserves for the operation, maintenance,
repair, construction, retention and other capital expenses.
(b)
The CWUS operating agreement must include a provision that the
agreement may not be terminated so long as the system is serving the
Development, except that the CWUS operating agreement may be assigned
to another CWUS operator in accordance with the applicable sewer laws
and upon prior written approval of the Township. The CWUS operating
agreement shall provide that it may not be terminated, amended, renewed
or substituted without Township written approval. The Township Attorney
and Township Engineer shall review and make a recommendation regarding
the adequacy of such an agreement or any amendment thereto. A proposed
CWUS operating agreement must be submitted with the application for
the CWUS permit.
(3)
Development agreement. An executed development agreement between
the applicant, CWUS owner, the association, and the Township in a
form acceptable to the Township. The development agreement shall:
(a)
Responsibility. Provide that the applicant, CWUS owner, and/or
association are jointly and severally responsible for the operation,
inspection, monitoring, maintenance, repair, construction, retention
and replacement of the system and retaining a CWUS operator.
(b)
Standards. Specify standards for inspection, monitoring, operation,
maintenance, repair, construction, retention and/or replacement of
the system in accordance with the applicable sewer laws and the guidelines
recommended by the system manufacturer and the CWUS operator. The
applicant will provide the proposed standards to the Township for
review and approval and such standards shall be included in the development
documents.
(c)
Indemnification. Require indemnification of the Township, including
a duty to defend, by the applicant, CWUS owner, and association, jointly
and severally, from any and all costs, expenses and liability incurred
by the Township with respect to the community wastewater treatment
utility system, including but not limited to the inspection, operation,
maintenance, repair, construction, retention and replacement of all
or a part of the system. All costs shall be paid to the Township with
30 days of receipt of the Township's invoice.
(d)
Insurance. Require that the applicant, CWUS owner, CWUS operator
and association shall provide a policy of casualty insurance for the
replacement value of the insurable components of the system and comprehensive
general liability insurance with limits acceptable to the Township,
naming the Township as an additional insured, and shall provide the
Township with a copy of the policy each year. All insurance policies
shall be issued by an insurer registered/licensed to issue insurance
in Michigan and with an A.M. Best rating acceptable to the Township.
No policy of such insurance shall be cancelled or permitted to lapse
without 30 days advance written notice to the Township and without
securing similar coverage.
(e)
Environmental contamination insurance. Unless waived by the
Township, a statement acknowledging that the applicant, owner and
or association shall provide a policy of liability insurance for sudden
and accidental environmental contamination with limits of a minimum
of $5,000,000, naming the Township as an additional insured and providing
coverage for claims discovered within three years after the term of
the policy at a minimum. The Township shall be provided with a copy
of this policy each year.
(f)
Public sewer connection. Grant the Township authority, at its
sole discretion, to require that the CWUS be abandoned and all properties
in the development be connected at the expense of the association
and residential owners to any public sanitary sewer system which may
be constructed in the future and be accessible and available to the
development.
(g)
Right to purchase. Grant the Township the right and option to
purchase in its sole discretion for the sum of $1:
[1]
Marketable title to the CWUS and any lands, equipment, fixtures,
appurtenances and easements required to be titled in the name of the
Township by governmental or regulatory requirements; and
[2]
All CWUS warranties, all reasonably deemed by the Township to be
necessary in conjunction with the Township's assumption of responsibility
for the community wastewater utility system or future publicly owned
community sewer system.
(h)
Vegetation. Provide that the Township in its sole discretion
may remove all trees, shrubs, brush, vegetation or other similar impediments
that may interfere with the operation of the community wastewater
utility system.
(i)
Special assessment. Consent to the creation of a special assessment district to be established as described in Subsection I below.
(j)
Township option to assume ownership.
[1]
Grant the Township the right, but not the obligation, to take
over ownership and operation of the CWUS in the event that the CWUS
owner:
[a]
Becomes insolvent or goes into bankruptcy or receivership;
[b]
Fails to maintain the required operating, maintenance
and capital reserves required by this article within six months after
written notice from the Township that the reserves do not meet ordinance
requirements;
[c]
Is unable, unwilling or fails for any reason to
operate the CWUS in full compliance with applicable sewer laws where
failure to meet such requirements in six successive months or in more
than eight months in a twelve-month period shall be conclusively determined
to be an inability to comply with applicable sewer laws.
[2]
In the event that the Township assumes ownership of the CWUS,
the Township shall hold and operate the CWUS for the benefit of the
association and residential owners. The Township may transfer the
facilities, assets and reserves of the CWUS to a new CWUS owner on
the condition that such facilities, assets or reserves be used solely
for providing sewer services to the residential owners.
(k)
Inspection. Grant the Township the right to inspect any part
of the community wastewater utility system for compliance with the
development agreement and all applicable sewer laws.
(l)
Jurisdiction and venue; injunctive relief. Consent to personal
jurisdiction and venue in Livingston County or U.S. District Court
for the Eastern District of Michigan agreeing that money damages cannot
make the Township whole for damages arising out of the breach of the
development agreement, and agreeing to injunctive remedies in any
action brought by the Township to enforce the development agreement
or enforce compliance with applicable sewer laws.
(n)
Educational materials. Require the applicant, the CWUS owner
and the association to provide each residential owner on a regular
basis no less than annually with educational materials and recommended
guidelines on the proper disposal of household wastes. Information
concerning such educational materials and recommended guidelines shall
be included in the disclosure documents pertaining to the development.
(4)
Disclosure documentation. The provisions of the development agreement referenced in Subsection C(3) above and other obligations of the association and residential owners as set forth in this article shall be included in a separate disclosure document and referred to in the deed conveying any portion of the development to a residential owner and in the development documents that shall run with the land, in form approved by the Township Attorney and in a separate recordable document for all forms of development, and be delivered to the prospective purchaser of a lot, unit or parcel prior to the execution of a purchase agreement for property proposed to be serviced by a community wastewater utility system.
(5)
Easements. A permanent and irrevocable easement, in recordable form,
shall be granted by the applicant, CWUS owner and/or association to
the Township and its employees, agents, and assigns authorizing them
to enter on the development and the property upon which the system
is located for the purpose of inspections and any other purpose authorized
under this article. The property on which the system is located shall
be maintained so it is accessible at all times, prohibiting any structures
or landscaping within such area that would unreasonably interfere
with such access.
(6)
Location. Each community wastewater utility system shall be a general
common element of a condominium in which it is located, or part of
common areas of any other development. The system shall be inspected,
monitored, operated, maintained, repaired, retained and replaced by
the CWUS owner or association with the right of the CWUS owner or
association to assess the residential owners for all such costs.
(7)
Reserves. Each CWUS owner shall maintain a reserve sufficient for
five years of monitoring, inspection, operation, maintenance, retention
and repair of the system and an adequate replacement reserve in the
amounts certified by a design engineer or the CWUS operator and required
by the applicable governmental entities and shall be subject to Township
review and approval. The CWUS operator and the association shall provide
the Township with evidence of the reserves annually.
(8)
Articles and bylaws. A copy of the articles of incorporation and
bylaws of the association.
(9)
Restrictions and master deeds. A copy of the form of the restrictive
covenant/deed restrictions/or master deed imposing upon residential
owners the obligation to pay for all capital and operating costs and
reserves associated with the community wastewater utility system.
(10)
Operator qualification. Evidence satisfactory to the Township Board that the CWUS operator meets the requirements of § 277-26 of this article.
(11)
Owner qualifications. Evidence satisfactory to the Township that the CWUS owner has the qualifications to own the CWUS and meets the requirements of § 277-25 of this article.
(12)
Warranties. The CWUS application shall include copies of all
manufacturers and contractors warranties for the CWUS which shall
be assignable to the CWUS owner, the association, the residential
owners and the Township (in the event the Township, in its sole discretion,
assumes ownership of the CWUS).
D.
Building permits. No building permit shall be used for any structure
or dwelling unit proposed to be serviced by a community wastewater
utility system until the Township Board has approved a CWUS permit
application for such system in accordance with terms and provision
of this article.
E.
Inspections. The Township shall inspect the system during construction
and after construction is completed by an independent engineer or
consultant to ensure proper construction and installation of the system.
All underground installations must be inspected prior to covering
with the as-built measurements provided to the Township. The as-built
drawing shall be submitted to the Township immediately after construction
is completed. Annually, the Township may inspect the system to insure
compliance with this article. The applicant or CWUS owner shall reimburse
the Township for the expense of such engineers or consultants. The
Township shall not issue a CWUS permit until the Township has certified
that the CWUS has been constructed according to the approved plans
and specifications.
F.
Township not responsible. Anything in this article to contrary notwithstanding, the Township shall not be responsible or obligated to perform any needed or desired repairs, maintenance, improvement, and/or replacement of the system or any portion thereof except in the event the Township, in its sole discretion, determines to take over ownership of the CWUS pursuant to Subsection C(3)(g) or (j) above. The applicant shall acknowledge and the development documents shall provide an acknowledgment that the Township has rejected assumption of liability for the CWUS.
G.
Annual reports. The CWUS owner, CWUS operator and/or association
shall furnish periodic operating and maintenance reports, including
any audits, in accordance with the maintenance requirements and schedule.
Any such requirements shall be made a part of the development documents.
H.
Recording documents amendments. After the Township's approval,
the development documents and the development agreement shall be recorded
at the office of the Livingston County Register of Deeds prior to
the first sale of any unit, lot or parcel served by a community wastewater
utility system. After approval by the Township, the development documents,
as they pertain to the system, shall not be amended without Township
approval. The development documents shall contain language to that
effect.
I.
Special assessment district. Prior to recording the development documents
and sale of any unit, lot or parcel served by a community wastewater
utility system, the applicant shall circulate or initiate a petition
for the Township to establish a special assessment district for the
development, the purpose of which shall be to provide for assessment
of the units, lots or parcels in each development by the Township
for the costs of construction, improvement and maintenance, of the
community wastewater utility system or any other purposes authorized
by law in the event the association shall fail to properly perform
such work or in the event the Township takes control of the community
wastewater utility system. If the applicant or CWUS owner petitions
for a district under the Township Public Improvement Act, Public Act
188 of 1954,[1] the record owners as defined by Act 188 of property benefited
by the community wastewater utility system shall execute a petition
legally sufficient for the establishment of a special assessment district,
using petition forms acceptable to the Township, in order to allow
for financing the construction, improvement, and maintenance of the
community wastewater utility system. If the applicant determines to
proceed to create a special assessment district under a different
statute than Act 188, such as the Drain Code, the applicant shall
circulate or initiate a petition meeting the standards of that statute.
[1]
Editor's Note: See MCLA § 41.721 et seq.
J.
Responsibility for costs. The association, CWUS owner, residential
owners and the applicant shall be jointly and severally responsible
for all costs involved in the installation, operation, maintenance,
repair, replacement of equipment and facilities and liability associated
with the system. These costs include but are not limited to any costs,
including legal fees, incurred by the Township in connection with
the compliance and enforcement of any provision of this article and
any costs incurred by the Township while exercising any right, duty
or obligation set forth any provision of this article. These costs
shall be immediately reimbursed to the Township upon receipt of such
invoice. The Township may, at its option, elect to collect all costs
including legal fees it may incur in connection with the system pursuant
to the other provisions of this article, or by direct court action
against the association, CWUS owner and residential owners, and applicant.
A.
The CWUS owner shall not transfer, convey or assign any facilities
or assets of the community wastewater utility system required for
the ongoing operation of the community wastewater utility system in
compliance with this article and applicable sewer laws, except as
provided in this section.
B.
The CWUS owner shall not transfer, conveyor assign the facilities
and assets of the community wastewater utility system without:
(1)
Approval of the Township Board;
(2)
A demonstration that the entity seeking to become the new CWUS owner
meets all requirements of a CWUS owner under this article and can
fulfill all duties and obligations of a CWUS owner under the CWUS
permit, all necessary approvals or permits issued by any other entity
having jurisdiction pursuant to the applicable sewer laws, including
but not limited to an Act 451 permit, the development agreement, the
development documents, and the agreement with the CWUS operator;
(3)
Demonstration that the new CWUS owner has established or has the
right to receive a transfer of all required operating, maintenance
and capital reserves; and
(4)
Agreement by the new CWUS owner to undertake all obligations imposed
on a CWUS owner under this article, the agreement with the CWUS operator,
the development agreement and the development documents.
C.
Transfer of ownership of the community wastewater utility system
by a CWUS owner shall not relieve such owner from civil or criminal
liabilities arising under this article or any applicable sewer laws
nor from the obligation to comply with any court-ordered injunctive
relief related to obtaining or enforcing compliance with this article
or applicable sewer laws that accrue or arise prior to the date of
Township Board approval of the transfer.
A.
No community wastewater utility system may be constructed, installed
or operated within the Township without a CWUS permit.
B.
Township Board approval of the community wastewater utility system permit pursuant to this article and Chapter 340, Zoning, of the Code of the Township of Putnam, shall serve as the permit to construct and install the community wastewater utility system, which permit shall not become effective until the community wastewater utility system has received all necessary approvals by any other entity having jurisdiction pursuant to the applicable sewer laws, including but not limited to an Act 451 permit. The CWUS permit shall be effective only after the Act 451 permit has been issued, and thereafter for an initial period of no longer than the Act 451 permit and shall remain in effect only so long as a valid Act 451 permit is in effect.
C.
The CWUS owner shall annually submit the following information to
the Township:
(1)
The name of the CWUS operator and a copy of the current contract
between the CWUS owner and CWUS operator, and current copies of all
required certifications for individuals operating the community wastewater
utility system.
(2)
Proof that the CWUS owner and CWUS operator meet the insurance and
other requirements under this article.
(3)
A certification with supporting documentation from a financial institution
that the required operating, maintenance and capital reserves are
maintained.
(4)
The operating budget for the community wastewater utility system
together with a schedule of all user fees and charges.
(5)
A certification from a licensed professional engineer licensed in
Michigan with expertise in wastewater systems that:
(a)
Sets forth the maintenance, repair and replacement needs or
recommendations for the community wastewater utility system for the
twelve-month period coinciding with the upcoming permit year, together
with an estimate of likely associated expenses; and
(b)
States without exception or reservation that the condition of
the community wastewater utility system, together with operating budget
and the satisfaction of the maintenance, repair and replacements needs,
is such that the community wastewater utility system is capable of
meeting all applicable requirements for the operation of the CWUS.
(6)
Copies of all approvals and permits required by the applicable sewer
laws.
D.
The CWUS owner shall notify the Township of any and all violations
of the applicable sewer laws, including but not limited to all Act
451 permit requirements.
E.
The Township may attach reasonable conditions to the CWUS permit
to ensure compliance with the provisions of this article.
F.
The CWUS permit shall be deemed rescinded and canceled without further
action of the Township in the event that any necessary approvals or
permits issued by any other entity having jurisdiction pursuant to
the applicable sewer laws, including but not limited to the Act 451
permit, lapses, expires without renewal, is revoked by the entity
having jurisdiction or otherwise ceases to be in effect.
G.
The CWUS shall be inspected annually by an independent engineer or
consultant hired by the Township at the expense of the CWUS owner
to certify system conditions, capacity or function.
H.
The Township, in its sole discretion, may require an audit of the
books and records of the CWUS at the expense of the CWUS owner as
part of the process of the annual inspection of the CWUS.
I.
The Township Supervisor, or his or her designee, shall be responsible
for monitoring compliance with this article.
Applications for community wastewater utility systems approval
under this article shall be accompanied by a nonrefundable administrative
application fee in an amount specified from time to time by resolution
of the Putnam Township Board. In addition, an applicant shall pay
an additional escrow fee in an amount determined by resolution of
the Putnam Township Board for the estimated cost of outside consultant(s)
who may be retained by the Township in connection with the review
and approval of the application. In the event the cost of the services
of the consultant(s) is less than the escrow fee, the applicant shall
be refunded the balance. In the event the cost of the services of
the consultant(s) exceeds the amount of the escrow fee, the applicant
shall pay the deficiency to the Township prior to the issuance of
a CWUS permit. A denial of an application for a permit shall not affect
the applicant's obligation to pay the escrow fee provided for
in this section.
A.
Enforcement. The Enforcement Officer or his/her agent, officer or
employee shall have authority under this article to enter upon privately
owned land for the purpose of performing the Township's duties
under this article and may take or cause to be made such examinations,
surveys or samplings as are deemed necessary for the enforcement of
this article.
B.
Civil remedies. The provisions of this article shall be enforceable
through any and all remedies at law or in equity in any court of competent
jurisdiction.
(1)
Injunction. Any activity conducted in violation of this article is
declared to be a nuisance, and the Township may commence a civil suit
in any court of competent jurisdiction for an order abating or enjoining
the violation, and/or requiring restoration of the property as nearly
as possible to its condition before the violation.
(2)
Stop-work order. The Township may also issue a stop-work order or
withhold issuance of permits or inspections until the provisions of
this article, including any conditions attached to a permit, have
been fully met. Failure to obey a stop-work order shall constitute
a violation of this article.
