Subdivision I. In General
[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:
ACT and THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
APPROVAL AUTHORITY
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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL/COMMERCIAL USER
An authorized representative of an industrial/commercial user may be:
(1) 
A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(2) 
A general partner or proprietor if the industrial user is a partnership or proprietorship; or
(3) 
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.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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).
BUILDING DRAIN
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.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS
National categorical pretreatment standards or pretreatment standards as promulgated under authority of the Act.
COMPATIBLE POLLUTANT
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.
COMMERCIAL USER
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.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CONTROL AUTHORITY
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.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the state.
DIRECTOR
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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
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.
GRAB SAMPLE
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.
HEALTH DEPARTMENT
The official Department of Health of Ingham County.
HOLDING TANK WASTE
Any waste from holding tanks such as: vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant.
INDIRECT DISCHARGE
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.
INDUSTRIAL USER
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.
INDUSTRIAL WASTE
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.
INTERFERENCE
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.
NATIONAL CATEGORICAL PRETREATMENT STANDARD and PRETREATMENT STANDARD
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.
NATIONAL PROHIBITIVE DISCHARGE STANDARD and PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of § 307(b) and (c) of the Act and 40 CFR 403.5.
NATIONAL OUTLET
Any watercourse, pond, ditch, lake, or other body of water, either surface or ground.
NEW SOURCE
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:
(1) 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(2) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) 
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.
a. 
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.
b. 
Construction of a new source as defined under this definition has commenced if the owner or operator has:
1. 
Begun or caused to begin as part of a continuous on-site construction program:
i. 
Any placement, assembly, or installation of facilities or equipment; or
ii. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the new source facilities or equipment; or
2. 
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.
NORMAL DOMESTIC STRENGTH WASTEWATER
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).
NPDES PERMIT
A permit issued pursuant to the national pollution discharge eliminations system prescribed in § 402 of the Act (33 USC 1342).
OPERATION AND MAINTENANCE (O&M)
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.
OPERATIONS UPSETS
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.
pH
The logarithm (base 10) of the reciprocal of the weight of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
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.
POLLUTION
The manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
PRETREATMENT and TREATMENT
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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
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.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
SIGNIFICANT INDUSTRIAL USER
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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
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.
TOWNSHIP
The Charter Township of Meridian, Ingham County, Michigan, or the Township Board of Meridian Township.
TOXIC POLLUTANT
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.
USER
Any person who contributes, causes, or permits the contribution of wastewater into the Township's POTW.
USER CHARGE
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.
WASTEWATER
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.
WASTEWATER CONTRIBUTION PERMIT
A permit as set forth in § 78-311(b) of this article.
WATERS OF THE STATE
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.
Cross reference: Definitions generally, § 1-2.
[Code 1974, § 111B-1(1.3)]
The following abbreviations shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
Environmental Protection Agency
L
Liter
mg
Milligrams
mg/l
Milligrams per liter
MWRC
Michigan Water Resources Commission
NPDES
National pollutant discharge elimination system
POTW
Publicly owned treatment works
SIC
Standard industrial classification
SWDA
Solid Waste Disposal Act, 42 US 6901 et seq.
USC
United States Code
TSS
Total suspended solids
[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) 
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) 
The objectives of this division are:
(1) 
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) 
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) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) 
To provide for the equitable distribution of the costs of the municipal wastewater system.
(c) 
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) 
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) 
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) 
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) 
The industrial user shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. 
An upset occurred and the industrial user can identify the specific cause of the upset.
b. 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedure.
c. 
The industrial user has submitted to the director the oral and written notifications required by § 78-285.
(2) 
In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(3) 
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) 
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) 
Charges and fees. The Township may adopt charges and fees which may include:
(1) 
Fees for reimbursement of costs of setting up and operating the Township's pretreatment program;
(2) 
Fees for monitoring, inspections, and surveillance procedures;
(3) 
Fees for reviewing accidental discharge procedures and construction;
(4) 
Fees for filing appeals;
(5) 
Fees for consistent removal by the Township of pollutants otherwise subject to federal pretreatment standards;
(6) 
Fees for permit applications;
(7) 
Other fees as the Township may deem necessary to carry out the requirements contained herein.
(c) 
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.
[Code 1974, § 111B-2.0(2.1)]
(a) 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatments standards or requirements.
(b) 
A user may not contribute any of the following substances to the Township POTW:
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature which will inhibit biological activity in the POTW 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) 
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) 
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) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(c) 
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) 
Arsenic—1.0 mg/l.
(2) 
Cadmium—2.0 mg/l.
(3) 
Chromium—5.0 mg/l.
(4) 
Copper—1.0 mg/l.
(5) 
Cyanide—1.0 mg/l.
(6) 
Iron—15.0 mg/l.
(7) 
Lead—1.0 mg/l.
(8) 
Mercury—0.005 mg/l.
(9) 
Nickel—3.0 mg/l.
(10) 
PCB—Minimum detectable level.
(11) 
Purgable hydrocardorms—BTEX 0.02 mg/l.
(12) 
Total phosphorus—12 mg/l daily average.
(13) 
Zinc—5.0 mg/l.
(14) 
Having a chlorine demand of more than 15 mg/l.
(15) 
Containing more than 350 mg/l of suspended solids.
(16) 
A five-day BOD greater than 300 mg/l.
(17) 
Having any quantity or substance having a characteristic described in § 78-276.
(18) 
Containing substances which exert a daily chemical oxygen demand greater than 1,000 mg/l.
(19) 
Ammonia—20 mg/l daily average.
(20) 
Phenol—0.02 mg/l.
(21) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
Name, address, and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater constituents and characteristics, including, but not limited to, those mentioned in 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) 
Time and duration of discharges.
(5) 
Average daily and instantaneous peak wastewater flow rates, including daily, monthly, and seasonal variations if any.
(6) 
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) 
Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged to the POTW.
(8) 
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) 
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. 
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. 
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. 
Under no circumstances shall the Township permit a time increment for any single step directed toward compliance which exceeds nine months.
(10) 
Each product produced by type, amount, process or processes, and rate of production.
(11) 
Type and amount of raw materials processed (average and maximum per day).
(12) 
Number and type of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system.
(13) 
Any other information as may be deemed by the Township to be necessary to evaluate the permit application.
(14) 
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) 
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) 
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) 
The unit charge or schedule of user charges and fees for the wastewater to be discharged to the POTW.
(2) 
Limits on the average and maximum wastewater constituents and characteristics.
(3) 
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule.
(6) 
Compliance schedules.
(7) 
Requirements for submission of technical reports or discharge reports (see § 78-312).
(8) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Township and affording Township access thereto.
(9) 
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.
(10) 
Requirements for notification of slug discharges, accidental discharges and operations upsets as per §§ 78-285 and 78-347.
(11) 
Other conditions as deemed appropriate by the Township to ensure compliance with this division.
(f) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
Periodic compliance reports:
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
By a duly authorized representative of the individual designated in subsection (e)(1) or (2) of this section if:
a. 
The authorization is made in writing by the individual described in subsection (1) or (2) of this section;
b. 
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. 
The written authorization is submitted to the Township.
(4) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
Definitions. The following defined terms shall be applied to this section:
BYPASS
The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
SEVERE PROPERTY DAMAGE
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) 
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) 
Notice:
(1) 
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) 
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) 
Prohibition of bypass:
(1) 
Bypass is prohibited, and the Township may take enforcement action against an industrial user for a bypass, unless:
a. 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment 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
c. 
The industrial user submitted notices as required under subsection (c) of this section.
(2) 
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) 
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) 
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.
[Code 1974, § 111B-5.0(5.1)]
(a) 
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) 
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) 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(2) 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) 
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) 
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) 
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) 
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) 
Take the evidence; and
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Township Board for action thereon.
(c) 
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) 
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) 
Description of the upset, the cause thereof, and the upset's impact on a user's compliance status.
(2) 
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) 
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.