City of Holland, MI
Ottawa County
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Table of Contents
Table of Contents
[Ord. No. 1323, 12-5-2001;[1] Ord. No. 1516, 9-3-2008]
The following rules of construction shall apply to the text of this chapter.
(a) 
The particular shall control the general.
(b) 
Except with respect to the definitions which follow in Section 29-3, the headings which title a chapter, section or subsection are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
(c) 
The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
(d) 
Unless the context clearly indicates to the contrary:
(1) 
Words used in the present tense shall include the future tense;
(2) 
Words used in the singular number shall include the plural number; and
(3) 
Words used in the plural number shall include the singular number.
(e) 
Words imparting masculine gender shall apply to feminine and also to firms, companies, associations, partnerships, joint ventures, corporations, joint stock companies, trusts, estates, governmental entities and any other legal entities or any combination thereof.
[1]
Editor's Note: This ordinance also amended and reinstated Ch. 29 in its entirety. Former Ch. 29 was adopted 5-3-1995 by Ord. No. 1143, as amended 5-1-1996 by Ord. No. 1170; 3-24-1999 by Ord. No. 1247; 10-3-2001 by Ord. No. 1317; and 11-7-2001 by Ord. No. 1322.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008; amended 12-4-2019 by Ord. No. 1776]
The following abbreviations shall have the designated meanings:
ASTM - American Society for Testing and Materials.
BOD - Biochemical Oxygen Demand.
CFR - Code of Federal Regulations.
COD - Chemical Oxygen Demand.
U.S. EPA - United States Environmental Protection Agency.
l - Liter.
mg - Milligrams.
mg/l - Milligrams per liter.
NIOSH - National Institute for Occupational Safety and Health
NPDES - National Pollutant Discharge Elimination System.
POTW - Publicly Owned Treatment Works.
SIC - Standard Industrial Classification.
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901 et. seq.
TSS - Total Suspended Solids.
USC - United States Code.
WEF - Water Environment Federation.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008; amended 12-4-2019 by Ord. No. 1776]
For the purpose of their use in this chapter, the following terms and phrases are hereinafter defined. Any word or phrase not defined herein shall be considered to be defined in accordance with its common or standard definition.
40 CFR PART 403
The general pretreatment regulations outlined at 40 Code of Federal Regulations Part 403.
ACT 368
The Michigan Public Health Code (Act 368 of 1978) MCLA §§ 333.1101 to 333.25211.
ACT or THE ACT
The Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. § 1251 et. seq.
ADMINISTRATIVE COMMITTEE
The committee established pursuant to the "contract."
(a) 
In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
(b) 
In the case of a partnership or proprietorship, a general partner or proprietor; and
(c) 
An authorized representative of the individual designated above if:
(1) 
Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
(2) 
The authorization is in writing; and
(3) 
The written authorization is submitted to the control authority.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 29-49 of this chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C. (without addition of nitrification inhibitors).
BTEX
The sum of the concentration of benzene, toluene, ethylbenzene and xylene.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.
BUILDING SEWER
The extension of the building drain which begins five feet outside the inner face of the building wall and continues to the sanitary sewer or other place of disposal.
BYPASS
The intentional diversion of waste streams from any portion of an industrial user's treatment facility as outlined in 40 CFR 403.17.
CESSPOOL
An underground pit into which household sewage or other untreated liquid waste is discharged and from which the liquid seeps into the surrounding soil or is otherwise removed.
CITY
The City of Holland, acting by and through its Holland Board of Public Works unless the context of the term refers to the City of Holland as a separate entity.
COD (DENOTING CHEMICAL OXYGEN DEMAND)
The amount of oxygen required to chemically oxidize organic and inorganic constituents of wastewater as measured under standard laboratory procedures.
COD/BOD RATIO
The ratio of COD to BOD in the plant influent calculated using the average COD and BOD data as found on the state plant influent sheet.
COMBINED WASTE STREAM
The waste stream at industrial facilities where effluent from one regulated process is mixed, prior to treatment, with wastewaters other than those generated by that regulated process. Where required by federal or state law, the combined waste stream formula provided in 40 CFR Part 403 will apply to limits applicable to a combined waste stream.
COMPOSITE SAMPLE
A series of representative samples taken over a specific time period which are then combined into one sample for testing purposes.
CONTRACT
The 2017 Restated Holland Area Wastewater Treatment Facilities Operation Contract with an effective date of July 1, 2017, or any subsequent amendment made thereto.
CONTROL AUTHORITY
The City of Holland, acting through its Holland Board of Public Works or its authorized representatives.
DAILY MAXIMUM CONCENTRATION
The maximum concentration of a pollutant in any individual sample during that day.
DAILY MINIMUM CONCENTRATION
The minimum concentration of a pollutant in any individual sample during that day.
DEBT RETIREMENT CHARGE
The charge levied to users for retirement of bonded indebtedness for the POTW.
DENTAL AMALGAM
A mixture of mercury and other metals used as a dental restorative material.
DISCHARGE
Includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
DOMESTIC USER
All users of the POTW where the discharge into the system is primarily domestic waste.
DOMESTIC WASTE
A water-carried waste from, but not limited to, toilet, kitchen, laundry, bathing, or other facilities used for household purposes.
EGLE
The Michigan Department of Environment, Great Lakes and Energy or any successor governmental agency having similar regulatory jurisdiction.
ENFORCING OFFICER
The General Manager of the Holland Board of Public Works, or an authorized deputy, agent, or representative, unless stated differently in this section.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
HBPW
The Holland Board of Public Works of the City of Holland, its authorized deputy, agent, or representative.
INDUSTRIAL PROCESS
Those processes which generate the types of wastes as enumerated in Section 29-49.
INDUSTRIAL USER (IU)
Any person who introduces pollutants into a POTW from any nondomestic source regulated under the Act, state law, or local ordinance.
INDUSTRIAL WASTE
The liquid or liquid borne waste from industrial or manufacturing processes, trade or business as distinct from domestic waste.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERCEPTOR DEVICE
A device, including, but not limited to, grease traps, sand traps, oil separators, etc., designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit normal sewage or wastewater to discharge into the disposal terminal by gravity. In case of acid or caustic wastes, an interceptor is a device in which the wastes are neutralized prior to their discharge into the solid or waste system of the premises, the building drain, the building sewer, private sewer, or public sewer.
INTERFERENCE
Any discharge which alone or in conjunction with a discharge or discharges from other sources, both:
(a) 
Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and
(b) 
Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal.
MICHIGAN ADMINISTRATIVE CODE
The compilation of all adopted rules and regulations that are in effect in the State of Michigan.
MINOR INDUSTRIAL USER (MIU)
A nondomestic user designated as such by the control authority, which the control authority has determined does not meet the definition of a significant industrial user. The control authority may issue a Minor Industrial User a Wastewater Discharge Permit and require the user to conduct periodic monitoring and reporting, as deemed appropriate.
MONTHLY AVERAGE CONCENTRATION
The sum of the concentrations of the subject pollutant in all of the individual samples divided by the number of samples analyzed for that pollutant during a calendar month. If the pollutant concentration in any sample is less than the limit of detection, regard that value as zero when calculating monthly average concentration.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT STANDARD
Any regulation containing Pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317), which applies to a specific category of industrial users.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act (33 U.S.C. § 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(b) 
The building, structure, facility or installation totally replaces the process or production equipment that caused the discharge of pollutants at an existing source; or
(c) 
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered; or
(d) 
As defined in 40 CFR 403.3(m)(2) and (m)(3).
NONDOMESTIC USER
Any user, including significant industrial users, of the POTW that discharges wastes other than or in addition to water-carried domestic wastes.
NONDOMESTIC WASTE
All water-carried wastes other than domestic wastes.
NPDES or STATE DISCHARGE PERMIT
A permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. § 1342).
NUISANCE
Any condition or circumstance defined as a nuisance pursuant to Michigan Statute, at common law or in equity jurisprudence which includes, but is not limited to, any condition where sewage, industrial waste, or the effluent from any sewage disposal facility or toilet device is exposed to the surface of the ground or is permitted to drain on or to the surface of the ground into any ditch, storm sewer, lake or streams, or when the odor, appearance, or presence of this material has an obnoxious or detrimental effect on or to the senses or health of persons, or when it shall obstruct the comfortable use or sale of adjacent property, except as otherwise permitted.
OPERATION MAINTENANCE AND REPLACEMENT
All work and activities, including, but not limited to, engineering, contract preparation, purchasing, repair, supervision, recruitment, training, expediting, inspection, accounting, testing, protection, operating management, and maintenance necessary to provide adequate wastewater treatment and/or collection and/or disposal of treatment residues on a continuing basis to conform with all applicable federal, state, and local wastewater management requirements and to ensure optimum long-term management of the complete wastewater treatment system.
PASS-THROUGH
A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
PLANT
The Holland Area Water Reclamation Facility, as improved and enlarged pursuant to the contract dated as of February 1, 1978, between Ottawa County, Park Township, Holland Township, and Holland City; a contract dated as of June 13, 1978, between Allegan County, Fillmore Township, Laketown Township, and Holland City; a contract dated as of June 1, 1994, between Ottawa County, Holland City, Holland Township, Park Township, Laketown Township, Fillmore Township, and Zeeland Township; the First Amendment to the Restated Holland Area Waste Water Treatment Facilities Operations Contract dated as of December 23, 2014, between Ottawa County, Holland City, Holland Township, Park Township, Laketown Township, Fillmore Township, and Zeeland Township, and the 2017 Restated Holland Area Wastewater Facilities Operations Contract, or as subsequently expanded or enlarged.
POINT SOURCE
Any discernible confined and discrete conveyance or vessel from which pollutants are or may be discharged into a public waterway or public sewer system.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.
PRETREATMENT or TREATMENT
The reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT STANDARD or STANDARD
Any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.
PUBLIC SEWER
A sewer which is owned and/or controlled by any governmental entity which is a participant in the plant.
PUBLICLY OWNED TREATMENT WORKS (POTW)
The treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), including any devices and systems used in the monitoring, testing, storage, treatment, recycling, and reclamation of municipal sewage and industrial waste which are connected to or part of the Holland Area Water Reclamation Facility. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in Section 502(4) of the Act [33 U.S.C. § 1362(4)] which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
RECURRING OFFENSE
Two or more consecutive monitoring periods evidencing violations or a pattern of noncompliance.
REPLACEMENT COSTS
Those expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works are designed and constructed.
RESIDENTIAL USER
All noncommercial premises used only for human residency and which are connected to the POTW.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water, and groundwater are not intentionally admitted.
SEEPAGE PIT (or DRY WELL)
A cistern or underground enclosure constructed of concrete blocks, bricks, or similar material loosely laid with open joints so as to allow the septic tank overflow or effluent to be absorbed directly into the surrounding soil.
SEPTIC TANK
A watertight receptacle receiving sewage and having an inlet and outlet so designed to permit the separation of suspended solids from wastes and to permit such retained solids to undergo decomposition therein.
SEVERE PROPERTY DAMAGE
Substantial physical damage or property damage to the POTW which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
SEWAGE
The water-carried wastes from residences, business buildings, industrial establishments and/or other premises, together with such infiltration as may be present.
SEWAGE DISPOSAL SYSTEM
A privy, cesspool, seepage pit, septic tank, sub-surface disposal system, or other devices, used in the disposal of sewage or human excreta, except treatment facilities covered by an NPDES permit.
SEWER
A pipe or conduit for carrying sewage.
(a) 
Except as provided in Subsection (b) of the definition, the term "significant industrial user" means:
(1) 
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(2) 
Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or is designated as such by the control authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].
(b) 
Upon a finding that an industrial user meeting the criteria in paragraph (a)(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority [as defined in 40 CFR 403.12(a)]may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC)
Significant noncompliance has occurred in the event of any one or more of following have occurred:
(a) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including an instantaneous limit as defined in Section 29-3;
(b) 
Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including an instantaneous limit, as defined in Section 29-3 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) 
Any other violation of a pretreatment effluent limit (daily maximum, longer-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(d) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(e) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) 
Failure to accurately report noncompliance;
(h) 
Significant noncompliance for pH means:
(1) 
Any discharge whose pH is less than or equal to two or greater than or equal to 12.5 standard units.
(2) 
Those discharges in which 25% or more of all of the measurements taken during a six-month period are outside of the applicable limits for pH.
(i) 
Any other violation or group of violations, which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG DISCHARGE
Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
STATE
The State of Michigan.
STORM DRAIN or STORM SEWER
Any portion of the stormwater drainage system, including any natural outlet, which carries stormwater and surface water and drainage or unpolluted industrial process water, such as permitted by Section 29-7(b).
SUB-SURFACE DISPOSAL FIELD
A facility for the distribution of septic tank overflow or effluent below the ground surface through a line or a series of branch lines of drain tile laid with open joints to allow the overflow or effluent to be absorbed by the surrounding soil throughout the entire field.
SUPERINTENDENT
The superintendent of the Holland Area Water Reclamation Facility or the superintendent's authorized representative.
TOTAL SUSPENDED SOLIDS (TSS)
Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids.
TOXIC POLLUTANT
Any pollutant or combination of pollutants identified as toxic pursuant to Section 307(a) of the Federal Water Pollution Control Act [33 U.S.C. § 1317(a)] or other federal statutes or in regulations promulgated by the state under state law.
UNPOLLUTED PROCESS WATERS
Any noncontact cooling or noncontact processing water that is not chemically changed by its use for cooling or processing, or water free of substances that are or may be harmful to humans or wildlife or that may create or constitute a nuisance.
UPSET
An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation and as further defined in 40 CFR 403.16.
USER
Any person who contributes, causes or permits the contribution of sewage into a public sewer.
USER CHARGE
A charge levied on the users of a treatment works for the costs of operation, maintenance and replacement of the treatment works pursuant to 33 U.S.C. § 1284(b)(1), as amended.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, institutions and other facilities, whether treated or untreated.
WATERCOURSE
A channel, natural or artificial, in which a flow of water occurs either continuously or intermittently.
WATERS OF THE STATE
Includes:
(a) 
Both surface and underground waters within the boundaries of this state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sewage; and
(b) 
The floodplain free-flowing waters determined by the EGLE on the basis of one-hundred-year flood frequency; and
(c) 
Any other waters specified by state law.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
No person shall establish, replace or alter any connections with any public sewer, or cause the same to be done, unless he or she shall comply with the provisions of this chapter, the laws of the state, and all other lawful regulations.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
No person shall maliciously, willfully, or negligently break, damage, destroy, deface, or tamper with any structure, appurtenances, or equipment which is part of the POTW.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a) 
No person shall dispose of wastes in such a manner, or permit the facilities or fixtures thereof to be in such condition, as shall be dangerous to public health.
(b) 
It shall be unlawful for any person to place, deposit or permit to be deposited in any manner upon public or private property within the City of Holland, or in any area under its jurisdiction, any human or animal excrement, garbage, or any substances that possess the characteristics described in Section 29-49 which constitute a nuisance unless specifically permitted by law, or which may constitute a hazard to the public health.
(c) 
It shall be unlawful for any person to discharge any waste into the POTW through a connection that has not been authorized pursuant to this chapter or directly into a public sewer without authorization.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a) 
It shall be unlawful to discharge to any natural outlet within the City of Holland, or in any area under its jurisdiction, any sewage or other polluted waters, except for those facilities described below.
(b) 
Any industrial waste disposal facility operating with a state-approved National Pollutant Discharge Elimination System (NPDES) permit shall be exempt from the prohibition of this section, and shall be subject to the following:
(1) 
If a temporary excess of any of the parameters listed in the NPDES permit is anticipated, Community and Neighborhood Services shall be informed immediately, and a written report shall follow that contains a description of the excess, the reasons for its occurrence, and a description of the corrective measures being taken and to be instituted. Such reporting is in no way in lieu of other spill reporting requirements that are the responsibility of the NPDES permit holder.
(2) 
The industry shall allow Community and Neighborhood Services access to its property at reasonable times and under reasonable circumstances for the purpose of taking samples of the discharge from the facility. Any industry that discharges into the storm sewer system shall provide sampling manholes or appropriate access that is approved by Community and Neighborhood Services.
(c) 
The enforcing officer of this section is the Director of Community and Neighborhood Services of the City or an authorized deputy, agent or representative.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
No person shall maintain any building having a sewage discharge on any premises where the public sewer is located on a street, alley, or right-of-way abutting such premises that lies within any sanitary sewer district unless that building is connected to the public sewer.
(a) 
Such connection shall be made in accordance with this chapter and applicable specifications provided by the BPW.
(b) 
Any structure in which sewage originates within the City shall be connected to any available public sewer within 18 months after publication of a legal notice of availability of a public sewer in a newspaper of general circulation in the City. For purposes of this section, a public sewer shall be considered to be available when it is located in a right-of-way, easement, highway, street, or public way which crosses, adjoins, or abuts upon the property in question and passes not more than 200 feet at the nearest point from the structure in which the sewage originates. For purposes of this section, the phrase "structure in which sewage originates" shall mean a building in which toilet, kitchen, laundry, bathing, or other facilities that generate sewage are used or are available for use for household, commercial, industrial or other purposes. If the structure in which sewage originates has not been connected to an available sanitary sewer within said eighteen-month period, then the City shall require the connection to be made in accordance with Section 12754 of the Michigan Public Health Code, as amended,[1] or any similar successor statutory provision. In so proceeding, the City shall have the rights and remedies provided in Section 12754, as well as all rights and remedies provided by this chapter.
[1]
Editor's Note: See MCLA § 333.12754.
(c) 
Such connection shall be used in accordance with the provisions of this chapter.
(d) 
It is unlawful to construct, replace, repair, renovate, extend, or expand any septic tank system or other sewage disposal system for any house, building, property, or other purpose on any premises where the public sewer is located on a street, alley, or right-of-way abutting such premises that lies within any sanitary sewer district.
(e) 
Any industrial waste disposal facility operating with a state-approved National Pollutant Discharge Elimination System (NPDES) permit shall be exempt from the prohibition of this section.
(f) 
The enforcing officer of this section is the Director of Community and Neighborhood Services or an authorized deputy, agent or representative.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Whenever the Council of the City of Holland, acting as a Board of Health, determines that any waste conveyance or system is dangerous to the public health, the Council may order improvements to abate the danger and specify the time within such improvements shall be made.
(a) 
Waste conveyances and systems include, but are not limited to: sanitary plumbing, toilet, or other fixture or facility for sanitary use or for the disposal of waste, including any connection thereof to a public sewer.
(b) 
The abatement order shall be conducted in accordance with the provisions of Section 15.17 of the Charter of the City of Holland, and shall include a statement of the opinion of Board of Health regarding what aspects of the waste conveyance or system are unsanitary and dangerous to the public health.
[Ord. No. 1323, 12-5-2001; amended Ord. No. 1516, 9-3-2008; 12-3-2014 by Ord. No. 1643]
The City Council of the City shall establish rates for the use of, and the connection to, the public sewer. All users of the POTW shall be required to pay their proportionate use of the POTW in terms of volumetric and pollutant loadings. User charges shall be levied to defray the operation, maintenance, replacement, and debt retirement costs of the POTW.
(a) 
Water meters are required for residential users who are connected to the public water supply system in accordance with the City of Holland Water Use Ordinance. Bills for wastewater service for residential users connected to the public water supply system shall be calculated as follows:
(1) 
Base period. The actual usage shall be billed for the consumption months of December through April.
(2) 
Other months. Customers are billed for an average monthly usage from the base period usage. Either the average monthly usage or the actual usage, whichever is lower, will be applied to the bills.
(b) 
Bills for nonresidential users connected to the public water supply shall be based on actual metered flow. At a user's option and cost, and with the approval of the BPW, additional metering may be installed to meter water not discharged to the POTW, i.e., sprinkling, cooling water, etc.
(c) 
Nonresidential users have the option, at the customer's expense, to install an approved flowmeter on their sanitary sewer service. The customer must use a type of flowmeter approved by the BPW and must install and maintain it according to manufacturer's specifications to ensure the proper registering of all water being discharged to the sanitary sewer. The customer shall be responsible for all maintenance and calibration of the flowmeter device at the customer's expense. The wastewater service bill will then be calculated based upon the reading of the sewage flowmeter. The installation of the flowmeter shall be inspected by the BPW prior to use to ensure proper installation and accurate measurement. The customer must submit maintenance records of the flowmeter on an annual basis as evidence of proper maintenance. If records are not submitted on an annual basis, the customer shall be billed for sewer charges based on water meter measurement until such evidence of regular maintenance is submitted.
(d) 
Residential users who do not have access to a public water supply will be given the option of:
(1) 
Paying a flat rate as established by the City Council of the City; or
(2) 
Using a meter to measure water use through the well supply and paying actual usage. Users who choose to use meters on well supplies shall be responsible for all maintenance and installation costs for the meter. A failure to perform within 30 days' notice any maintenance required for the meter to function accurately shall automatically cause the user's account to convert to the flat rate system, which will become effective in the month during which the user was notified of the need for meter maintenance.
(e) 
Nonresidential users who do not have access to a public water supply may not choose the flat rate option. Nonresidential users must install metering devices (as approved by the BPW) to measure the quantity of wastewater discharged to the sewage system.
(f) 
Each user who discharges compatible wastewater pollutants in strengths that exceed maximum allowable concentrations as defined in Section 29-51 shall pay appropriate surcharges for the treatment of those excess waste strengths. Such surcharge rates shall be established by the City Council of the City.
(g) 
Nondomestic users exceeding levels established in Section 29-50 must obtain special discharge allocations for certain pollutants in accordance with Article V (Section 29-47 et seq.); such users shall pay a rate for that allocation that includes a calculation for reserved physical plant capacity.
(h) 
All industrial users having monitored discharges shall pay a monthly charge for the operation of the POTW pretreatment program pursuant to Section 29-11 as shall be established by City Council of the City.
(i) 
The City shall reserve the right to adjust user charges based upon an audit review of costs. Such an audit review shall be conducted annually by the City.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
The City may adopt charges and fees by resolution which may include:
(a) 
Fees for reimbursement of costs of setting up and operating the industrial pretreatment program;
(b) 
Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by the IU;
(c) 
Fees for reviewing accidental discharge procedures and construction;
(d) 
Fees for permit applications including the cost of processing such applications;
(e) 
Fees for filing appeals;
(f) 
Fees for consistent removal;
(g) 
Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the City.