[HISTORY: Adopted by the City Council of the City of Coldwater 1-12-2015 by Ord. No. 783.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 1042, Sewers,
adopted 12-10-1984 by Ord. No. 409 and 11-27-1989 by Ord. No. 442,
and re-enacted in its entirety 6-22-1992 by Ord. No. 472.
(a)
Purpose. The purpose of this chapter is to establish standards, rules,
and regulations with respect to the use of the POTW and to prevent
pollution of the environment.
(b)
Scope. This chapter shall apply to the City of Coldwater. Any other
municipality, drainage district, or other political subdivision of
the state that discharges into the POTW which has the power to enact
ordinances shall adopt an ordinance which is substantially similar
to this chapter and which is approved by the City as being sufficiently
similar. This chapter provides for the regulation of discharges into
the POTW through the issuance of use permits to significant nondomestic
users, through monitoring and enforcement activities, and through
required discharger reporting.
For the purposes of this chapter, the following words and phrases
shall have the meanings described in this section, unless the context
in which they are used specifically indicates otherwise.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and
all rules promulgated thereunder.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter and biologically oxidizable inorganic matter under
standard laboratory procedures for five days, at 20° C., expressed
in milligrams per liter concentration, using U.S. EPA test method
no. 405.1.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the discharge
prohibitions in this chapter. BMPs also 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 intentional diversion of waste streams away from any
portion of a user's treatment facility.
Pollutant limits for discharges to POTWs, promulgated by U.S. EPA in 40 CFR Chapter I, Subchapter N, Parts 405 et seq., in accordance with § 307(b) and (c) of the Act, which are applicable to a nondomestic user which engages in a category or categories of industry that are subject to regulations in 40 CFR Parts 405 through 471.
The Coldwater Board of Public Utilities.
The Code of Federal Regulations.
The City of Coldwater, Michigan, a municipal corporation.
The Code of the City of Coldwater.
All of the sanitary sewers, lift stations, pumps, and other
equipment of the CBPU and of a municipality, drainage district, or
other political subdivision of the state which has a contract with
the CBPU for discharge to the POTW treatment plant which are primarily
installed to receive wastewater and pollutants directly from users
for transmission to the POTW treatment plant.
Any placement, assembly, or installation of facilities or
equipment (including contractual obligations to purchase such facilities
or equipment) at the premises where such equipment will be used, including
preparation work at such premises, if such equipment will in any way
actually or potentially affect the quality or quantity of discharges
or the measurement or analysis of a discharge.
The water discharged from any use in which the only pollutant
added is heat and which shall be considered noncontact cooling water.
Water discharged from any use in which heat and other pollutants have
been added shall be considered as contact cooling water.
The sum of all concentration measurements for any twenty-four-hour
period divided by the number of such measurements.
The Director of the Board of Public Utilities of the City,
or his or her authorized representative. For purposes of this definition,
an authorized representative is a person whom the Director of the
Board of Public Utilities of the City has authorized in writing to
perform actions that the Director is authorized to perform under this
chapter.
The introduction (including infiltration) of pollutants into
the POTW which is either intentional or unintentional.
The minimum temperature at which vapor combustion will spread
away from its source of ignition.
Solid wastes from domestic or commercial preparation, cooking
or dispensing of food, and from the handling, storage, or sale of
produce.
A sample which is taken from a discharge with no regard to
the flow which is collected over a period of time not exceeding 15
minutes.
Water which is pumped or otherwise captured from the ground
and which is not used in a process. Mere treatment of groundwater
is not use in a process.
Any substance as defined in Part 201 of the Michigan Natural
Resources and Environmental Protection Act, Act 451 of 1994,[1] as amended, or the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended.
Any material, such as fat, oil, or grease, which is recoverable
from wastewater by extraction with N-hexane, using EPA Test Method
1664, Revision A, and as defined therein.
The concentration in any grab sample.
A structure or device designed for removing floating or suspended
hexane-extractable material and other viscous or dense substances
from wastewater, by physical separation, prior to discharging the
wastewater into the POTW.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both: i) inhibits or disrupts the
POTW, its treatment processes or operations, or its sludge processes,
use or disposal; and ii) therefore is a cause of a violation of any
requirement of the NPDES permit for the POTW, the Act, or State Act
(including an increase in the magnitude or duration of a violation)
or of the prevention of sewage sludge use or disposal in compliance
with the following statutory provisions and regulations or permits
issued thereunder (or any more stringent state or local regulations):
Section 405 of the Act, the Solid Waste Disposal Act (SWDA) [(including
Title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including state regulations contained in
any state sludge management plan prepared pursuant to Subtitle D of
the SWDA)] the Clean Air Act, the Toxic Substances Control Act, and
the Marine Protection, Research, and Sanctuaries Act.
The daily maximum mass of a pollutant, in pounds per day,
which may be allowed by the CBPU to be discharged to the POTW by the
aggregate of all nondomestic users.
The Michigan Department of Environmental Quality or its successor.
Milligrams per liter.
Any building, structure, facility, or installation from which
there is or may be a discharge, the construction of which commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Act 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 causes the discharge 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
processes are substantially independent, the extent to which the new
facility is integrated with the existing plant and the extent to which
the new facility is engaged in the same general type of activity as
the existing source shall be considered.
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) but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source has commenced if the owner or operator
has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase; contracts which can
be terminated or modified without substantial loss; and contracts
for feasibility, engineering; and design studies do not constitute
a contractual obligation under this subsection.
A user that discharges pollutants other than, or in addition
to, sanitary sewage, but not including a user that is a municipality,
drainage district, or other political subdivision of the state that
only discharges from its own collection system to the CBPU's collection
system.
A permit issued pursuant to the National Pollutant Discharge
Elimination System to regulate the discharge of wastewater into the
surface waters of the state.
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 Act or State Act.
Any individual, firm, municipality, company, association,
society, corporation, partnership, group, or other legal entity, including
their officers and employees who have responsibility for or actual
involvement in the matters regulated by this chapter.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions in moles per liter of solution.
Any material which is discharged to the POTW or is proposed
for discharge to the POTW. The term also includes properties of such
materials such as pH and heat.
Publicly owned treatment works, as defined by § 212
of the Act, which are owned by the CBPU and the collection system.
The term also means the CBPU or the Director. This term includes any
devices, processes, and systems used by or for the CBPU in the storage,
treatment, recycling, or reclamation of wastewater or sludge from
the treatment works or the collection system.
The POTW exclusive of the collection system.
A lot or parcel of land, generally, or each lot or parcel
of land, or building, having any connection, direct or indirect, to
the POTW, as the context of the word within this chapter dictates.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into the POTW. The reduction or alteration may be
obtained by physical, chemical, or biological processes, process changes,
or by other means, except for the use of dilution, unless expressly
authorized by an applicable pretreatment standard or requirement.
Wastewater or pollutants from toilet, kitchen, laundry, bathing,
or other facilities all of which are used for household or residential
purposes or for domestic purposes at a nonresidential location.
Substantial physical damage to property, damage to the treatment
facilities of a user which causes them to become all or partially
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 or loss of production.
A pipe or conduit for carrying wastewater, stormwater, surface
runoff, or groundwater.
Any nondomestic user of the POTW that:
Has a discharge to the POTW of 25,000 gallons or more per day
based on the average per day for all days of discharge in the calendar
year, excluding sanitary sewage, noncontact cooling water, and boiler
blowdown wastewater;
Discharges or has a reasonable potential to discharge any toxic
pollutant as defined pursuant to § 307 of the Act, unless
the actual or potential effect on the POTW is determined by the Director
to be insignificant;
Is found by the Director to have a reasonable potential for
adversely affecting the POTW, or for violating any limit, discharge
prohibition, pretreatment standard or requirement;
Is subject to a CPS; or
Discharges wastewater, other than sanitary sewage, noncontact
cooling water, and boiler blowdown wastewater, which makes up 5% or
more of the average dry weather hydraulic or organic capacity of the
POTW.
Solids or other residue, either of which are separated from
wastewater and generated by any treatment process, or solids or other
residue directly separated from a production process.
A discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge,
which has a reasonable potential to cause interference or pass-through,
or in any other way violates this chapter.
Any building, structure, facility, vehicle, or installation
from which there is or may be a discharge to the POTW.
Part 31, Water Resources Protection, of the Michigan Natural
Resources and Environmental Protection Act, Act 451 of 1994,[2] as amended, and all rules promulgated thereunder.
The director of the Michigan Department of Environmental
Quality (and its successor agencies) and any person delegated to act
for such director in water pollution control matters.
Solids that either float on the surface of, or are in suspension
in, water, wastewater, or other liquids, and which can be removed
or recovered by standard laboratory filtering, using U.S. EPA Method
No. 106.2.
Micrograms per liter.
An exceptional incident in which there is unintentional and
temporary noncompliance with CPS or other limits applicable to the
user 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.
The United States Environmental Protection Agency or its
successor.
A person who discharges into the POTW and a municipality
or drainage district whose collection system discharges into the POTW.
Water discharged to the POTW by a user which may or may not
contain other pollutants. This term does not include stormwater, surface
runoff, or noncontaminated groundwater and noncontact cooling water.
(a)
Management of the POTW. The POTW shall be and remain under the management,
supervision, and control of the CBPU. The CBPU may employ a Director
to administer the POTW and may employ such others as the CBPU deems
advisable to carry out the management and operation of the POTW. The
CBPU may make such rules, orders, or regulations as deemed advisable
and necessary to assure the management and operation of the POTW,
including the establishment of local limits by rule, and the establishment
of special alternative limits for a user by action of the Director.
(b)
Standards, rules, and regulations. The standards, rules, and regulations
established in or pursuant to this chapter are for the preservation
of and furtherance of the public health, safety and welfare, and to
fulfill the obligations of the CBPU with respect to state and federal
law and all rules and regulations adopted pursuant thereto.
(a)
It shall be unlawful for any person to place, deposit or permit to
be deposited in an unsanitary manner, upon public or private property
within the City or in any area under its jurisdiction, any human or
animal excrement, garbage or other objectionable waste.
(b)
It shall be unlawful to discharge to any natural outlet or storm
drain, within the City or in any area under the jurisdiction of said
City, any sanitary sewage, industrial wastes, wastewater or polluted
water, except where suitable treatment has been provided and applicable
permits obtained and complied with in accordance with federal, state
and local laws and regulations.
(c)
Except as hereinafter provided, it shall be unlawful to construct,
use, or maintain any privy, privy vault, septic tank, cesspool or
other facility intended or used for the disposal of sewage.
(d)
The owner of any structure or property used for human occupancy,
employment, recreation or other purpose, situated within the City
and abutting on any street, alley, or right-of-way in which there
is now located or may in the future be located a public sanitary or
combined sewer of the CBPU, is hereby required, at his or her expense,
to install suitable sewage facilities therein and to connect such
facilities directly with the proper public sewer, in accordance with
the provisions of this chapter, within 90 days after the date of official
notice to do so, provided that said public sewer is within 100 feet
of the property line.
(a)
Where a public sanitary sewer is not available under the provisions of § 1042.04(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(b)
Before the commencement of the construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the
Branch-Hillsdale District Health Department and countersigned by the
City Manager. The application for such a permit shall be made on a
form furnished by the Branch-Hillsdale District Health Department,
which the applicant shall supplement with any plans, specifications,
and other information as are deemed necessary by the Branch-Hillsdale
District Health Department.
(c)
A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the Branch-Hillsdale
District Health Department. The District Health Department shall be
allowed to inspect the work at any stage of construction and, in any
event, the applicant for the permit shall notify the Branch-Hillsdale
District Health Department when the work is ready for final inspection,
and before any underground portions are covered in accordance with
the Environmental Health Ordinance of Branch County.
(d)
The type, capacities, location and layout of a private sewage disposal
system shall comply with all recommendations of the Branch-Hillsdale
District Health Department. No permit shall be issued for any private
sewage disposal system employing subsurface soil absorption facilities
where the area of the lot is less than 12,000 square feet. No septic
tank or cesspool shall be permitted to discharge to any public sewer
or natural outlet.
(e)
Within one year of such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 1042.05(a) and (h), 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 and filled with suitable material.
(f)
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
City or the CBPU.
(g)
No statement contained in the section shall be construed to interfere
with any additional requirements that may be imposed by the Branch-Hillsdale
District Health Department.
(h)
When a public sewer becomes available, the building sewer shall be
connected to said sewer within 360 days, and the private sewage disposal
system shall be cleaned of a sludge and filled with clean bank-run
gravel or dirt.
(a)
No unauthorized person shall uncover, make any connections with or
opening into, nor use, alter or disturb, any public sewer or appurtenance
thereof without first obtaining a written permit from the CBPU.
(b)
The permit application shall be supplemented by any plans, specifications,
or other information considered pertinent in the judgment of the CBPU.
A permit and inspection fee for a residential or commercial building
sewer permit, and for an industrial building sewer permit, shall be
paid to the CBPU at the time the application is filed. Such inspection
fee shall be set by the CBPU from time to time.
(c)
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the CBPU from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
(d)
A separate and independent sewer shall be provided for every building,
except where one building stands at the rear of another or an interior
lot and no private sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard, or driveway.
In this instance, the building sewer from the front building may be
extended to the rear building and the whole considered as one building
sewer.
(e)
Old building sewers may be used in connection with new buildings
only when they are found, on examination, to meet all the requirements
of this chapter.
(f)
The size, slope, alignment, and materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe,
jointing, testing, and backfilling the trench, shall all conform to
the requirements of the Building and Plumbing Codes of the City or
other applicable rules and regulations of the state and the City.
(g)
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
(h)
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
(i)
The connection of the building sewer into the public sewer shall
conform to the requirements of the Building and Plumbing Codes of
the City or other applicable rules and regulations of the CBPU. All
such connections shall be made gastight and watertight. Any deviation
from the prescribed procedure and material must be approved by the
CBPU before installation.
(j)
The applicant for the building sewer permit shall notify the CBPU
when the building sewer is ready for inspection and connection to
the public sewer.
(k)
All excavations for building sewer installations 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 in a manner satisfactory
to the CBPU.
(l)
The building sewer shall be constructed of either vitrified clay
sewer pipe and fittings meeting the current ASTM specifications for
standard or extra-strength clay sewer pipe, asbestos cement meeting
the current ASTM specification, extra-heavy cast iron soil pipe meeting
the current ASTM specifications or the Department of Commerce commercial
standards for extra-heavy cast iron soil pipe and fittings or concrete
sewer pipe and fittings meeting the current ASTM specifications for
standard or extra-strength concrete sewer pipe. If installed in filled
or unstable ground, the building sewer shall be of cast iron soil
pipe, except that vitrified clay pipe or asbestos cement or concrete
pipe may be accepted if laid on a suitable improved bed or cradle
as approved by the Inspector. All joint and connections shall be made
gastight and watertight. Vitrified clay sewer pipe shall be fitted
with factory-made resilient compression joints meeting the current
ASTM specifications for "Vitrified Clay Pipe Joints Having Resilient
Properties" (Designation C425). Asbestos cement or concrete sewer
pipe joints shall be of the rubber rung, flexible compression type,
similar and equal to joint specified for vitrified clay pipe. The
joints and connections shall conform to the manufacturer's recommendations.
(a)
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, water from footing drains or roof water
to any sanitary sewer or sewer connection, except as otherwise provided
in this chapter. Any premises connected to a storm sewer shall comply
with county, state and federal requirements, as well as those of the
City and CBPU.
(b)
Stormwater, groundwater, water from footing drains and all other
unpolluted drainage shall be discharged into such sewers as are specifically
designated as storm sewers, or to a natural outlet, except as otherwise
provided in this chapter. Industrial noncontact cooling water or unpolluted
process waters may be discharged, upon approval of the appropriate
state agency, to a storm sewer or natural outlet.
(c)
Grease, oil, and sand interceptors shall be provided when liquid
wastes contain grease in excessive amounts, or other harmful ingredients,
except that such interceptors shall not be required for single-family
or multiple-family dwelling units. All interceptors shall be of a
type and capacity approved by the CBPU, and shall be located as to
be readily and easily accessible for cleaning and inspection. Grease
and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped
with easily removable covers which, when bolted into place, shall
be gastight and watertight. When installed, all grease, oil, and sand
interceptors shall be maintained by the owner, at his or her expense,
in continuously efficient operation at all times.
(a)
Discharge prohibitions. The provisions in this section are intended
to:
(1)
Prohibit the discharge to the POTW of wastewater which may cause
pass-through or interference or which could have detrimental effects
on the physical structures or operating personnel of the POTW, or
on the general public or the environment, and
(2)
Restrict the discharge to the POTW of stormwater, groundwater,
and noncontact cooling water.
(b)
Prohibited discharges. No user shall discharge, cause to be discharged,
or allow to be discharged into the POTW any of the following:
(1)
Pollutants which create a fire or explosion hazard in the POTW,
including, but not limited to, pollutants or wastewater with a closed
cup flashpoint of less than 140° F. (60° C.), using the test
method specified in 40 CFR § 261.21.
(2)
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute or chronic
health and safety problems for workers or exceed any applicable occupational
health or safety standard.
(3)
Pollutants which will cause corrosive structural damage to the
POTW.
(4)
Solid or viscous pollutants in amounts which may or do obstruct
flow or cause interference in the POTW.
(5)
Wastewater having an instantaneous pH less than 5.5 or greater
than 10.0.
(6)
Any pollutant, including oxygen-demanding pollutants, released
in a discharge at a flow rate and/or pollutant concentration which
will cause interference in the POTW.
(7)
Pollutants which cause:
A.
Restriction of hydraulic capacity of structures or flow in the
POTW;
B.
Unsafe conditions to personnel in the operation, inspection,
or maintenance of the POTW or unsafe conditions to the general public,
with respect to the collection system;
C.
Exceptional or unreasonably burdensome effort, attention, or
expense in the operation or maintenance of the POTW; or
D.
Heat in amounts which will inhibit biological activity in the
POTW, resulting in interference, but in no case heat such that it
causes the influent at the POTW treatment plant to exceed 104°
F. (40° C.).
(8)
Pollutants which cause pass-through or interference.
(9)
Any pollutants which exceed, for that user, the limitations
set forth in a CPS, as adjusted under the combined waste stream formula
in Michigan Rule R 323.2311(7), which may be expressed as concentration
limits, mass limits, or both, as provided in Michigan Rule R 323.2311(5).
A CPS shall be adjusted if 40 CFR 403.15 applies and the criteria
of 40 CFR 403.15(b) are met (net/gross calculation).
(10)
Any liquids, gases, or solids which either singly or by interaction
with other substances may or do create a public nuisance.
(11)
Any pollutant introducing colors not removed in the POTW treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
(12)
Any unpolluted water, noncontact cooling water, stormwater,
groundwater or surface water, unless the Director gives written permission
to the user for the discharge of such waters based on available hydraulic
capacity and potential impacts on the POTW treatment capability. The
scope and duration of the discharge of such waters shall be determined
at the sole discretion of the Director.
(13)
Any radioactive wastes in harmful quantities as such quantities
are defined by applicable state and federal regulations.
(14)
Any grease or other pollutants that will become solid or viscous
at a temperature of 140° F. (60° C.) or below after being
discharged into the POTW.
(15)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(16)
Nonpolar fats, oil and grease in excess of a daily maximum concentration
of 100 mg/l based on a single grab sample.
(17)
Total fats, oil and grease in excess of a daily maximum concentration
of 175 mg/l based on a single grab sample.
(18)
Hazardous substances that were not listed or disclosed in the
user's application for a use permit that:
A.
May or do cause or contribute to a violation of state or federal
water quality standards in the receiving waters to which the POTW
discharges; or
B.
Result in or contribute to a liability of the CBPU under Part
201 of the Michigan Natural Resources and Environmental Protection
Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental
Response Compensation and Liability Act of 1980, as amended (CERCLA).
Nothing in this subsection determines the percentage share or allocation
share amount of a user's Part 201 or CERCLA liability.
(19)
Hazardous substances in quantities exceeding the numerical limit
in a user's use permit which:
A.
Cause or contribute to a violation of state or federal water
quality standards in the receiving waters to which the POTW discharges;
or
B.
Result in or contribute to a liability of the CBPU under Part
201 of the Michigan Natural Resources and Environmental Protection
Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental
Response Compensation and Liability Act of 1980, as amended (CERCLA).
Nothing in this subsection determines the percentage share or allocation
share amount of a user's Part 201 or CERCLA liability.
(20)
Sludge, unless the Director has determined that it is amenable
to treatment by the POTW and does not otherwise violate any discharge
prohibition.
(c)
Pollutant concentration limits.
(1)
Discharges made by nondomestic users having concentrations of
specific pollutants greater than the pollutant concentration limits
described in Table 1 in Appendix A at the end of this chapter[1] are prohibited, except as regulated under Subsection (d)
of this section.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(d)
Special alternative limit. The Director may grant a special alternative limit (SAL) to a user in a use permit or an order that allows discharges to the POTW that are otherwise prohibited by this section. The SAL may include other special arrangements between the CBPU and the user including, but not limited to, limits less than the discharge limits in Subsection (c) of this section. The decision to grant a SAL shall be made at the sole discretion of the Director. The SAL or special arrangement may be terminated or modified at will at any time by the Director. A SAL or other special arrangement shall not create any vested rights or property rights in the user. A SAL or other special arrangement shall create no rights to discharge to the POTW which the user would not have in the absence of a SAL or special arrangement. Provisions relating to termination or modification of a SAL or special arrangement may be more fully set forth in the SAL or special arrangement document. As a condition precedent to the grant of a SAL or entry into a special arrangement, the Director shall require the user to sign an acknowledgement and acceptance of the provisions of this subsection. Any SAL or special arrangement may contain provisions for the user to pay a compensatory charge to the CBPU. A SAL shall not be higher than a CPS unless a removal credit or a fundamentally different factor variance applies to allow the user to exceed the otherwise applicable categorical pretreatment standard. In such case, the SAL shall not exceed the limit allowed by the removal credit or variance. A violation of a SAL or of the terms of a special arrangement shall be in violation of this chapter.
(1)
Procedures for establishing special alternative limits. In determining
a SAL, the Director may allocate a share of the maximum allowable
industrial loading for the pollutant of concern set forth in Subsection
(d)(2) of this section among one or more nondomestic users in amounts
and on terms and conditions deemed appropriate by the Director in
accordance with SAL procedures approved by MDEQ.
(2)
Maximum allowable industrial loadings. The total mass of a pollutant
of concern used by or allocated to all nondomestic users, including
mass allocated by the Director in establishing SALs for the pollutant,
shall not exceed in the aggregate for all nondomestic users the maximum
allowable industrial loadings described in Tables 2 and 3 in Appendix
A at the end of this chapter.[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(e)
Local initiative limits. The Director may impose limits on a user
for pollutants not specifically listed in Table 1 in Appendix A at
the end of this chapter,[3] which may be in a use permit or in an order. In determining
a local initiative limit (LIL), the Director shall consider available
data on acceptable POTW pollutant loading based on POTW design, treatability
of the pollutant, the potential for pass-through or interference,
current POTW pollutant loading, the properties of the pollutant, and
other relevant factors deemed appropriate by the Director.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(f)
CPS. A user shall comply with all CPS and any other pretreatment
requirements established under §§ 307(B), 307(C), or
402(B)(8) of the Act that are applicable to that user, as adjusted
under the combined waste stream formula in Michigan Rule R 323.2311(7).
If a categorical pretreatment standard and another limit contained
in this chapter or in an applicable State of Michigan pretreatment
requirement regulate the same pollutant, then the more restrictive
of them shall apply. If a user requests that a removal credit be applicable
to that user, then such user shall pay all costs associated with supporting,
obtaining, and administering the removal credit so that the CBPU incurs
no costs. It shall be at the sole discretion of the CBPU whether or
not a removal credit shall be established and how a removal credit
shall be allocated.
(g)
Trucked wastes. No wastes, pollutants, or wastewater shall be discharged
by any user or person into the POTW from a vehicle which transported
the waste or wastewater to the point of discharge, except at discharge
points, if any, designated by the CBPU, and only when hauled in compliance
with applicable law.
(h)
Future conditions. Future conditions imposed on the CBPU by government
agencies with proper jurisdiction may require subsequent amendment
of this chapter by the CBPU. Where federal- or state-promulgated pretreatment
standards require limits on parameters not covered in this chapter
or limits more stringent than those specified in the chapter, the
state or federal limits shall have precedence and take effect with
respect to the applicable user on the later of their promulgation
date or the date specified for compliance with such standards.
(i)
Reserved right of revision. The CBPU reserves the right to establish
by ordinance, rule, order, or use permit more stringent limitations
or requirements on discharges to the POTW.
No user shall increase the use of potable or process water in
any way for the purpose of diluting a discharge as a partial or complete
substitute for adequate treatment before discharge to the POTW to
achieve compliance with the standards set forth in this chapter, except
upon prior written approval from the Director, which approval shall
be granted at the sole discretion of the Director and consistent with
federal and state law.
(a)
Authority of inspectors. The Director exhibiting proper credentials
and identification shall be permitted at all reasonable times, and
at any time in an emergency, to enter any user's property and the
property of contract municipalities without delay for the purposes
of inspection, observation, measurement, sampling, and testing in
connection with the administration and enforcement of this chapter.
The user shall advise the CBPU representative of health and safety
hazards and precautionary measures necessary to protect the health
and safety of the CBPU representative while on the user's premises.
The Director may order any user to provide written information regarding
such health and safety hazards and precautionary measures. If required
by the user, the CBPU representative intending to enter a user's property
shall be provided with an escort by the user to accompany the CBPU
representative while on the user's property. The user shall provide
the escort within a reasonable time after arrival at the user's property.
In the event of an emergency, or if the user does not provide an escort
within a reasonable time, the CBPU representative is not required
to wait for such an escort before proceeding with the entry and other
activities on the user's property. If the CBPU representative proceeds
without such an escort on the basis of an emergency or on the basis
that the user did not provide an escort within a reasonable time under
the circumstances, then the CBPU shall provide such user with a written
explanation of the situation.
(b)
Other inspection. Inspection by state or federal representatives
pursuant to law shall not relieve a user from inspection by CBPU representatives,
and inspection by CBPU representatives shall not relieve any user
from compliance with lawful inspection by state and federal representatives.
(a)
Wastewater sampling and analyses.
(1)
The prohibitions and restrictions in § 1042.08 or as set forth in a SAL or LIL (which may be in a use permit), shall apply at the point where wastewater and pollutants are discharged into the POTW. Required pretreatment and sampling for analysis of parameters specified in a use permit, discharge limit, CPS, or any discharge prohibition, limitation, or standard shall be effected before such point is reached.
(2)
All measurements, sampling, tests, and analyses of the discharge
shall be determined in accordance with the EPA-approved methods contained
in 40 CFR, Part 136. In cases where 40 CFR 136 procedures are not
available for or do not apply to the pollutant involved, other sources
such as "standard methods for the examination of water and wastewater,"
published by the American Public Health Association, or the most current
methods published by the American Society for Testing Material (ASTM)
or another method accepted by the Director may be used.
(3)
All samples shall be collected at a time and in a manner that
ensures they are representative of the wastewater discharged when
the user's normal operations are occurring, except when required by
the CBPU to be collected at another time or in another manner.
A.
Sampling to measure the instantaneous concentration shall be
done by collecting one grab sample.
B.
Sampling to measure the daily concentration shall be done by
collecting a twenty-four-hour, flow-proportioned composite sample,
except that a minimum of four grab samples shall be collected in lieu
of a twenty-four-hour, flow-proportioned composite sample for pH,
cyanide, total phenols, hexane-extractable material, sulfide, and
volatile organic compounds. If it is not appropriate to obtain a flow-proportioned
composite sample, a time-proportioned composite sample or a minimum
of four grab samples may be used in lieu of the flow-proportioned
composite sample if the user demonstrates to the Director that a representative
sample will be obtained. Samples shall be collected during a single
twenty-four-hour period.
C.
Flow volume shall be measured unless the Director approves a
method proposed by the user to estimate flow.
(b)
Significant nondomestic user sampling and analyses. Unless otherwise
modified by a use permit, the following shall apply:
(1)
Significant nondomestic users shall, at their expense, sample their discharge by flow-proportioned composite sampling. Samples must be obtained whenever the significant nondomestic user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 1042.09). The significant nondomestic user shall submit a written description of the specific sampling method, sampling equipment, and sampling location to the Director and obtain the approval of the Director. Alternately, at the discretion of the Director, a user may provide a written description of sampling locations and a demonstration of sampling equipment and specific sampling methods to CBPU enforcement officer in order to obtain approval. For significant nondomestic users with a new source, this approval shall be obtained prior to commencement of the discharge. Significant nondomestic users discharging as of the effective date of this section shall make application within 60 days of such effective date for this approval.
(2)
If a significant nondomestic user does not perform self-monitoring for purposes of determining compliance with this chapter, the Director may obtain samples of that user's discharge for such purposes for analysis using composite time-proportioned or flow-proportioned sampling (except for pH, fat, oil, and grease, cyanide, sulfide and volatile organic compounds which shall be grab samples) or may contract with an independent firm for such sampling. Samples may be obtained by the CBPU each day, whenever the user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 1042.09). The significant nondomestic user shall pay a fee to the CBPU to fully reimburse the CBPU for such sampling and analysis, including administrative and overhead costs. If the CBPU contracts with an independent firm for such sampling, the significant nondomestic user shall fully reimburse the CBPU for amounts paid by the CBPU to such firm.
(3)
The significant nondomestic user shall provide equipment at
its facility to properly preserve and store all samples as required
by that user's use permit, whether or not that user is performing
the sampling.
(4)
Samples shall be preserved and stored at the significant nondomestic
user's facility for every day on which a discharge occurs. At least
10 daily samples shall be analyzed each calendar month within the
applicable holding times for sample analysis. If the significant nondomestic
user discharges for less than 10 days in a calendar month, then the
number of samples shall equal the number of days on which there is
a discharge and all such samples shall be analyzed. Analyses shall
be performed for parameters specified in the significant nondomestic
user's use permit and sample holding time limits for sample analyses
shall be met.
(5)
Samples shall be analyzed at the sole cost of the significant
nondomestic user. If a significant nondomestic user does its own sampling
or causes its samples to be taken, then, such user shall submit the
samples to a laboratory (which may be the significant nondomestic
user's own laboratory) approved by the Director for analysis. If the
Director does not approve the user's chosen laboratory, the Director
shall provide the user with a written explanation why the Director
did not approve such laboratory. If the significant nondomestic user
utilizes its own laboratory, that significant nondomestic user shall
send a split sample to an independent laboratory at least quarterly
as a quality control check. If a significant nondomestic user does
its own sampling or analysis, the CBPU may also take and have analyzed
daily composites or grabs at the sole cost of the significant nondomestic
user, in which case the Director shall provide a written explanation
within a reasonable time (after the CBPU performs such sampling) to
such user why the CBPU is performing such sampling. If the CBPU takes
the samples, the CBPU, at its discretion, may analyze the samples
in its own laboratory or contract with an independent laboratory for
the analysis.
(6)
The date when a sample is taken, start time, stop time, sample
type, sample location, sampler programming information, persons involved
in the sampling, and any other data specified in advance by the Director,
shall be recorded by the significant nondomestic user if the significant
nondomestic user is self-monitoring.
(7)
Flow measurements shall be taken to record the daily discharge
volume. On each sample date, flow measurements shall be taken to record
the daily discharge volume unless that is not appropriate. In such
case, flow estimates based on water meter readings may be used if
a user demonstrates to the Director that a representative estimate
will be obtained.
(8)
All analytical results for the applicable periodic compliance
report period shall be submitted by the user to the CBPU in a periodic
compliance report by the 15th day of the month following the end of
the reporting period if the significant nondomestic user does self-monitoring.
The CBPU shall provide copies of analytical results to the significant
nondomestic user if the CBPU performs the monitoring and, in the case
of results that show a violation of any pretreatment standard, shall
provide such results to such user within 10 days after the results
are available to the CBPU. If a significant nondomestic user monitors
any pollutant more frequently than required by the Director, using
the procedures described in Subsection (a) of this section, the results
of such monitoring shall be included in the next surveillance report
or other monitoring report submitted to the CBPU by that significant
nondomestic user.
(9)
The CBPU shall be provided with splits of any sample taken by
a significant nondomestic user if the CBPU requests a split sample.
A significant nondomestic user shall be provided with splits of any
sample taken by the CBPU if the significant nondomestic user requests
a split sample within a reasonable time, but not to exceed the designated
holding time for the analytical procedure being conducted. Split samples
shall be provided at the time the sample is taken, if possible.
(10)
The significant nondomestic user (which is performing self-monitoring)
or the CBPU (if the significant nondomestic user is not performing
self-monitoring) shall contract with an independent company to maintain,
repair, and calibrate the sampling and flow measurement equipment
and instruments used to monitor that significant nondomestic user.
Such maintenance, repair, and calibration shall be performed as necessary
so that monitoring data is accurate and representative, but in no
event less frequently than twice in a calendar year at reasonable
intervals. The CBPU, in any event, may inspect and test a significant
nondomestic user's flow meters at reasonable times or at any time
in the case of an emergency.
(c)
Other users. The Director may require any other user to install a
suitable control structure and necessary measuring and sampling devices
to facilitate the observation, sampling, and measurement of the quantity,
composition, and concentrations of discharges to the POTW. Such structure
and devices shall be constructed and installed at the user's expense
in accordance with plans submitted to the Director and shall be maintained
by the user as safe and accessible during all reasonable times and
to provide accurate and representative monitoring data. If the user
fails to install such a structure and devices, or maintain them, the
CBPU may do so at the expense of the user and the Director may disconnect
the user from the POTW.
(d)
Removal of samples and data. The Director shall have the right to
enter the premises of a user for the purpose of conducting inspections
and collecting samples of wastewater and pollutants discharged into
the POTW. The Director also has the authority to make copies of analytical
reports, including, but not limited to, all raw data, laboratory bench
sheets, calibrations records, QA/QC records, sample collection information
and final sample results used in generating the final analytical results
pertaining to all discharges to the POTW.
(e)
Authority to require submission of samples. The Director may require
any user to submit one or more representative samples of the wastewater
discharged, or which the user proposes to discharge, into the POTW.
(f)
Failure to allow access or removal of samples and other data. In
the event a user refuses to permit access at reasonable times, or
at any time in the event of an emergency, to the Director or to permit
the Director to obtain, take, and remove samples and make copies of
other data pursuant to this section, the Director may take any or
all of the following actions:
(g)
New installation of pretreatment facilities.
(1)
Notices. The user or its authorized agent shall notify the Director
in writing, at least 15 days before the installation of new pretreatment
facilities, of the date it intends to commence operation thereof.
A new pretreatment facility shall not be placed in regular operation
until tests have been conducted by the user to establish that the
discharges will be in compliance with this chapter.
(2)
Tests by users. A representative of the CBPU shall be permitted
to witness the tests. The cost of the tests shall be paid by the user
of the facilities.
(a)
Registration required. All nondomestic users shall register with
the CBPU by submitting registration forms provided by the CBPU which
shall include information about the identity, location, and telephone
number of the user; business and manufacturing activities engaged
in by the user; and the type and amount of materials produced, used,
or stored which are, or which may be, discharged to the POTW by the
user.
(b)
Periodic compliance reports required. The Director, by written order
or in a user permit, may require any nondomestic user to submit periodic
reports on forms provided by the CBPU which shall include information
on the quality and quantity of wastewater and pollutants discharged
into the POTW. Said report shall include the volume of wastewater
and concentration of pollutants, and be related to pretreatment standards
as appropriate as shall be required by the Director. The names of
all person(s) responsible for operating and maintaining any pretreatment
equipment, pretreatment processes, or responsible for wastewater management
at the user's facilities shall be listed in said report with a brief
description of each person's duties. The Director may also require
additional information from such users as to materials or substances
which may be discharged to the POTW. The Director shall notify forthwith
each significant nondomestic user that it is required to file periodic
compliance reports.
(1)
Initial report. Each user that has been notified of its obligation
to file periodic compliance reports shall file an initial periodic
compliance report within 30 days from the date such notice is served
upon said user.
(2)
Monthly periodic compliance reports. Each user so notified by
the Director may be required to file monthly periodic compliance reports
for the preceding month by the date specified by the Director.
(3)
Quarterly periodic compliance reports. Each user required to
submit quarterly periodic compliance reports shall submit the same
before January 31, April 30, July 31, and October 31 of each year
for the quarter ending on the last day of the preceding month.
(4)
Semiannual periodic compliance reports. Each user required to
submit semiannual periodic compliance reports shall submit the same
in June and December each year, for the preceding six calendar months.
(5)
Annual periodic compliance reports. Each user required to submit
annual periodic compliance reports shall submit the same in December
each year for the preceding 12 calendar months.
(6)
The Director shall coordinate reports required under this Subsection
(b) with Subsection (j) in order to avoid duplicative reporting and
to achieve consistency in report due dates.
(c)
Notice of significant nondomestic user status. All users shall promptly
notify the CBPU at least 180 days in advance of a discharge which
may convert the user into a significant nondomestic user. Where a
change in discharge may convert the user into a significant nondomestic
user, such user shall promptly submit an application for a use permit
to the CBPU within 10 days after submitting such notice.
(d)
Annual significant nondomestic user report. Each significant nondomestic user shall submit, on a form provided by the CBPU, an annual significant nondomestic user report. The report shall provide updated information about the user's manufacturing and business activities, materials used or stored, materials which are or may be discharged to the POTW, pretreatment systems, slug discharge control plans and procedures (if required), and any other information required under § 1042.13(c) in an application for a use permit. Each significant nondomestic user shall submit the annual significant nondomestic user report by the 15th day of February of each year for the preceding calendar year (January through December), unless exempted from this requirement, in the use permit or other writing, by the Director.
(e)
Notice of discharge exceedances. All users shall orally report to
the CBPU water pollution control facility within 24 hours of becoming
aware of any discharges, whether intentional or accidental, which
are known or reasonably suspected by the user to violate any prohibition
or exceed any applicable limit established in this chapter, in a use
permit, in a special agreement, in a CPS, or in any other applicable
law or regulation. The user shall, if the exceedance was based on
an analyzed sample, and if the CBPU is not performing monitoring in
lieu of the user, resample and analyze the discharge and submit the
results to the CBPU as soon as possible, but no later than 30 days
after becoming aware of such discharge. Such oral notice shall be
given in advance whenever possible and shall contain information regarding
the volume, duration, constituents, cause, loading and concentrations,
actions taken or to be taken to prevent future exceedances, and such
other available information as may be necessary to determine what
impact such discharge may have on the POTW. The user shall provide
a written follow-up notice within five days of the oral notice that
contains the same information provided orally and all other relevant
information. If the CBPU is performing monitoring of the user in lieu
of the user, the CBPU, or the user if directed to do so by the Director,
shall resample and analyze the discharge as soon as possible, but
no later than 30 days after the CBPU becomes aware of such discharge.
(f)
Posting of use permit and notice of exceedance information. All nondomestic users and any user that uses or stores substances which potentially could be discharged to the POTW in concentrations which exceed any discharge prohibition in § 1042.08 shall post a clearly legible set of instructions in the area where the user manages wastewater so that the report and notice requirements of this section are made known and are available to the user's employees. Such users shall also post the user's use permit along with these instructions if the user holds a use permit. Such users shall instruct their employees who have wastewater responsibilities on the reporting and notice requirements of this section.
(g)
Slug discharges. The Director may, by written notice to a user, require
that the user prepare and implement a slug control plan. Such plan
shall be submitted to the Director for approval as specified in the
written notice. At least once within a year of determining that a
user is significant, the Director shall evaluate significant nondomestic
users to determine whether or not the CBPU will require a plan from
such significant nondomestic users. The plan shall contain at least
the following:
(1)
Description of discharge practices including nonroutine batch
discharges;
(2)
A description of stored materials;
(3)
Procedures for immediately notifying the CBPU of slug discharges, including any discharge that would violate a prohibition under § 1042.08 with procedures for follow-up written notification within five days;
(4)
Procedures to prevent adverse impacts from accidental spills,
including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and measures and equipment for emergency response.
(h)
Notification regarding wastes which are otherwise hazardous.
(1)
Any user that discharges to the POTW any substance which, if
disposed of other than by discharge to the POTW, would be a hazardous
waste under 40 CFR 261 or under the rules promulgated under Part 111
of the Natural Resources and Environmental Protection Act ("Michigan
Rules") shall notify the CBPU, the U.S. EPA Region V Waste Management
Division Director, and the Chief of the Waste and Hazardous Materials
Division of the Michigan Department of Environmental Quality of such
discharge. The notice shall be given 180 days after the discharge
first occurs. The notice shall be in writing and shall include the
name of the hazardous waste set forth in 40 CFR 261 or the Michigan
Rules, the hazardous waste number, and the type of discharge (continuous,
batch, or other). If the user discharges more than 100 kilograms of
such waste per calendar month to the POTW, the notice shall also contain
the following information to the extent such information is known
and readily available to the user:
(2)
Notification under this subsection must be submitted for each
hazardous substance discharged, but is not required for pollutants
already reported under self-monitoring by users under CPS reporting
requirements. A user is exempt from notification under this subsection
during a calendar month in which the user discharges no more than
15 kilograms of hazardous wastes unless the wastes are acute hazardous
wastes as specified in 40 CFR 261.30(d) and 261.33(e). Where a new
regulation first defines a substance as a hazardous waste, notification
under this subsection shall be given within 90 days of the effective
date of such regulation. In any notice submitted under this subsection,
the user shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree the
user has determined to be economically practical.
(i)
Notice by the Director to users affected by CPS. The Director shall
notify all users whom the Director knows might be subject to CPS of
that fact.
(j)
Reports by users subject to CPS.
(1)
Baseline report. Within 180 days after the effective date of
a CPS, or 180 days after the final administrative decision made upon
a category determination submission under R 323.2311(2), whichever
is later, existing nondomestic users subject to the CPS and currently
discharging, or scheduled to discharge, to the POTW shall submit to
the Director a report that contains the following:
A.
Name and address of the facility including the name of the operator
and owners;
B.
A list of any environmental control permits held by or for the
facility;
C.
A brief description of the nature, average rate of production,
and standard industrial classification of the operation or operations
carried out by the nondomestic user. The description shall include
a facility drawing and schematic process diagram that indicates points
of discharge to the POTW and from which processes the discharges originate.
D.
Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams
and other streams as necessary to allow use of the combined waste
stream formula specified in R 323.2311(6).
E.
The pretreatment standards, including state or local standards,
applicable to each regulated process and the results of sampling and
analysis identifying the nature and concentration or mass, where required
by the standard or the Director, of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentration
or mass, where required, shall be reported. The sample shall be representative
of daily operations. Samples shall be taken immediately downstream
from pretreatment facilities if the facilities exist or immediately
downstream from the regulated process if pretreatment facilities do
not exist. If other wastewaters are mixed with the regulated wastewater
before pretreatment, the nondomestic user shall measure the flows
and concentrations necessary for use of the combined waste stream
formula to evaluate compliance with the CPS. Where an alternate concentration
or mass limit has been calculated, the adjusted limit and supporting
data shall be submitted. The Director may allow the submission of
a baseline report that utilizes only historical data if the data provides
sufficient information to determine the need for pretreatment measures.
The baseline report shall indicate the time, date and place of sampling
and the methods of analysis and shall certify that the sampling and
analysis is representative of normal work cycles and expected pollutant
discharges to the POTW. A description of all BMPs to which the user
is subject shall be included in the baseline report along with a summary
of the status of the user's compliance with such BMPs.
F.
A statement, reviewed by the user and certified to by a qualified
professional, indicating whether CPS are being met on a consistent
basis and, if not, whether additional operation and maintenance or
additional pretreatment is required to be performed by the nondomestic
user to meet the CPS.
G.
If additional pretreatment or operation and maintenance will
be required to meet the CPS, the shortest schedule by which the nondomestic
user will provide such additional pretreatment or operation and maintenance.
The completion date in the schedule shall not be later than the compliance
date established for the applicable CPS. 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 nondomestic user to meet
the CPS. The events may include the hiring of an engineer, completing
preliminary plans, completing final plans, executing contracts for
major components, commencing construction, completing construction
and other similar major events. An increment shall not be more than
nine months. Not later than 14 days following each date in the schedule
and the final date for compliance, the nondomestic user shall submit
a progress report to the POTW, including, at a minimum, whether or
not the user complied with the increment of progress to be met on
a particular date and, if not, the date on which the user expects
to comply with the increment of progress, the reason for the delay,
and the steps being taken by the user to return the construction to
the schedule established. Not more than nine months shall elapse between
progress reports to the POTW.
H.
Where the nondomestic user's CPS has been modified by a removal
credit, the combined waste stream formula or a fundamentally different
factors variance at the time the user submits the baseline report,
the information required by Subsection (j)(1)F and G, above, shall
pertain to the modified limits.
I.
Any changes to information under Subsection J(1)A through G
shall be submitted by the nondomestic user to the POTW within 60 days
after the change in the information.
(2)
Final compliance report. Within 90 days following the date for
final compliance with applicable CPS or, in the case of a new source,
following commencement of the introduction of wastewater into the
POTW, any nondomestic user subject to CPS shall submit to the POTW
a report containing the information in Subsection J(1)D through F
above. For nondomestic users subject to equivalent mass or concentration
limits, the report shall contain a reasonable measure of the user's
long-term production rate. For all other nondomestic users subject
to CPS expressed in terms of allowable pollutant discharge per unit
of production, or other measures of operation, the report shall include
the user's actual production during the appropriate sampling period.
(3)
Periodic compliance reports for CPS.
A.
Any nondomestic user subject to a CPS after the compliance date
of the CPS or, in the case of a new source, after commencement of
the discharge, shall submit to the POTW semiannually, unless required
more frequently in the CPS by the POTW or the MDEQ, a report indicating
the nature and concentration of pollutants in the effluent that are
limited by the CPS. In addition, the report shall include a record
of measured or appropriately estimated average and maximum daily flows
for the reporting period for the discharge reported in the baseline
report, except that the Director may require more detailed reporting
of flows.
B.
Where the POTW has imposed mass limitations on nondomestic users,
the report shall indicate the mass of pollutants regulated by CPS
in the discharge from the user.
C.
For nondomestic users subject to equivalent mass or concentration
limits established by the POTW, the report shall contain a reasonable
measure of the user's long-term production rate. For all other nondomestic
users subject to CPS expressed only in terms of allowable pollutant
discharge per unit of production, or other measures of operation,
the report shall include the user's actual average production rate
for the reporting period.
D.
The report shall include a summary of the status of the user's
compliance with any BMPs to which the user is subject.
(k)
Radioactive materials notice. Users whose discharge contains or could
contain radioactive materials shall notify the CBPU of that fact as
soon as possible after becoming aware of it.
(l)
Reports by user of slug or problem discharges. A nondomestic user
shall immediately notify the CBPU after obtaining knowledge that such
user has discharged or will discharge wastewater which could cause
problems to the POTW or could cause interference or pass-through or
which is a slug discharge. Such notice shall be oral and shall be
followed by a written notice within five days. The written notice
shall describe measures which such user will take to prevent such
discharges.
(m)
Periodic compliance reports by users not subject to CPS. Significant
nondomestic users that are not subject to CPS shall submit a written
periodic compliance report to the CBPU by January 31 and July 31 of
each year for the preceding six-month period. The periodic compliance
report shall contain a description of the nature and concentration
of the pollutants in the discharge and the volume of the discharge
based on sampling and analyses for pollutants performed at a frequency
specified by the CBPU. Sampling and analytical techniques shall be
those described in Michigan Rule R 323.2310(7). The CBPU may elect
to perform the sampling and analyses in lieu of the significant nondomestic
user, at the sole cost of the significant nondomestic user. If the
CBPU collects all of the information for the reports, the significant
nondomestic user shall not be required to prepare and submit the report
under this subsection. The report shall include a summary of the status
of the significant nondomestic user's compliance with any BMPs to
which that user is subject.
(n)
Notice of changed discharge. A nondomestic user shall notify the
CBPU at least 180 days in advance of any anticipated substantial change
in the volume of or in the type or amount of pollutants in its discharge
to the POTW. Such notice shall be in writing. For purposes of this
notice, a substantial change in the discharge to the POTW includes,
but is not limited to:
(1)
The initial discharge of any unpolluted water, noncontact cooling
water, stormwater, surface water, or groundwater, including any groundwater
purged for remedial action and groundwater that infiltrates into the
POTW;
(2)
An increase or decrease in volume of 20% or more or as specified
in a user permit;
(3)
The discharge of pollutants not previously disclosed to the
CBPU;
(4)
A change in the amount or type of listed or characteristic hazardous
waste discharged for which the nondomestic user has submitted a notification
to the CBPU under Subsection (h) of this section;
(o)
Signature and certification for reports.
(1)
The person signing the periodic compliance reports, baseline
report, final compliance report, notices, and registration in this
section shall make the following certification in the report:
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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 fines and imprisonment for
knowing violations."
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(2)
Before any person signs any periodic compliance report, baseline
report, or final compliance report, to submit to the CBPU, the user
shall inform the CBPU in writing and with particularity how the individual
meets the criteria for persons who are eligible to do so specified
below:
Signatory requirements for user periodic compliance reports,
baseline report, final compliance report. The reports required by
this chapter shall include the certification statement as set forth
above in Subsection (o)(1), and shall be signed as follows:
A.
By a responsible corporate officer, if the user submitting the
reports is a corporation. For the purpose of this subsection, a responsible
corporate officer means:
1.
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decisionmaking functions for
the corporation; or
2.
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
B.
By a general partner or proprietor if the user submitting the
reports is a partnership, or sole proprietorship respectively.
C.
By a duly authorized representative of the individual designated
in Subsection (o)(2)A.1 or 2 of this section if:
1.
The authorization is made in writing by the individual described
in Subsection (o)(2)A.1 or 2;
2.
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the discharge originates, such as the position of plant manager,
operator or superintendent, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company; and
3.
The written authorization is submitted to the POTW.
4.
If an authorization under Subsection (o)(2)C of this section
is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization
satisfying the requirement of Subsection (o)(2)C of this section shall
be submitted to the POTW prior to or together with any reports to
be signed by an authorized representative.
(p)
Maintenance of records. Any user subject to the sampling, analysis, or reporting requirements in this chapter, including reports under Michigan Rule R 323.2310, as amended, or subject to BMPs, shall maintain copies of all reports, information records, and all other information pertaining to those reports, BMPs, and to any sampling and analyses activities. Such reports, records, and information shall be retained by such user, and by the CBPU if such documents have been submitted to the CBPU, for at least three years. This period shall be extended during the course of any unresolved litigation regarding the user or the POTW pretreatment program or when requested by the CBPU, the State Director, or U.S. EPA. All users who have records regarding their generation, treatment, storage, or disposal of hazardous waste or solid waste shall maintain such records for such period and make them available to the CBPU for inspection and copying, subject to the provisions of § 1042.14. The terms "hazardous waste" and "solid waste" shall have the same definition as provided in Part 111 of NREPA, as amended, and rules promulgated thereunder. The reports, records and information referred to in this Subsection (p) shall be available to the State Director and U.S. EPA upon request.
(a)
Use permit required.
(1)
All significant nondomestic users, and any other user requested
by the CBPU, must have a use permit to discharge to the POTW. With
respect to discharge limits, discharge prohibitions, sampling and
analyses, a user with a use permit prior to the effective date of
these amendments shall be regulated by the terms of that use permit
until the earlier of:
(2)
After the occurrence of the earlier of those events, the provisions
of this amended chapter fully apply to discharge limits, discharge
prohibitions, sampling and analyses with respect to that user.
(b)
Use permit application required. Applications for use permits shall
be submitted to the CBPU as follows:
(1)
Any person or user who will in the future become a significant
nondomestic user shall submit an application at least 180 days before
the date that person or user expects to become a significant nondomestic
user.
(2)
Any existing significant nondomestic user with a user permit
prior to the effective date of this amended chapter shall submit an
application not more than 60 days after the effective date of this
amended chapter.
(3)
Additionally, after having been directed to apply for a use
permit by the Director, a user shall submit an application for a use
permit as follows:
A.
Any user suspected by the Director of being a significant nondomestic
user shall submit an application not more than 30 days after having
been ordered to do so by the Director.
B.
Any user who has been ordered by the Director to obtain a use
permit shall submit an application not more than 30 days after having
been ordered to do so by the Director.
C.
The Director may extend, for a time that complies with applicable
deadlines in state or federal law, the period allowed herein for submitting
an application for a use permit, provided that the applicant demonstrates
to the satisfaction of the Director that more time will be required
for completing the application, due to extraordinary circumstances.
The Director may authorize a user to discharge to the POTW while the
user's permit application is pending under terms and conditions specified
in the authorization.
(c)
Use permit application contents.
(1)
A use permit application shall consist of the following:
A.
Name, address, and location of the user, the name and address
of the owner of the user, and the name of the manager of the user,
and the name of the person who performs the operation of the user's
wastewater pretreatment equipment, as applicable;
B.
The type of business entity of the user, whether a corporation,
partnership, sole proprietorship, or other form of business organization;
C.
The name of the person(s) responsible for discharges by the
user if different from those listed in Subsection (c)(1)A above;
D.
Standard industrial classification (SIC) number according to
the Standard Industrial Manual, Bureau of the Budget, 1972, as amended,
and the North American Industry Classification System (NAICS) code
according to the U.S. NAICS Manual, as amended;
E.
Discharge pollutants and characteristics including, but not
limited to, toxic pollutants as determined by bona fide chemical and
biological analyses. Sampling and analyses shall be performed in accordance
with procedures established by the U.S. Environmental Protection Agency
and contained in 40 CFR Part 136, as amended, or procedures approved
by the Director if no Part 136 procedure exists for the pollutant;
F.
Time and duration of discharges;
G.
Average daily and instantaneous peak discharge flow rates in
gallons per day, including daily, monthly, and seasonal variations,
if any (All flows shall be measured unless other verifiable techniques
are approved by the Director.);
H.
Site plans, floor plans, mechanical and plumbing plans, process
flow diagrams, and details to show all sewers, sewer connections,
inspection manholes, sampling chambers, and any other equipment directly
or indirectly related to a user's actual or potential discharge (information
on such other equipment need only be submitted by the user as a supplement
to the use permit application and only if requested by the Director);
I.
Information regarding activities, facilities, and plant processes
on the premises indicating all materials which are or may be discharged
to the POTW intentionally or unintentionally;
J.
Nature and concentration of any pollutants in the discharge
limited by this chapter, together with a statement regarding whether
or not compliance is being achieved with this chapter on a consistent
basis and, if not, whether additional operation and maintenance activities
and/or additional pretreatment is required for the user to comply
with this chapter along with a proposed compliance schedule with milestones;
K.
Each product produced by type, amount, process or processes,
and rate of production and any and all information regarding the composition,
characteristics and properties of each product as needed by the Director
for determining the potential impact of any discharge of a product
to the POTW, provided by the user in either material safety data sheets
or other manner approved by the Director;
L.
Type and amount of raw materials utilized (average and maximum
per day or other relevant time period) and any and all information
regarding the composition, characteristics and properties of the raw
materials as needed by the Director for determining the potential
impact of any discharge of a raw material to the POTW, provided by
the user in either material safety data sheets or other manner approved
by the Director;
M.
A list of all other environmental permits and a copy of each
such permit held by the user applicable to the site to which the use
permit applies if the permitted process, equipment, or activity involves
any liquid waste or wastewater;
N.
The signature and certification of the person described in § 1042.12(o); and
O.
Such other information as the CBPU may request pertaining to
possible discharges to the POTW.
(2)
In the case of new sources, the applicant shall supply estimated
expected information to the extent actual data is not available. New
sources who will be significant nondomestic users shall submit a complete
permit application at least 90 days before the commencement of its
discharge to the POTW.
(d)
Use permit issuance. The Director shall evaluate the application
and data furnished by the user and may require additional information
from the user to complete the application. The Director shall determine
whether the applicant is a significant nondomestic user. If not, the
Director shall so notify the applicant. For a significant nondomestic
user, the Director shall issue or deny a use permit based on and subject
to the terms and conditions provided in this chapter and other applicable
law. The Director may, but is not required to, provide the user with
a draft of the use permit prior to taking action to issue or deny
a use permit to give the user an opportunity to provide the Director
with comments on the draft use permit. The Director shall issue or
deny a use permit within six months after receipt of a complete application
from the user. If the Director denies a use permit, the denial shall
be in writing and shall specify reasons for the denial. The Director
may issue an individual use permit to any specific significant nondomestic
user, or the Director may establish a general use permit for any specific
group of significant nondomestic users or other users, if deemed appropriate,
where allowed under current state and federal law. If the Director
determines that the user is not a significant nondomestic user, the
Director may still require a use permit or that the user be subject
to the terms of a general use permit.
(e)
Use permit term. A use permit shall be issued for a term not to exceed
five years. The Director may issue the use permit for a shorter period.
A permittee shall apply for reissuance of a use permit by submitting
a complete application at least 180 days before the expiration of
the existing use permit. If application for renewal is timely submitted,
the existing use permit shall have the status accorded it under applicable
law until final action is taken by the Director on the application
for renewal. Otherwise, the existing use permit shall expire on its
stated expiration date and the permittee shall cease its discharge.
(f)
Use permit modifications.
(1)
The Director shall have the right to modify any use permit issued
hereunder in order to:
A.
Assure compliance by the POTW with applicable laws and the POTW
NPDES permit;
B.
Account for changes in discharges by the user;
C.
Account for new information concerning the pollutants discharged
by the user;
D.
Reflect changes in federal or state laws and regulations or
in City ordinances;
E.
Accommodate operational changes at the POTW that, as determined
by the Director, require revision of the use permit;
F.
Modify or terminate any special arrangement contained in a use
permit;
G.
Assure compliance by the user with this chapter and other applicable
laws; or
H.
Correct typographical errors.
(2)
The user shall be informed of any modifications in the use permit
at least 30 days prior to the effective date of the modification,
unless a shorter time is necessary to meet applicable law or to protect
human health, the environment, or the POTW.
(g)
Use permit conditions. Use permits may specify the following but
shall contain all items required by Michigan Rule R 323.2306(a)(III):
(1)
Schedule of fees and charges;
(2)
Discharge limits;
(3)
Limits on average volume and maximum volume and time of discharge
and/or requirements for flow regulation and equalization;
(4)
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)
Requirements for installation and operation of discharge flow
monitors and sampling devices;
(6)
Requirements and procedures regarding the handling and storage or alternative disposal of substances to prevent a discharge that would be prohibited under § 1042.08;
(7)
Requirements and procedures for wastewater pretreatment and
the installation and maintenance of pretreatment systems in order
to prevent prohibited discharges;
(8)
Operation and maintenance plan requirements for wastewater pretreatment;
(9)
Conditions as the Director may require under particular circumstances
for a given discharge, including self-monitoring sampling locations,
frequency of sampling, number, types, and standards for tests, reporting,
notification, and recordkeeping, parameters required to be sampled
and analyzed, and other provisions regarding sampling;
(10)
Minimization requirements to be implemented by the user.
(11)
Slug control plan requirements;
(12)
Spill control plan requirements;
(13)
Compliance schedules;
(14)
Requirements for submission of reports;
(15)
Requirements for notification to the CBPU of a discharge which
exceeds a limit in the use permit or is a slug discharge or is a significant
change in the discharge or may cause a problem in the POTW;
(16)
Requirements for BMPs;
(17)
Requirements for bypass and upset notifications;
(18)
Statement of duration of permit, not to exceed five years;
(19)
Statement of nontransferability and nonassignability of permit;
(20)
Statement of applicable civil and criminal penalties for violation
of discharge limitations, pretreatment requirements, and compliance
schedules;
(21)
Other terms, statements, or conditions, as determined by the
Director, that are necessary to assure compliance with this chapter
and other applicable laws.
(h)
Use permit revocation.
(1)
The Director may revoke a use permit during its term or deny
a use permit renewal if:
A.
The permittee has failed to comply with any condition of the
use permit;
B.
The permittee fails, in the use permit application or during
the use permit issuance process, to disclose fully all relevant facts
to the CBPU, or the permittee misrepresents any relevant fact at any
time to the CBPU;
C.
The Director determines that the permitted discharge endangers
human health, the environment, or the POTW and the threat can only
be abated by revocation or denial of the use permit;
D.
A change in any condition that requires either a temporary or
permanent reduction or elimination of the discharge;
E.
The permittee is in default, after having received written notice
of such default, in the payment of fees or other amounts owed to the
CBPU related to wastewater matters; or
F.
Noncompliance by the permittee with any provision of this chapter.
(2)
Upon revocation or denial of its use permit, a user shall immediately
terminate its discharge to the POTW.
(i)
Compliance with use permit. A user shall comply with all of the provisions
of its use permit. A violation of any provision of a use permit is
a violation of this chapter, subject to the penalty, damage, compensatory
charge, and other enforcement provisions of this chapter.
(j)
Limitations of use permit transfer.
(1)
Use permits are issued to a specific user for a specific operation
at a specific location and are not assignable to another user or transferable
to any other location without prior written approval of the Director.
The Director shall approve a use permit transfer and make the necessary
minor modifications to the use permit to show the transferee as the
permittee, if the transferor demonstrates to the Director the following
conditions exist:
A.
The transferor has not violated any provision of the use permit
or of this chapter during the six-month period preceding the date
of the transfer;
B.
As of the date of the transfer, there are no unpaid charges
or fees due to the CBPU from the transferor related to use of the
POTW;
C.
The application for the use permit filed by the transferor remains
the same with respect to the discharge, facilities, and activities
of the transferee, except as to the identity of the discharger; and
D.
The transferor provides written evidence to the Director that
a copy of the use permit has been provided to the transferee.
(2)
If these conditions are not met, then no transfer shall occur
and a new use permit is required.
(a)
The following confidentiality provisions shall apply:
(1)
All information and data submitted to the CBPU relating to matters
regulated in this chapter are presumed not to be confidential.
(2)
Information submitted pursuant to this chapter which the user
deems confidential shall be clearly marked by the user on each page
as to the portion or portions considered by the user to be confidential
and accompanied by a written explanation from the user why the user
considers the information confidential. Simply marking a page "confidential"
imposes no obligation on the CBPU to keep the information confidential.
(3)
Information furnished to the CBPU on the volume or characteristics
of wastewater or pollutants discharged or proposed to be discharged
into the POTW shall be available to the public or other governmental
agency without restriction. Information that discloses trade secrets
or secret processes and is clearly marked as such shall not be made
available for inspection by the public except as required by the Michigan
Freedom of Information Act, Act 442 of 1976, as amended (FOIA).[1] Such information shall be made available to governmental
agencies, on written request, for uses related to this chapter, the
National Pollutant Discharge Elimination System (NPDES) permit, and
the pretreatment programs. However, all such information shall be
available for use by the state, any state agency, or the CBPU in judicial
review or any other enforcement proceedings involving the user furnishing
the information. The Director shall notify any user, who has requested
and is entitled to confidentiality, when the CBPU has sent such confidential
information to another governmental agency.
[1]
Editor's Note: See MCLA § 15.231 et seq.
(4)
Where a user has mass-based limits as allowed by certain CPS
on a production basis, the production data necessary to determine
compliance must also be provided by the user to the CBPU and be available
to the public. Where application of the combined waste stream formula
is necessary to apply categorical pretreatment standards to a user,
the flow measurements and other data used in the calculation must
be provided by the user to the Director and be available to the public.
(5)
Observations made by CBPU inspectors are subject to the confidentiality
provisions of this section, if the user specifies in writing to the
CBPU inspector the observations made by the CBPU inspector for which
the user seeks confidentiality.
(6)
If a member of the public requests information which the user
has marked confidential and for which the user has submitted a written
explanation concerning its confidentiality, the Director shall notify
the user of the request and of the CBPU's intention to release or
not to release the information to the requestor.
(a)
Pretreatment plan. Any user subject to an order to pretreat shall
prepare a plan for pretreatment of its discharge to comply with the
order. Such plan shall be submitted to the Director for approval within
the period specified in the order and before implementation of the
plan. The plan shall be prepared in accordance with good engineering
practices. It shall state whether construction is necessary and include
any measures that may be implemented without construction. The plan
shall also contain a schedule of compliance as described in this section.
(1)
Schedule of compliance. The schedule of compliance shall consist
of one or more actions, including enforceable timetables for a sequence
of actions leading to compliance with a pretreatment standard or other
limitation, prohibition, or standard.
(2)
Steps or phases. The following steps or phases shall be included
in the schedule of compliance, where applicable and appropriate:
A.
Retention of a qualified engineer and/or consultant.
B.
Completion of any engineering or scientific investigations or
surveys deemed necessary.
C.
Preparation and submission of a preliminary plan to achieve
pretreatment.
D.
Preparation of plans and specifications, working drawings, or
other engineering or architectural documents that may be necessary
to effect pretreatment.
E.
Establishment of a date to let any contract necessary for any
construction.
F.
Establishment of completion dates for any construction necessary.
G.
Establishment of a date to accomplish the pretreatment pursuant
to the final order.
H.
Establishment of separate timetables for a phase or unit in
the event a phase or unit of construction or implementation may be
effected independently of another phase or unit.
(b)
Amendment. The order shall be subject to amendment or revocation
by the CBPU, provided that notice of such action is served upon the
user in the same manner as in the original order and subject to the
same procedure for review and appeal.
(c)
Categorical pretreatment standards (CPS).
(1)
Inclusion in standard. If a CPS is promulgated for a subcategory
under which a user believes itself to be included, the user or the
CBPU may request from the MDEQ within 60 days after the promulgation
date a written determination of whether the user does or does not
fall within that particular subcategory. Such request shall be made
and reviewed in accordance with the procedures set forth in Michigan
Rule R 323.2311, as amended. If an existing user adds or changes a
process or operation that may be included in a subcategory, the user
shall request the certification before commencing to discharge from
the added or changed process or operation. A new source shall request
the determination before commencing to discharge. If the CBPU requests
the determination, then the CBPU shall notify the affected user of
the submission and the user may provide written comments to the MDEQ
within 30 days after notification is sent.
(2)
Compliance date. A user to which a promulgated CPS applies shall
achieve compliance with such standard in accordance with and within
the time period provided for in Michigan Rule R 323.2311, as amended.
(a)
Each user or person that uses or stores liquid material at its facilities
shall, at its expense:
(1)
Provide a storage or use area at its facilities which is capable
of containing the liquid material so that liquid material cannot escape
therefrom by gravity through private sewers, underground percolation
and infiltration, or otherwise into the POTW in an amount which would
result in a prohibited discharge to the POTW; and
(2)
Establish and follow procedures for preventing, managing, and
remediating accidental spills, leaks, or escapes of liquids.
(b)
The Director may order the user or person to:
(1)
Conduct an investigation to determine if any known or suspected
spill, leak, or escape of liquid materials is being discharged, or
has the potential for being discharged, to the POTW and to submit
a written report on the findings of the investigation to the Director,
including all analytical and hydrogeological data; and
(2)
Take interim measures for immediate or emergency containment
and remediation, for preventing, reducing, abating, or mitigating
the effect(s) of a discharge of liquid material to the POTW.
(c)
A significant nondomestic user shall submit to the CBPU a written
description of its containment facilities and procedures within 30
days after being requested to do so by the Director.
(a)
Compensatory charges. The CBPU may assess one or more compensatory
charges, which are separate from and in addition to any fees, rates
or surcharges due from a user, to recover any additional expense to
the CBPU resulting from providing service to any user responsible
for any of the following:
(b)
Applicability of compensatory charges. Any user shall be liable for
one or more compensatory charges to reimburse the POTW for any costs,
damages, expenses, fines or penalties (direct or indirect) that the
CBPU may incur or that may be imposed on the CBPU in handling, treating,
and responding to an unlawful discharge where the exceedance of the
limits contained in this chapter, an order, SAL, or user permit causes
or contributes to such costs, damages, expenses, fines or penalties.
(c)
Amount of compensatory charges. The Director shall calculate the
amount of the compensatory charges to be assessed against such user.
(d)
Criteria for assessing compensatory charges. The amount of compensatory
charges shall be based upon the following minimum criteria:
(1)
The volume of the discharge;
(2)
The length of time such discharge occurred;
(3)
The composition of such discharge;
(4)
The nature, extent, and degree of success the POTW may achieve
in minimizing or mitigating the effect of such discharge;
(5)
The toxicity, degradability, treatability, and dispersal characteristics
of such discharges;
(6)
Costs incurred by the CBPU to treat the discharges, including
operation and maintenance, capital costs, replacement costs, sampling
and analytical costs, sludge handling and disposal costs, and administrative
costs;
(7)
Costs incurred by the CBPU in investigating the user's violation
and enforcing this chapter or an order or use permit applicable to
the user;
(8)
Fines and penalties imposed on the CBPU. The compensatory charges
may also include the CBPU's costs of defense (including actual attorney
fees, consultant fees, and sampling and analytical fees) of actions
brought or threatened to be brought against the CBPU by the state
or federal government or third parties;
(9)
Any damages to the POTW or damages imposed upon the CBPU by
the state or federal government or third parties;
(10)
Such other factors as the Director deems appropriate under the
circumstances.
(a)
users shall reimburse the CBPU for its costs arising from implementing,
administering, and enforcing this chapter, as follows:
(1)
Use permit fees. Users shall pay a use permit application or
reapplication fee, a use permit renewal fee, and a use permit transfer
fee (in the event of a transfer of the use permit). Fees shall be
established from time to time by resolution of the CBPU and kept on
file by the CBPU. In addition to these fees, users shall reimburse
the CBPU for any and all other expenses the CBPU incurs arising from:
A.
Processing incomplete, incorrect, or otherwise unacceptable
use permit applications;
B.
Establishing special alternative limits or special arrangements,
or local initiative limits;
C.
Sampling and analyzing discharges to the POTW and inspecting
users;
D.
Enforcing use permits;
E.
Producing and mailing copies of use permits;
F.
Auditing and evaluating user self-monitoring data; and
G.
Other activities in connection with issuing, administering,
enforcing and transferring use permits.
(2)
Other fees. The CBPU may establish other fees by use permit
or order, as required for recovering the cost of implementing, administering,
and enforcing this chapter.
(b)
Publication of generally applicable fees. Before imposing generally applicable fees, the Director shall publish a notice describing such fees in the newspaper with the largest circulation in the City. The CBPU shall not be required to publish any notice regarding fees for which the amount is determined for a specific user based on case-specific facts or regarding the use permit application or renewal application fee, use permit issuance fee, use permit renewal fee, or the use permit transfer fee as set forth in Subsection (a) of this section.
The Director is hereby empowered to, either directly or through
others:
(a)
Supervise the implementation of this chapter;
(b)
Establish and promulgate concentration limits and maximum allowable
industrial loadings for specific pollutants, as listed in Tables 1,
2 and 3 in the Appendix at the end of this chapter;[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(c)
Institute actions against all users violating this chapter, including
judicial proceedings to enjoin, abate, and prosecute violations of
this chapter;
(d)
Review pretreatment plans;
(e)
Make inspections and tests of existing and newly installed, constructed,
reconstructed, or altered pretreatment equipment to ensure compliance
with the provisions of this chapter;
(f)
Investigate complaints of violations of this chapter; make inspections
and observations of discharges; and record such investigations, complaints,
inspections, and observations;
(g)
Issue orders requiring compliance with this chapter;
(h)
Determine and assess civil administrative penalties for violations
of this chapter;
(i)
Determine compensatory charges;
(j)
Recommend to the City attorney of the City the institution of judicial
proceedings to compel compliance with the provisions of this chapter
or any determination or order which may be promulgated or issued pursuant
to this chapter;
(k)
Deny permits for discharges that do not meet the requirements of
this chapter or that would cause the CBPU to violate its NPDES permit;
and set conditions on new, increased, or changed discharges to the
POTW;
(l)
Set conditions on new, increased, or changed discharges;
(m)
Perform other actions necessary or advisable for the management and
operation of the POTW and the enforcement of this chapter and other
applicable laws and regulations.
(a)
Issuance of orders. Whenever the Director determines that any user
has violated or is in danger of violating this chapter or other applicable
laws or regulations which the CBPU is authorized to enforce, the Director
may order the user to take action or refrain from certain actions
as appropriate under the circumstances.
(b)
Types of orders. The following orders may be issued by the Director:
(1)
Immediate cease and desist. An order to immediately cease and
desist from discharging any wastewater or pollutant which presents
or may present imminent or substantial endangerment to the health
or welfare of persons or the environment or which could cause interference
or pass-through. Such order shall be final and in effect upon issuance;
(2)
Cease discharge within a time certain. The Director may issue
an order to cease discharge by a certain time and date. The order
may also contain such conditions as deemed appropriate by the Director.
Nonpayment of use permit fees and noncompliance with any term of a
use permit are examples of sufficient cause for an order to cease
discharge within a time certain.
(3)
Order to perform. An order requiring a user subject to this
chapter to perform any required action or to comply with any provision
of this chapter, including, but not limited to, the following:
A.
Submit samples;
B.
Install sampling or monitoring equipment;
C.
Submit reports;
D.
Allow access for inspection, sampling, tests, monitoring, and
investigations;
E.
Install, operate, and maintain pretreatment equipment;
F.
Reduce or eliminate a discharge or pollutants in a discharge
or a characteristic of a discharge;
G.
Pay use permit fees; or
H.
Pay a compensatory charge.
(c)
Content of orders. Any order issued by the Director shall generally
state the factual basis and reasons for its issuance, the required
action, and the time within which such action shall be taken. No such
order shall be deemed insufficient for inconsequential errors and
omissions in the facts or reasons for the order. If any user deems
the information in the order insufficient, it may request additional
information. Multiple orders may be issued simultaneously, separately,
or in combination as a single order by the Director with respect to
a single user.
(d)
Consent orders. A user and the CBPU may enter into an order by consent
and such order is enforceable by the CBPU in the same manner as any
other order.
(e)
Disconnection. The Director may physically disconnect a user from
the POTW if the user violates any provision of an order, including
an immediate cease and desist order.
(a)
Issuance of notice of violation. The Director may issue a notice
of violation with or without an order against any user deemed to be
in violation or in danger of violating this chapter, a permit, or
other applicable laws or regulations which the CBPU is authorized
to enforce.
(b)
Service. The notice of violation or the order shall be served upon
the user either by personal delivery, first class mail addressed to
such user, electronic mail, telecopy, telephone, or other means, including
orally. If service is made orally, by telephone, or by electronic
mail, a follow-up hardcopy notice shall be sent by the Director.
(c)
Content of notice of violation. The notice of violation shall contain
the following information:
(1)
Date of issuance;
(2)
Date(s), time(s), and place(s) of the violation; the nature
of the violation; the substances discharged; and the volume of such
discharge, to the extent that such information is known and applicable;
(3)
Reference to the pertinent section of this chapter, permit,
or other law or regulation under which the violation is charged;
(4)
Reference to the pertinent law establishing fines or penalties
for the violation;
(5)
Potential penalties, fines, and compensatory charges;
(6)
The right of the alleged violator to present to the Director
written explanations, defenses, information, or other materials in
answer to the notice of violation;
(d)
Notice to municipality. Any notice of violation issued pursuant to this section upon any user within the corporate limits of any contract municipality shall be served upon such municipality in the manner provided in Subsection (b) of this section, and such municipality shall be given notice, also in the manner provided in Subsection (b) of this section, of all informal conferences conducted pursuant to such notice of violation and such municipality may participate as an amicus curiae.
(a)
Informal conference. An informal conference with the Director may
be requested in writing within 20 days by any user aggrieved by a
notice of violation, order, compensatory charge, action on or regarding
a use permit by the Director, or inaction by the Director for more
than 60 days after the user makes a written request regarding a matter
on which the CBPU or Director is authorized to take action under this
chapter ("sixty-day inaction"). The request for an informal conference
shall be submitted to the Director. The purpose of the informal conference
is to reach a settlement agreeable to the user and the CBPU. The informal
conference shall be held within 20 days after the user submits the
written request for the informal conference to the Director. The Director
is not required to reach a conclusion or render a decision after the
informal conference. A user is not required to request or participate
in an informal conference before seeking judicial review. Other persons
from the CBPU or representing the CBPU and representatives of the
user may attend and participate in the informal conference.
(b)
If an immediate cease and desist order is the subject of a request
for an informal conference, the informal conference shall be held
as soon as possible, but not later than 20 days after the request
is submitted.
(a)
A user may appeal to the CBPU any notice of violation, order, compensatory
charge, action on or regarding a use permit by the Director, or sixty-day
inaction by filing a written request with the CBPU within 20 days
after the later of:
(b)
The written request shall describe the matter appealed, a summary
of the user's position, a copy of the notice or other document from
the CBPU upon which the appeal is based, and any request by the user
for a special expert member. No appeal may be taken to the CBPU of
any action or decision which is specified in this chapter as being
within the sole discretion of the Director.
(c)
The CBPU may reject any written request for appeal which is not timely
and does not conform to the requirements of this section. Upon receipt
of a timely and conforming written request for appeal, the CBPU shall
set a time for the Director and the user to appear before the CBPU
to present evidence and arguments in support of their positions. The
user and the Director may present witnesses and documentary evidence
to the CBPU. Witnesses shall be sworn and shall be subject to cross-examination.
The proceedings of the CBPU shall be recorded. The rules of evidence
of the courts of the State of Michigan shall not be strictly applied
by the CBPU but shall be a guide for the CBPU in determining which
evidence to admit or exclude and what weight to give the evidence
admitted. On receipt of a request for an appeal, the CBPU shall establish
a timetable for the proceedings and shall promptly render a written
decision stating its findings of fact and conclusions supporting its
decision.
(d)
Costs. If the user requests a transcript of the proceedings, the
user shall pay the cost of preparing the transcript and shall provide
a copy to the CBPU. The user and the CBPU shall pay their own costs
of the CBPU proceeding, including but not limited to attorney fees,
expert witnesses, other witnesses, documents, and tests. The user
requesting the appeal to the CBPU shall pay a fee as established from
time to time by resolution of the CBPU and kept on file by the CBPU.
If the CBPU finds that the user filed a frivolous appeal, or in bad
faith, which has no reasonable basis in fact or law, the CBPU may
assess the user for all of the costs of the CBPU in connection with
the appeal and the user shall pay the same within 30 days.
(e)
Representatives of parties. The parties may be represented by attorneys
in all proceedings before the CBPU.
Appeal from a final decision of the CBPU shall be to a court of law. Judicial review shall be limited to the record from the CBPU proceedings, unless the court allows additional material. The decision of the CBPU shall be reviewed by the court in accordance with the standard of review under applicable law for review of a decision where the person appealing had an opportunity for an evidentiary hearing as described in § 1042.23(c), if it is supported by substantial evidence and is not contrary to law. The user shall be required to exhaust all administrative remedies available under § 1042.23 before seeking judicial review.
(a)
If a user makes a timely request for an informal conference under § 1042.22 or for an appeal to the CBPU under § 1042.23, the order, compensatory charge, or action on or regarding a use permit, which is the subject of a request for an informal conference or appeal to the CBPU, shall be stayed until a final determination is reached. The following shall not be stayed, except by order of a court of law:
(1)
An immediate cease and desist order;
(2)
An order or action on or regarding a user permit that involves
an emergency situation, a threat to public health or safety, a threat
to proper operation of the POTW, interference or pass-through, or
a threat to the environment.
(3)
Any action within the discretion of the Director.
Each day on which a violation of this chapter, a use permit,
or an order occurs shall be a separate violation. Every violation
of each section of this chapter shall be a separate violation.
(a)
Civil judicial relief. The CBPU, through the City Attorney, may pursue an action at law or in equity to enjoin, abate, or prosecute any violation of this chapter, a use permit, or an order. The CBPU may seek temporary or permanent injunctive relief, damages, compensatory charges, civil penalties under Subsection (b) of this section, costs under §§ 1042.17 through 1042.21, and such other relief as a court may order.
(b)
Civil penalties. In an action brought by the CBPU against a user
for violation of this chapter, a use permit, or an order, a court
may impose a civil penalty of up to $1,000 per day per violation.
In calculating the amount of the penalty, the court shall consider
the frequency of the violation; the impact on the POTW, human health,
and the environment; the magnitude and duration of the violation;
the economic benefit to the user from the violation; the compliance
history of the user; and other factors deemed appropriate by the court.
(c)
Municipal civil infraction; civil fine. The Director is authorized to issue a municipal civil infraction citation ("citation") for any violation of this chapter, a use permit, or an order, except for violations punishable under §§ 1042.29 and 1042.31. The civil fine for any violation of this chapter, a use permit, or an order shall be up to $1,000 per violation per day. In calculating the amount of the civil fine, the Director or the court, as applicable, shall consider the frequency of violation by the user, the impact on the POTW and human health and the environment of the violation, the magnitude and duration of the violation, the economic benefit to the user gained by the violation, the compliance history of the user, and other factors deemed appropriate by the court or the Director, as applicable.
(d)
Cumulative remedies. The imposition of a single civil penalty, civil fine, criminal fine, order, damage, or compensatory charge upon a user for a violation of this chapter, a use permit, or an order shall not preclude the imposition by the Director or a court of additional sanctions and remedies with respect to the same violation except that a user shall not have both a civil penalty under Subsection (b) of this section and a civil fine under Subsection (c) of this section imposed on it for the same violation. Prosecution of a criminal action against a user shall not be stayed pending the outcome of a civil action involving the same violation.
(e)
Compensatory charges. In addition to prosecution and the imposition
of penalties and fines for violations, a user violating this chapter,
a use permit, or an order shall be subject to one or more compensatory
charges in accordance with this chapter.
Violations of this chapter, a permit, or an order are a public
nuisance.
Violations - generally. Any user who willfully or intentionally violates any provision of this chapter or any order or use permit issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable as provided in § 202.99 of the City Code. Each day of violation is a separate offense. Any 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 chapter, or a use permit or an order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter or a use permit shall, upon conviction, be guilty of a misdemeanor punishable as provided in § 202.99 of the City Code. Each day of violation is a separate offense.
A user shall have the affirmative defense in any action brought against it alleging a violation of § 1042.08(b)(4), (b)(6), (b)(7)D, (b)(8) or (b)(15) if the user can demonstrate both of the following:
(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 or interference.
(b)
A local limit designed to prevent pass-through or interference was
developed for each Pollutant in the user's discharge that caused pass-through
or interference and the user was in compliance with each local limit
directly before and during the pass-through or interference, or if
a local limit designed to prevent pass-through or interference has
not been developed for the Pollutant that caused pass-through or interference,
the user's discharge directly before and during the pass-through or
interference did not change substantially in nature or constituents
from the user's prior discharge activity when the POTW was regularly
in compliance with its NDPES permit requirements and, in the case
of interference, applicable requirements for sewage sludge use or
disposal.
Any person who violates the following subsections shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 202.99 of the City Code. The notice provisions of § 1042.21 shall not apply to this section.
(a)
Vandalism. No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the POTW.
(b)
Trespass. No person shall partially or fully enter or otherwise access
any structure, appurtenance, or equipment which is a part of the POTW,
except as specifically authorized by the Director.
Any charge, fee, cost, or other amount required to be paid under
this chapter or under any ordinance or resolution of the City relating
to use of the POTW which is not paid when due shall be a lien upon
the premises served by the POTW. The amount may be certified to the
tax assessor collected in the same manner that other special assessments
are collected under the City Charter or by any other lawful means.
The Director shall publish, once per year in the largest daily
newspaper in the City, a public notice of users which, at any time
during the previous 12 months, were in significant noncompliance of
federal, state, or CBPU pretreatment standards or requirements. For
the purposes of this section, a user is in significant noncompliance
if its violation(s) meets one or more of the following criteria:
(a)
Chronic violations of discharge limits, defined here as results in
which 66% or more of all of the measurements taken for the same pollutant
parameter during a six-month period exceed (by any magnitude) the
numeric pretreatment standard or requirement including the instantaneous
limits for that pollutant parameter;
(b)
Technical review criteria (TRC) violations, defined here as results
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement including
instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for
BOD, TSS, and fats, oil and grease, and 1.2 for all other pollutants
except pH);
(c)
Any other violation of a pretreatment discharge limit (daily maximum,
long-term average, instantaneous limit or narrative standard) or requirement
that the Director determines has caused, alone or in combination with
other discharges, interference or pass-through (including endangering
the health of CBPU personnel or the general public);
(d)
Any discharge of a pollutant that has caused imminent danger to human
health, welfare, or to the environment, or has resulted in the Director's
exercise of its emergency authority to halt or prevent such discharge;
(e)
Failure to meet, by 90 days or more after the schedule date of a
compliance schedule milestone contained in a use permit or order,
for starting construction, completing construction, or attaining final
compliance with pretreatment standards;
(f)
Failure to provide required reports such as baseline monitoring reports,
ninety-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules within 30 days after
the due date;
(g)
Failure to accurately report noncompliance; or
(h)
Any other violation or group of violations, which may include a violation
of best management practices, which the Director determines will adversely
affect the operation or implementation of the CBPU's pretreatment
program.
(a)
Upset liability. In the event of an upset, the upset shall be an
affirmative defense for the user to an action against that user for
fines, imprisonment, or civil penalties provided for in this chapter,
but the user shall not have an affirmative defense to an action for
compensatory charges and damages based on an upset. In any proceeding,
the user seeking to establish the occurrence of an upset shall have
the burden of proof by a preponderance of the evidence.
(b)
Conditions necessary for a demonstration of upset. A user who wishes
to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant
evidence, that all of the following apply:
(1)
An upset occurred and the user can identify the cause(s) of
the upset;
(2)
At the time of the upset, the facility was being operated in
a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures;
(3)
The user submitted the following information to the CBPU within
24 hours of becoming aware of the upset (if this information was provided
orally, a written submission was provided within five days):
A.
A description of the discharge and cause of noncompliance;
B.
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue;
C.
Steps taken or planned to reduce, eliminate, and prevent recurrence
of the noncompliance;
(c)
User responsibility in case of upset. The user shall control production
or all discharges to the extent necessary to maintain compliance with
CPS and other applicable discharge limits upon reduction, loss, failure,
or abnormal condition of its process or treatment facility until the
process and facility are restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the user's treatment
facility is reduced, lost, or fails.
(a)
Bypass notice. If a user knows in advance of the need for a bypass,
it shall give notice to the Director if possible, at least 10 days
before the date of the bypass, but in no case less than 24 hours after
the user becomes aware of the need for a bypass.
(b)
A user shall give oral notice of an unanticipated bypass that exceeds
applicable CPS or other applicable discharge limits to the Director
within 24 hours from the time the user becomes aware of the bypass.
A written submission shall also be provided to the Director within
five days of the time the user becomes aware of the bypass. The written
submission shall contain:
(1)
A description of the bypass and its cause;
(2)
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
(3)
The steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass.
(c)
The Director may waive the written report if the oral report has
been received within 24 hours.
(d)
Prohibition of bypass. Bypass is prohibited, and the CBPU may take
enforcement action against a user for a bypass, unless:
(1)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage; and
(2)
There were no feasible alternatives to bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
(3)
The user gave notice required under Subsection (a) of this section.
(e)
POTW-approved bypass. The CBPU may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in Subsection (d) of this section.
(f)
Essential maintenance bypass. A user may allow a bypass to occur if the bypass does not cause pretreatment standards or requirements to be violated, but only if the bypass is also for essential maintenance to assure efficient operation. Such a bypass is not subject to the provisions of Subsections (a), (b) and (c) of this section.
All existing ordinances or parts of ordinances in conflict herewith
are hereby repealed.
The invalidity of any section, clause, or provision in this
chapter shall not affect the validity of any other part of this chapter
which may be given effect without reliance upon any such invalid part
or parts.
