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Subdivision I. In General
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[Code 1974, § 111B-1(1.2)]
The following words, terms, and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC 1251 et seq.
The director of the Michigan Department of Environmental
Quality, or, in the event that the state does not have an approved
state pretreatment program, the administrator of EPA Region 5.
An authorized representative of an industrial/commercial
user may be:
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation;
A general partner or proprietor if the industrial user is a
partnership or proprietorship; or
A duly authorized representative of the individual designated
in this definition if such representative is responsible for the overall
operation of the facilities from which the discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five days at
20° C. expressed in terms of weight and concentration (mg/l).
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drain pipes
inside the walls of the building and conveys it to the building sewer.
A sewer conveying wastewater from the premises of a user
to the POTW.
National categorical pretreatment standards or pretreatment
standards as promulgated under authority of the Act.
A substance amenable to treatment in the Township POTW such
as biochemical oxygen demand, suspended solids, pH, and fecal coliform
bacteria, plus additional pollutants identified in the NPDES permit
of the City of East Lansing POTW designed to treat such pollutants
and which does in fact remove such pollutants to a substantial degree.
Examples of additional pollutants may include: chemical oxygen demand,
total organic carbon, phosphorus and phosphorus compounds, nitrogen
and nitrogen compounds, fats, oils, and greases of animal or vegetable
nature.
All nondomestic sources of indirect discharge other than
industrial users, as defined herein including, but not limited to,
the following: a publicly or privately owned facility where persons
are engaged in the exchange or sale of goods or services, hospitals,
retail establishments, schools and facilities operated by local and
state governments.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
Refers to the approval authority defined in this section
or to the director if the Township has an approved pretreatment program
under the provisions of 40 CFR 403.11.
The discharge of treated or untreated wastewater directly
to the waters of the state.
The person designated by the Township Manager to supervise
the operation of the POTW and who is charged with certain duties and
responsibilities by this article or his duly authorized representative.
The U.S. Environmental Protection Agency or, where appropriate,
the term may also be used as a designation for the administrator or
other duly authorized official of such agency.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
The official Department of Health of Ingham County.
Any waste from holding tanks such as: vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
Any pollutant which is not a compatible pollutant.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
(33 USC 1317) into the POTW, including holding tank waste discharged
into the system.
A source of indirect discharge which source originates from,
but is not limited to, facilities engaged in industry, manufacturing,
business, trade, or research, including the development, recovery,
or processing of natural resources.
Any liquid, solid, semisolid, or gaseous waste from industrial
processes, manufacturing, trades or research, or businesses, including
the development, recovery, or processing of natural resources.
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the City of East Lansing's NPDES permit or reduces the efficiency
of the POTW. The term "interference" also includes interference in
the use of sewage sludge or its disposal by the POTW in accordance
with § 405 or regulations developed pursuant to the Solid
Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more stringent state criteria applicable to the method
of disposal or use employed by the Township.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
which applies to a specific category of industrial user.
Any regulation developed under the authority of § 307(b)
and (c) of the Act and 40 CFR 403.5.
Any watercourse, pond, ditch, lake, or other body of water,
either surface or ground.
Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of
which commence after the publication of proposed pretreatment standards
under § 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 of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
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 installation meeting the criteria of this article
but otherwise alters, replaces, or adds to existing process or production
equipment.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous on-site construction
program:
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this definition.
Sewage or other wastewater which shall be a compatible pollutant
as defined above and with BOD of 300 mg/l or less, suspended solids
of 350 mg/l or less, and total phosphorus of 20 mg/l or less (ASP).
A permit issued pursuant to the national pollution discharge
eliminations system prescribed in § 402 of the Act (33 USC
1342).
All work, materials, equipment, utilities, and other efforts
required to operate and maintain the wastewater transportation and
treatment systems consistent with ensuring adequate treatment of wastewater
to produce an effluent in compliance with the NPDES permit and other
applicable state and federal regulations and including the cost of
replacement.
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the user. An upset does
not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions expressed in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, salt or dirt, and industrial, municipal, and agricultural waste
discharged into the water.
The manmade or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the POTW. The reduction
or alteration can be obtained by physical, chemical, or biological
processes, in plant process changes, or other means, except as prohibited
by 40 CFR 403.6 (d).
Any substantive or procedural requirements related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
The treatment works as defined by § 212 of the
Act which is owned in this instance by the Township. The term "publicly
owned treatment works (POTW)" includes any sewers that convey wastewater
to the POTW treatment plant, but does not include pipes, sewers or
other conveyances not connected to a facility providing treatment.
For the purposes of this article, the term "POTW" shall also include
any sewers that convey wastewater to the POTW from persons outside
the Township who are, by contract or agreement with the Township,
users of the Township's POTW.
That portion of the POTW designed to provide treatment to
wastewater.
Any industrial user of the Township's wastewater disposal
system who has a discharge flow of 25,000 gallons or more per average
work day, has in its waste a toxic pollutant as defined in standards
issued under § 307(a) of the Act, or is found to have a
significant impact, either singularly or in combination with other
discharges on the wastewater treatment system, the quality of sludge,
the system effluent quality, or air emissions generated by the system,
or is likely to cause or contribute to a discharge prohibited by the
Township's NPDES permit.
A classification pursuant to the Standard Industrial Classification
Manual, issued by the Executive Office of the President, Office of
Management and Budget, 1972.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquids and which
is removable by laboratory filtering.
The Charter Township of Meridian, Ingham County, Michigan,
or the Township Board of Meridian Township.
Any pollutant or combination of pollutant listed as toxic
in regulations promulgated by the Environmental Protection Agency
under the provisions of CWA 307(a) or other acts, or included in the
critical materials register promulgated by the MDEQ.
Any person who contributes, causes, or permits the contribution
of wastewater into the Township's POTW.
A charge levied on users of the Township's POTW for the cost
of operation and maintenance of such works and includes the cost and
replacement.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
together with any pollutants which may be present, whether treated
or untreated, which is contributed into or permitted to enter the
POTW.
A permit as set forth in § 78-311(b) of this article.
All streams, irrigation lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private,
which are contained within, flow through, or boarder upon the state
or any portion thereof.
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Cross reference: Definitions generally, § 1-2.
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[Code 1974, § 111B-1(1.3)]
The following abbreviations shall have the designated meanings:
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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Environmental Protection Agency
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L
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Liter
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mg
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Milligrams
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mg/l
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Milligrams per liter
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MWRC
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Michigan Water Resources Commission
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NPDES
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National pollutant discharge elimination system
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POTW
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Publicly owned treatment works
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SIC
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Standard industrial classification
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SWDA
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Solid Waste Disposal Act, 42 US 6901 et seq.
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USC
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United States Code
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TSS
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Total suspended solids
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[Code 1974, § 111B-1(1.1)]
This division shall apply to the Township and to persons outside
the Township who are, by contract or agreement with the Township,
users of the Township POTW. No provisions in this article that are
not contained in this division apply to this division.
[Code 1974, § 111B-1(1.1)]
(a)Â
This division sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
the Township and is intended to enable the Township to comply with
all applicable state and federal laws required by the Clean Water
Act of 1977 and the general pretreatment regulations adopted thereunder
(40 CRF 403).
(b)Â
The objectives of this division are:
(1)Â
To prevent the introduction of pollutants into the Township
wastewater system which will interfere with the normal operation of
the system or contaminate the resulting sludge;
(2)Â
To prevent the introduction of pollutants into the Township
wastewater system which will pass through the system inadequately
treated to receiving waters or the atmosphere or otherwise be incompatible
with the system;
(3)Â
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system; and
(4)Â
To provide for the equitable distribution of the costs of the
municipal wastewater system.
(c)Â
This division provides for the regulation of direct and indirect
contributors to the Township wastewater system through the issuance
of permits to certain nondomestic users and through enforcement of
general requirements for other users, authorizes monitoring and enforcement
activities, requires user reporting, assumes that existing customer's
capacity will not be preempted, and provides for the setting of fees
for the equitable distribution of costs resulting from the program
established herein.
[Code 1974, § 111B-1(1.1)]
Except as otherwise provided herein, the Township Director of
Public Works and Engineering shall, acting under the supervision of
the Township superintendent, administer, implement, and enforce the
provisions of this division.
[Code 1974, § 111B-6.0]
(a)Â
Civil penalties. Any user who is found responsible for having violated
an order of the Township Board or who willfully or negligently failed
to comply with any provision of this division, and the orders, rules,
regulations and permits issued hereunder, shall be liable for a civil
fine of not less than $100 nor more than $500 for each offense. Each
day on which a violation shall occur or continue shall be deemed a
separate and distinct offense. In addition to the penalties provided
herein, the Township may recover its actual costs incurred for any
cleaning, repair, or replacement work caused by a violation and reasonable
attorneys' fees, court costs, court reporters' fees, and other expenses
of litigation by appropriate suit at law against the person found
to have violated this division or the orders, rules, regulations,
and permits issued hereunder.
(b)Â
Criminal penalties. In addition to any other penalty or legal remedy
available to the Township, any person who violates any provision of
this division, or any rule or regulation adopted or issued in pursuance
hereof, or fails to comply with any proper order issued by the Township
hereunder within the time limits specified therein, shall, upon conviction
of such violation, be punished by a fine of not more than $500 and
costs of prosecution or by imprisonment for not more than 90 days
or both such fine and imprisonment as provided by local and state
law. Each act of violation and every day upon which such violation
shall occur shall constitute a separate offense punishable by a like
penalty.
(c)Â
Operations upset deemed affirmative defense. An operations upset
shall constitute an affirmative defense to any action brought by the
Township for noncompliance with the categorical pretreatment standards
of this division, if the following demonstration and requirements
are met:
(1)Â
The industrial user shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
(2)Â
In any enforcement proceeding the industrial user seeking to
establish the occurrence of an upset shall have the burden of proof.
(3)Â
In case of upset the industrial user shall control production
of all discharges to the extent necessary to maintain compliance with
categorical pretreatment standards upon reduction loss or failure
of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement shall apply in the
situation where, among others, the primary source of power of the
facility is reduced, lost, or fails.
[Code 1974, § 111B-3.0]
(a)Â
Purpose. It is the purpose of this section to provide for the recovery
of costs from users of the Township's wastewater disposal system for
the implementation of the program established herein. The applicable
charges or fees shall be set forth within the Township's schedule
of charges and fees.
(b)Â
Charges and fees. The Township may adopt charges and fees which may
include:
(1)Â
Fees for reimbursement of costs of setting up and operating
the Township's pretreatment program;
(2)Â
Fees for monitoring, inspections, and surveillance procedures;
(3)Â
Fees for reviewing accidental discharge procedures and construction;
(4)Â
Fees for filing appeals;
(5)Â
Fees for consistent removal by the Township of pollutants otherwise
subject to federal pretreatment standards;
(6)Â
Fees for permit applications;
(7)Â
Other fees as the Township may deem necessary to carry out the
requirements contained herein.
(c)Â
Separate from other fees. These fees relate solely to the matters
covered by this division and are separate from all other fees chargeable
by the Township.
[Code 1974, § 111B-7.0(7.1)]
The Township Board may make such rules and regulations governing
the operation of the POTW and the collection of charges as it may
deem necessary. The Township director may make such further bylaws,
not inconsistent with actions of the Township Board, as he may deem
necessary for the management and protection of the system. Such rules,
regulations and bylaws shall have the same force and effect as ordinances.
[Code 1974, § 111B-7.0(7.4)]
Any industrial user subject to the reporting requirements of
this division shall retain for a minimum of three years any records
of monitoring activities and results and shall make such records available
for inspection and copying by the course of any unresolved litigation
regarding the industrial user or when required by the director, the
state, or the EPA.
[Code 1974, § 111B-7.0(7.5)]
Any person who knowingly makes any false statements, representation,
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this division,
or wastewater contribution permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this division, shall upon conviction be punished by a fine of
not more than $500 or by imprisonment for not more that 90 days or
both.
[Code 1974, § 111B-7.0(7.7)]
The Township reserves the right to amend this division to provide more stringent limitation or requirements on discharges to the POTW at any time it deems necessary to comply with the objectives set forth in § 78-244. All users then connected to the system at the time of amendment shall comply with any limitations or requirements more stringent than those in effect at the time of the users-connection.
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Subdivision II. Discharge Restrictions
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[Code 1974, § 111B-2.0(2.1)]
(a)Â
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions
apply to all such users of a POTW whether or not the user is subject
to national categorical pretreatment standards or any other national,
state, or local pretreatments standards or requirements.
(b)Â
A user may not contribute any of the following substances to the
Township POTW:
(1)Â
Any liquids, solids, or gases which by reason of their nature
or quantity are or may be sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or the operation of the POTW. At no time
shall two successive readings on any explosion hazard meter at the
point of discharge into the system or at any point in the system be
more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not
limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides, and any other substance with
the Township, the state, or the EPA has notified the user as a fire
hazard or a hazard to the system.
(2)Â
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the wastewater
treatment facilities such as, but not limited to, grease, garbage
with particles greater than 1/2 inch in dimension, animal guts or
tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt
residues, residues from refining or processing of fuel or lubricating
oil, mud or glass grinding or polishing wastes.
(3)Â
Any wastewater having a pH lower than 5.5 or higher than 10.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, and/or personnel of the POTW, unless
the POTW is specifically designed to accommodate such wastewater.
(4)Â
Any wastewater containing toxic pollutants in sufficient quantity,
either singularly or by interaction with other pollutants, to injure
or interfere with any wastewater treatment process, to constitute
a hazard to humans or animals, to create a toxic effect in the receiving
waters of the POTW, or to exceed the limitations set forth in a categorical
pretreatment standard. The toxic pollutants shall include, but not
be limited to, any pollutant identified pursuant to § 307(a)
of the Act.
(5)Â
Any noxious of malodorous liquids, gases, or solids which, either
singularly or by interaction with other wastes, are sufficient to
create a public nuisance or hazard to life or are sufficient to prevent
entry into the sewers for maintenance and repair.
(6)Â
Any substance which may cause the POTW effluent or other product
of the POTW such as residues, sludges, or scums to be unsuitable for
reclamation and reuse or interferes with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines,
or regulations developed under § 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act; or state criteria applicable to the sludge
management method being used.
(7)Â
Any substance which will cause the City of East Lansing to violate
its NPDES and/or state disposal system permit or the receiving water
quality standards.
(8)Â
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(9)Â
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
the POTW which exceeds 40° C. (104° F.), or lower than -1°
C. (30° F.), unless the POTW treatment plant is designed to accommodate
such temperature.
(10)Â
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow rate and/or pollutant concentration which
a user knows or has reason to know will cause interference to the
POTW. In no case shall a slug load have a flow rate or contain concentration
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities, or flow during normal operation.
(11)Â
Any wastewater containing any radioactive waste or isotopes
of such half-life or concentration as to meet or exceed limits established
by the state or federal regulations.
(12)Â
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(c)Â
When the director determines that a user is contributing to the POTW
any of the above-enumerated substances in such amounts as to interfere
with the operation of the POTW, the director shall advise the user
of the impact of the contribution on the POTW and develop effluent
limitations for such user to correct the interference with the POTW
and enforce such effluent limitations in the manner provided in Subdivision
4 of this division.
[Code 1974, § 111B-2.0(2.2)]
No person shall discharge wastewater containing in excess of:
(1)Â
Arsenic—1.0 mg/l.
(2)Â
Cadmium—2.0 mg/l.
(3)Â
Chromium—5.0 mg/l.
(4)Â
Copper—1.0 mg/l.
(5)Â
Cyanide—1.0 mg/l.
(6)Â
Iron—15.0 mg/l.
(7)Â
Lead—1.0 mg/l.
(8)Â
Mercury—0.005 mg/l.
(9)Â
Nickel—3.0 mg/l.
(10)Â
PCB—Minimum detectable level.
(11)Â
Purgable hydrocardorms—BTEX 0.02 mg/l.
(12)Â
Total phosphorus—12 mg/l daily average.
(13)Â
Zinc—5.0 mg/l.
(14)Â
Having a chlorine demand of more than 15 mg/l.
(15)Â
Containing more than 350 mg/l of suspended solids.
(16)Â
A five-day BOD greater than 300 mg/l.
(18)Â
Containing substances which exert a daily chemical oxygen demand
greater than 1,000 mg/l.
(19)Â
Ammonia—20 mg/l daily average.
(20)Â
Phenol—0.02 mg/l.
(21)Â
Oil and grease (total)—100 mg/l.
[Code 1974, § 111B-2.0(2.3)]
State requirements and limitations on discharge shall apply
in any case where they are more stringent than federal requirements
and limitations or the requirement and limitations in this division.
[Code 1974, § 111B-2.0(2.4)]
Upon the promulgation of the federal categorical pretreatment
standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this division for
sources in that subcategory, shall immediately supersede the limitations
imposed under this division. The director shall notify all affected
users of the applicable reporting requirements under 40 CFR 403.12.
[Code 1974, § 111B-2.0(2.5)]
Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Ch. I, Subch. N. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a new source as defined in § 78-241. New sources shall install and have in operating condition and shall startup all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed 90 days, new sources must meet all applicable pretreatment standards.
[Code 1974, § 111B-2.0(2.6)]
Where the Township's wastewater treatment system achieves consistent
removal of pollutants limited by federal pretreatment standards, the
Township may apply to approval authority for modification of specific
limits in the federal pretreatment standards. "Consistent removal"
shall mean the reduction in the amount of a pollutant or alteration
of the nature of the pollutant by the wastewater treatment system
to a less toxic or harmless state in the effluent which is achieved
by the system in 95% of the samples taken measured according to the
procedures set forth in § 403.7(c)(2) of title 40 of the
Code of Federal Regulations, Part 403, "General Pretreatment Regulations
for Existing and New Sources of Pollution," promulgated pursuant to
the Act. The Township may then modify pollutant discharge limits and
the federal pretreatment standards if the requirements contained in
40 CFR 403.7 are fulfilled and prior approval from the approval authority
is obtained. Any user requesting application for modification shall
reimburse the Township for all costs of testing and data compilation
required by 40 CFR 403.7.
[Code 1974, § 111B-2.0(2.7)]
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the director
may convert the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
(1)Â
When calculating equivalent mass-per-day limitations under this section,
the director shall calculate such limitations by multiplying the limits
in the standard by the industrial user's average rate of production.
This average rate of production shall be based not upon the designed
production capacity but rather upon a reasonable measure of the industrial
user's actual longterm daily production, such as the average daily
production during a representative year. For new sources, actual production
shall be estimated using projected production.
(2)Â
When calculating equivalent concentration limitations under this
section, the director shall calculate such limitations by dividing
the mass limitation derived under this section by the average daily
flow rate of the industrial user's regulated process wastewater. This
average daily flow rate shall be based upon a reasonable measure of
the industrial user's actual longterm average flow rate such as the
average daily flow rate during the representative year.
(3)Â
Equivalent limitations calculated in accordance with this section
shall be deemed pretreatment standards for the purposes of § 307(d)
of the Act and this Code. Industrial users will be required to comply
with the equivalent limitations in lieu of the promulgated categorical
standards from which the equivalent limitations were derived.
(4)Â
If categorical pretreatment standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or four-day average limitations, where applied,
the same production of flow figures shall be used in calculating both
types of equivalent limitations.
(5)Â
Any industrial user operating under a control mechanism incorporating
equivalent mass or concentration limits calculated from a production
based standard shall notify the director within two business days
after the user has a reasonable basis to know that the production
level will significantly change within the next calendar month. Any
user not notifying the director of such anticipated change will be
required to meet the mass or concentration limits in its control mechanism
that were based on the original estimate of the longterm average production
rate.
[Code 1974, § 111B-2.0(2.9)]
Except where expressly authorized to do so by an applicable
pretreatment standard or requirement, no industrial user shall ever
increase the use of process water or in any other way attempt to dilute
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with a pretreatment standard or requirement.
The director may impose mass limitations on industrial users which
are using dilution to meet applicable pretreatment standards or requirements
or in other cases where the imposition of mass limitations is appropriate.
[Code 1974, § 111B-2.0(2.10)]
(a)Â
Protective facilities and plans. All categorical and noncategorical
industrial/commercial users with the potential to discharge toxic
substances or prohibited pollutants in amounts which may interfere
with the operation of the POTW shall provide necessary protection
from accidental discharge of prohibited materials or other substances
regulated by this division. Facilities to prevent accidental discharge
or prohibited materials shall be provided and maintained at the user's
cost and expense upon request of the Township. Detailed plans showing
facilities and operating procedures to provide this protection shall
be submitted to the Township for review when required and shall be
approved by the Township before construction of the facility. All
existing users who are required to provide such a plan shall complete
such a plan by May 1, 1985. No user who commences contribution to
the POTW after the effective date of this division shall be permitted
to introduce pollutants into the system until accidental discharge
procedures have been approved by the Township. Review and approval
of such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify the user's facility as necessary
to meet the requirements of this division. In the case of an accidental
discharge, it is the responsibility of all categorical and noncategorical
users to immediately (within 24 hours) telephone and notify the POTW
of the incident. The location shall include location of discharge,
type of waste, concentration and volume, and corrective actions.
(b)Â
Written notice. Within five days following an accidental discharge,
the user shall submit to the director a detailed written report describing
the cause of the discharge and measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage, or other liability which may
be incurred as a result of damage to the POTW or any other damage
to person or property, nor shall such notification relieve the user
of any fines, civil penalties, or other liability which may be opposed
by this article or other applicable law.
(c)Â
Notice to employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of a dangerous discharge. Employers shall
ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedures.
[Code 1974, § 111B-4.0(4.1, 4.2)]
(a)Â
Wastewater dischargers. It shall be unlawful to discharge without
a Township permit to the Township POTW any wastewater except as authorized
by the director in accordance with the provisions of this division.
(b)Â
Wastewater discharge permits. All existing significant industrial
users and any industrial/commercial user, as required by the Township
proposing to connect to or to contribute to the POTW shall obtain
a wastewater discharge permit before connecting to or contributing
to the POTW.
(c)Â
Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the Township an application in the form prescribed by the Township, accompanied by a fee as set forth at § 78-247. Existing significant industrial users shall apply for a wastewater discharge permit within 30 days after the effective date of this division, and proposed new sources shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1)Â
Name, address, and location (if different from the address).
(2)Â
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)Â
Wastewater constituents and characteristics, including, but
not limited to, those mentioned in this division as determined by
reliable bona fide chemical and biological analysis; sampling and
analysis shall be performed in accordance with procedures established
by the EPA pursuant to § 304(g) of the Act and contained
in 40 CFR, pt. 136, as amended.
(4)Â
Time and duration of discharges.
(5)Â
Average daily and instantaneous peak wastewater flow rates,
including daily, monthly, and seasonal variations if any.
(6)Â
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections, inspection manholes,
sampling chambers, and appurtenances by the size, location, and elevation.
(7)Â
Description of activities, facilities, and plant processes on
the premises including all materials which are or could be discharged
to the POTW.
(8)Â
The nature and concentration of any pollutants in the discharge
which are limited by any Township, state, or federal pretreatment
standards or requirements and a statement regarding whether or not
the pretreatment standards or requirements are being met on a consistent
basis, and if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet applicable
pretreatment standards or requirements.
(9)Â
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
user will provide such additional pretreatment and/or implementation
of additional O&M activities. The completion date in this schedule
shall not be later than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to this
schedule:
a.Â
The schedule shall contain reasonably prompt increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards;
e.g., hiring an engineer or other appropriate personnel, completing
preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction,
and all other acts necessary to achieve compliance with this division.
b.Â
No later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the director including, as a minimum, whether or not it complied
with the increment of progress to be met on such date, and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay, and the steps being taken by the user to return
the construction to the schedule established.
c.Â
Under no circumstances shall the Township permit a time increment
for any single step directed toward compliance which exceeds nine
months.
(10)Â
Each product produced by type, amount, process or processes,
and rate of production.
(11)Â
Type and amount of raw materials processed (average and maximum
per day).
(12)Â
Number and type of employees, hours of operation of plant, and
proposed or actual hours of operation of pretreatment system.
(13)Â
Any other information as may be deemed by the Township to be
necessary to evaluate the permit application.
(14)Â
All permit applications shall be signed by a principal executive
officer of the user.
|
The Township will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the Township may issue a wastewater discharge
permit subject to terms and conditions provided herein.
|
(d)Â
Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by subsection (c) above, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the director within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by subsections (c)(8) and (9) of this section.
(e)Â
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this division and all other applicable
regulations, user charges and fees established by the Township. Permits
may contain the following:
(1)Â
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the POTW.
(2)Â
Limits on the average and maximum wastewater constituents and
characteristics.
(3)Â
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
(4)Â
Requirements for installation and maintenance of inspection
and sampling facilities.
(5)Â
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests and reporting schedule.
(6)Â
Compliance schedules.
(8)Â
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Township and affording
Township access thereto.
(9)Â
Requirements for notification of the Township of any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
(11)Â
Other conditions as deemed appropriate by the Township to ensure
compliance with this division.
(f)Â
Net/gross calculation of limits. The director may adjust the categorical
pretreatment standards to reflect the presence of pollutants in the
industrial user's intake water in accordance with this subsection.
(1)Â
Any industrial user wishing to obtain credit for intake pollutants
must make application to the director. Upon request of the industrial
user, the applicable standard will be calculated on a net basis (i.e.,
adjusted to reflect credit for pollutants in the intake water) if
the requirements of subsections (f)(2) and (3) of this subsection
are met.
(2)Â
The industrial user must demonstrate that the control system
it proposes or uses to meet applicable categorical pretreatment standards
would, if properly installed and operated, meet the standards in the
absence of pollutants in the intake waters.
(3)Â
Credit for generic pollutants such as biochemical oxygen demand
(BOD), total suspended solids (TSS), and oil and grease should not
be granted unless the industrial user demonstrates that the constituents
of the generic measure in the user's effluent are substantially similar
to the constituents of the generic measure in the intake water or
unless appropriate additional limits are placed on process water pollutants
either at the outfall or elsewhere.
(g)Â
Permits duration. Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for a period less
than a year or may be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of 180 days prior to the
expiration of the user's existing permit. The terms and conditions
of the permit may be subject to modification by the Township during
the term of the permit as limitations or requirements as identified
in Subdivision 2 of this division are modified or other just cause
exists. The user shall be informed of any proposed changes in his
permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
(h)Â
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new source,
different premises, or a new or changed operation without the approval
of the Township. Any succeeding owner or user shall also comply with
the terms and conditions of all existing permits.
[Code 1974, § 111B-4.0(4.3)]
(a)Â
Generally. Within 90 days following the date for final compliance
with applicable pretreatment standards or, in the case of a new source,
following commencement of the introduction of wastewater into the
POTW, any categorical user subject to pretreatment standards and requirements
shall submit to the director a report showing the measured average
daily and maximum daily flow in gallons per day from regulated process
streams and such other streams as necessary to allow use of the combined
waste stream formula of 40 CFR 403.6(e) and identifying the pretreatment
standards applicable to each regulated process. In addition, the report
shall include the results of sampling and analysis identifying the
nature and concentration (or mass where required) of regulated pollutants
in the discharge from each regulated process. Both daily maximum and
average concentration (or mass) shall be reported. The sample shall
be representative of daily operations and shall be taken in the frequency
and manner provided by 40 CFR 403(12)(b)(5). The report shall state
whether the applicable pretreatment standards or requirement are being
met on a consistent basis and, if not, what additional O&M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements.
(b)Â
Periodic compliance reports:
(1)Â
Any user subject to a pretreatment standard, after the compliance
date of such pretreatment standard or, in the case of a new user,
after commencement of the discharge into the POTW, shall submit to
the director during the months of June and December, unless required
more frequently by the Township, a report indicating the nature and
concentration of prohibited or regulated substances in the effluent
which are limited by such pretreatment standard. In addition, this
report shall include a record of all measured or estimated average
and maximum daily flows for the reporting period. Flows shall be reported
on the basis of actual measurement; however, where cost or feasibility
considerations justify, the Township may accept reports of average
and maximum flows estimated by variable techniques. At the discretion
of the director in consideration of such factors as local high or
low flow rates, holidays, budget cycles, etc., the director for good
cause shown, may agree to alter the months during which the above
reports are to be submitted.
(2)Â
If the director has imposed mass limitations on users, the report
required by subsection (b)(1) of this section shall indicate the mass
of pollutants regulated by pretreatment standard in the effluent of
the user. For industrial users subject to equivalent mass or concentration
limits, the report required by subsection (b)(1) of this section shall
contain a reasonable measure of the user's longterm production rate.
For all other industrial users subject to categorical pretreatment
standards expressed only in terms of allowable pollutant discharge
per unit of production or other measure of operation, the report shall
include the user's actual average production rate for the reporting
period.
Reports of users shall contain the results of sampling and analysis
of the discharge, including the flow and the nature and concentration,
or production and mass where requested by the director of pollutants
contained therein which are limited by the applicable pretreatment
standard. The report shall be based upon data obtained through appropriate
sampling and analysis performed during the period covered by the report,
which data is representative of conditions occurring during the reporting
period. The frequency of monitoring shall be prescribed by the director
to assess and assure compliance by industrial users with applicable
pretreatment standards and requirements. All analysis shall be performed
in accordance with procedures established by the administrator pursuant
to § 304(h) of the Act and contained in 40 CFR, pt. 136
and amendments thereto or with any other test procedures approved
by the administrator. Sampling shall be performed in accordance with
the techniques approved by the administrator.
Where 40 CFR, pt. 136 does not include a sampling or analytical
technique for the pollutant in question, sampling and analysis shall
be performed in accordance with the procedures set forth by the EPA,
or in accordance with any other sampling and analytical procedures
approved by the administrator.
(3)Â
If sampling performed by an industrial user indicated a violation,
the user shall notify the director within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the director within
30 days after becoming aware of the violation.
(c)Â
Reporting requirements, noncategorical discharges. Industrial users
with discharges which are not subject to categorical pretreatment
standards shall submit such reports as the director deems necessary
to verify compliance with all of the general discharge limitations
and prohibitions of this Code.
(d)Â
Base line monitoring report. At least 90 days prior to the commencement
of discharge, new sources, and sources that become industrial users
subsequent to the promulgations of an applicable categorical standard,
shall be required to submit to the director a report which contains
estimates of the measured average daily and maximum daily flow of
process streams and waste streams and flow and amount of regulated
pollutants in the form and containing the information required by
40 CFR, 403.12(b)(1)—(5) and shall include in this report information
on the method of pretreatment intended to be used to meet the applicable
pretreatment standards.
(e)Â
Signatory requirements. All reports required by this section shall
contain the certification statement as set forth in 40 CFR 403.6(a)(2)(ii)
and shall be signed as follows:
(1)Â
By a responsible corporate officer, if the industrial user submitting
the reports required by subsections (a), (b), and (c) of this section
is a corporation. For the purpose of this subsection (e)(1), a responsible
corporate officer means 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 decision-making functions
for the corporation, or the manager of one or more manufacturing,
production, or operation facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25,000,000
(in second quarter $1980), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
(2)Â
By a general partner or proprietor if the industrial user submitting
the reports required by subsections (a), (b), and (c) of this section
is a partnership or sole proprietorship respectively.
(3)Â
By a duly authorized representative of the individual designated
in subsection (e)(1) or (2) of this section if:
b.Â
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or
a position of equivalent responsibility for environmental matters
for the company; and
c.Â
The written authorization is submitted to the Township.
(4)Â
If an authorization under subsection (e)(3) 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 requirements of subsection (e)(1)—(3) of this section
must be submitted to the Township prior to or together with any reports
to be signed by an authorized representative.
[Code 1974, § 111B-4.0(4.4)]
(a)Â
When required by the Township, a user shall provide and operate at
the user's own expense monitoring facilities to allow inspection,
sampling, and flow measurement of each sewer discharge to the Township.
The monitoring facility should normally be situated on the user's
premises, but the Township may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
(b)Â
There shall be ample room in or near such sampling facility to allow
accurate sampling and preparation of samples for analysis. The facility,
sampling, and measuring equipment shall be maintained at all times
in a safe and proper condition at the expense of the user.
(c)Â
Whether constructed on public or private property, monitoring facilities
shall be provided in accordance with the Township's requirements and
all applicable local construction standards and specifications.
[Code 1974, § 111B-4.0(4.5)]
The Township may inspect the facilities of any user to ascertain
whether the purpose of this division is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the Township or their representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The Township, MDEQ and EPA
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling, inspection, compliance monitoring,
and/or metering operations. Where a user has security measures in
force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements
with their security guards so that upon presentation of suitable identification,
personnel from the Township, MDEQ and EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
[Code 1974, § 111B-4.0(4.6)]
(a)Â
Users shall provide necessary wastewater pretreatment as required
to comply with this division and shall achieve compliance with all
federal categorical pretreatment standards within the time limitations
as specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the Township
shall be provided, operated, and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Township for review and shall be acceptable
to the Township before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Township under the provisions
of this division. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Township prior to the user's initiation of the changes.
(b)Â
The Township shall annually publish in the Towne Courier newspaper
a list of the users which had significantly violated any pretreatment
requirements or standards during the 12 previous months. The notification
shall also summarize any enforcement actions taken against the user
during the same 12 months.
(c)Â
All records relating to compliance with pretreatment standards shall
be made available to officials of the EPA or approval authority upon
request.
[Code 1974, § 111B-4.0(4.7)]
(a)Â
BYPASS
SEVERE PROPERTY DAMAGE
Definitions. The following defined terms shall be applied to this
section:
The intentional diversion of wastestreams from any portion
of an industrial user's treatment facility.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(b)Â
Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provision of subsections (c) and (d) of this section.
(c)Â
Notice:
(1)Â
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the Township, if possible at least
10 days before the date of the bypass.
(2)Â
An industrial user shall submit oral notice of an unanticipated
bypass that exceeds applicable pretreatment standards to the Township
within 24 hours from the time the industrial user becomes aware of
the bypass. A written submission shall also be provided within five
days of the time the industrial user becomes aware of the bypass.
The written submission shall contain a description of the bypass and
its cause; the duration of the bypass, including exact dates and times,
and, if the bypass has not been corrected, the anticipated time it
is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the bypass. The director may waive the
written report on a case-by-case basis if the oral report has been
received within 24 hours.
(d)Â
Prohibition of bypass:
(1)Â
Bypass is prohibited, and the Township may take enforcement
action against an industrial user for a bypass, unless:
a.Â
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
b.Â
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment down time. 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
down time or preventative maintenance; and
(2)Â
The director 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)(1) of this section.
[Code 1974, § 111B-4.0(4.8)]
(a)Â
Information and data on a user obtained from reports, questionnaires,
permit applications, permits, monitoring programs, and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Township that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
(b)Â
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this division, the National Pollutant Discharge Elimination System
(NPDES) permit, state disposal system permit, and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
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Subdivision IV. Enforcement
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[Code 1974, § 111B-5.0(5.1)]
(a)Â
The Township may suspend the wastewater treatment service and/or
a wastewater contribution permit when such suspension is necessary,
in the opinion of the Township, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, or the environment,
causes interference to the POTW, or causes the Township to violate
any condition of the NPDES permit.
(b)Â
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the Township shall
take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Township shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Township within 15
days of the date of occurrence.
[Code 1974, § 111B-5.0(5.2)]
Any user who violates the following conditions of this division
or applicable state and federal regulations is subject to having the
permit revoked in accordance with the procedures of this subdivision:
(1)Â
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
(2)Â
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)Â
Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring; or
(4)Â
Violation of conditions of the permit.
[Code 1974, § 111B-5.0(5.3)]
Whenever the Township finds that any user has violated or is
violating this division, wastewater contribution permit, or any prohibition,
limitation, or requirements contained herein, the Township may serve
upon such person a written notice stating the nature of the violation.
Within 30 days of the date of receipt of the notice, the user shall
respond personally or in writing to the Township, advising of its
position with respect to the allegations. The parties shall thereafter
meet to ascertain the veracity of the allegations, and where necessary,
a plan for the satisfactory correction thereof shall be submitted
to the Township by the user.
[Code 1974, § 111B-5.0(5.4)]
(a)Â
The
Township may order any user who causes or allows conduct prohibited
by this division to show cause before the Township Board why the proposed
enforcement action should not be taken. A written notice shall be
served on the user specifying the time and place of a hearing to be
held by the Township Board or its designee regarding the violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause before the Township Board
or its designee why the proposed enforcement action should not be
taken. The notice of the hearing shall be served personally or by
registered or certified mail, return receipt requested, at least ten
days before the hearing. Service may be made on any agent or officer
of the corporation.
(b)Â
The
Township Board may itself conduct the hearing and take the evidence
or may designate any of its member or any officer or employee of the
Township to:
(1)Â
Issue in the name of the Township Board notices of hearings requiring
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)Â
Take the evidence; and
(3)Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Township
Board for action thereon.
(c)Â
At
any hearing held pursuant to this division, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
(d)Â
After
the Township Board has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices, or other related appurtenances
shall have been installed on existing treatment facilities, devices,
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued. Any
person aggrieved by a final order of the Township Board may appeal
to the county circuit court within 20 days of entry of the order.
[Code 1974, § 111B-5.0(5.5)]
If any person discharges sewage, industrial wastes, or other
wastes into the Township's wastewater disposal system contrary to
the provisions of this division, federal or state pretreatment requirements,
or any order of the Township, the Township Attorney may commence an
action for appropriate legal and/or equitable relief in the circuit
court of this county or an action for civil or criminal penalties
in the district court.
[Code 1974, § 111B-5.0(5.6)]
Any user or any interested party shall have the right to request
in writing an interpretation or ruling by the Township on any matter
covered by this division and shall be entitled to a prompt written
reply. In the event that such inquiry is by a user and deals with
matters of performance or compliance with this division for which
enforcement activity relating to an alleged violation is the subject,
receipt of a user's request shall stay all enforcement proceedings
pending receipt of the aforesaid written reply. Appeal of any final
judicial order entered pursuant to this division may be taken in accordance
with local and state law.
[Code 1974, § 111B-5.0(5.7)]
Categorical and noncategorical industrial users who experience an upset in operations which place the user in a temporary state on noncompliance with this division or which could cause problems to the POTW, including any slug loadings as defined by Subsection 78-276(b)(10) shall inform the Township thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written followup report thereof shall be filed by the user with the Township within five days. The report shall specify:
(1)Â
Description of the upset, the cause thereof, and the upset's impact
on a user's compliance status.
(2)Â
Duration of noncompliance, including exact dates and times of noncompliance,
and if the noncompliance continues, the time by which compliance is
reasonably expected to occur.
(3)Â
All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of noncompliance.
