The following rules of construction shall apply to the text
of this chapter.
(a)Â
The particular shall control the general.
(b)Â
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)Â
The word "shall" is always mandatory and not discretionary. The word
"may" is permissive.
(e)Â
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.
[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.
|
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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.
The general pretreatment regulations outlined at 40 Code
of Federal Regulations Part 403.
The Michigan Public Health Code (Act 368 of 1978) MCLA §§ 333.1101
to 333.25211.
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.
The committee established pursuant to the "contract."
In the case of a corporation, a president, secretary, treasurer
or vice president of the corporation in charge of a principal business
function;
In the case of a partnership or proprietorship, a general partner
or proprietor; and
An authorized representative of the individual designated above
if:
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.
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).
The sum of the concentration of benzene, toluene, ethylbenzene
and xylene.
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.
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.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility as outlined in 40 CFR 403.17.
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.
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.
The amount of oxygen required to chemically oxidize organic
and inorganic constituents of wastewater as measured under standard
laboratory procedures.
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.
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.
A series of representative samples taken over a specific
time period which are then combined into one sample for testing purposes.
The 2017 Restated Holland Area Wastewater Treatment Facilities
Operation Contract with an effective date of July 1, 2017, or any
subsequent amendment made thereto.
The City of Holland, acting through its Holland Board of
Public Works or its authorized representatives.
The maximum concentration of a pollutant in any individual
sample during that day.
The minimum concentration of a pollutant in any individual
sample during that day.
The charge levied to users for retirement of bonded indebtedness
for the POTW.
A mixture of mercury and other metals used as a dental restorative
material.
Includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
All users of the POTW where the discharge into the system
is primarily domestic waste.
A water-carried waste from, but not limited to, toilet, kitchen,
laundry, bathing, or other facilities used for household purposes.
The Michigan Department of Environment, Great Lakes and Energy
or any successor governmental agency having similar regulatory jurisdiction.
The General Manager of the Holland Board of Public Works,
or an authorized deputy, agent, or representative, unless stated differently
in this section.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and
sale of produce.
The Holland Board of Public Works of the City of Holland,
its authorized deputy, agent, or representative.
Those processes which generate the types of wastes as enumerated in Section 29-49.
Any person who introduces pollutants into a POTW from any
nondomestic source regulated under the Act, state law, or local ordinance.
The liquid or liquid borne waste from industrial or manufacturing
processes, trade or business as distinct from domestic waste.
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.
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.
Any discharge which alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW and any of its process or operations,
or its sludge use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal.
The compilation of all adopted rules and regulations that
are in effect in the State of Michigan.
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.
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.
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.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
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:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that caused the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing 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
As defined in 40 CFR 403.3(m)(2) and (m)(3).
Any user, including significant industrial users, of the
POTW that discharges wastes other than or in addition to water-carried
domestic wastes.
All water-carried wastes other than domestic wastes.
A permit issued pursuant to Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342).
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.
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.
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).
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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
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.
Any discernible confined and discrete conveyance or vessel
from which pollutants are or may be discharged into a public waterway
or public sewer system.
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.
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).
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.
A sewer which is owned and/or controlled by any governmental
entity which is a participant in the plant.
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.
Two or more consecutive monitoring periods evidencing violations
or a pattern of noncompliance.
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.
All noncommercial premises used only for human residency
and which are connected to the POTW.
A sewer which carries sewage and to which stormwater, surface
water, and groundwater are not intentionally admitted.
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.
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.
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.
The water-carried wastes from residences, business buildings,
industrial establishments and/or other premises, together with such
infiltration as may be present.
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.
A pipe or conduit for carrying sewage.
Except as provided in Subsection (b) of the definition, the term "significant industrial user" means:
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
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)].
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 has occurred in the event of any
one or more of following have occurred:
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;
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);
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);
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;
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;
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;
Failure to accurately report noncompliance;
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.
Any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
The State of Michigan.
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).
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.
The superintendent of the Holland Area Water Reclamation
Facility or the superintendent's authorized representative.
Solids that either float on the surface of, or are in suspension
in water, sewage, or other liquids.
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.
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.
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.
Any person who contributes, causes or permits the contribution
of sewage into a public sewer.
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.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, institutions
and other facilities, whether treated or untreated.
A channel, natural or artificial, in which a flow of water
occurs either continuously or intermittently.
Includes:
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
The floodplain free-flowing waters determined by the EGLE on
the basis of one-hundred-year flood frequency; and
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Such connection shall be made in accordance with this chapter and
applicable specifications provided by the BPW.
(b)Â
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)Â
Such connection shall be used in accordance with the provisions of
this chapter.
(d)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Base period. The actual usage shall be billed for the consumption
months of December through April.
(2)Â
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)Â
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)Â
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)Â
Residential users who do not have access to a public water supply
will be given the option of:
(1)Â
Paying a flat rate as established by the City Council of the
City; or
(2)Â
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)Â
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)Â
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.
(h)Â
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)Â
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)Â
Fees for reimbursement of costs of setting up and operating the industrial
pretreatment program;
(b)Â
Fees for monitoring, inspection and surveillance procedures including
the cost of reviewing monitoring reports submitted by the IU;
(c)Â
Fees for reviewing accidental discharge procedures and construction;
(d)Â
Fees for permit applications including the cost of processing such
applications;
(e)Â
Fees for filing appeals;
(f)Â
Fees for consistent removal;
(g)Â
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.
