[Code 1992, § 31-61; 11-23-1992 by Ord. No. 1028; 1-28-2008 by Ord. No. 1282]
The following words, terms and phrases, when used in this article,
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, as amended by the
Clean Water Act, and the Water Quality Act of 1987, 33 U.S.C. § 1251
et seq.
A limit set by the City in lieu of the promulgated national
categorical pretreatment standards for integrated facilities in accordance
with the combined waste stream formula, as set by the U.S. Environmental
Protection Agency (EPA).
The Director of the State Department of Environmental Quality.
A responsible corporate officer which is either (i) 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 (ii) 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
dollars, if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures. In a partnership
or sole proprietorship, the term "authorized representative" means
a general partner or proprietor, respectively. A person may be assigned
the responsibility of being an authorized representative by a responsible
corporate officer, general partner, or proprietor with written authorization
submitted to the POTW. This authorization must specify either an individual
or a position having responsibility for the overall operation of the
facility or having overall responsibility for environmental matters
for the company.
Biochemical oxygen demand or the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedure in five days at 20° C., expressed in milligrams per
liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
The pipe extending from the building drain to the public
sewer or other place of disposal.
The intentional diversion of waste streams from any portion
of a nondomestic user's treatment facility.
National categorical pretreatment standards or pretreatment
standards.
A measure of the oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater. It is expressed as
the amount of oxygen consumed from a chemical oxidant in a specified
test. It does not differentiate between stable and unstable organic
matter and thus does not necessarily correlate with biochemical oxygen
demand.
All of the common sewers, lift stations, pumps, and other
equipment of the City and of a municipality which has a contract or
agreement with the City for discharge to the POTW treatment plant
which are primarily installed to receive wastewater and pollutants
directly from users for transmission to the POTW treatment plant.
Any sewer receiving both stormwater and sewage.
The wastestream from industrial facilities where regulated
process effluent is mixed with other wastewaters, either regulated
or unregulated, prior to treatment at the POTW.
The liquid or waterborne wastes from commercial establishments
engaged in buying, selling or exchanging goods or services.
A substance amenable to treatment in the wastewater treatment
plant. Such compatible pollutants include biochemical oxygen demand,
suspended solids, pH and fecal coliform bacteria, plus additional
pollutants identified in the NPDES permit if the publicly owned treatment
works was designed to treat such pollutants or, in fact, does remove
such pollutant to a substantial degree.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or water to which the only pollutant added
is heat.
The organic and inorganic substances, elements or compounds
listed in the most current register compiled by the State Water Resources
Commission.
The charge to users of the POTW for the annual expense of
defraying principal and interest costs for capital improvements of
the POTW.
The discharge of treated or untreated wastewater directly
to the waters of the state.
The Public Works Director, under the direction of the City
Manager, or his or her authorized deputy, agent or representative.
The introduction of pollutants into the POTW which is either
intentional or unintentional.
Residential contributors to a wastewater system.
That which flows out from a point source; outflow.
A plan developed by the utilities manager which details the
procedures indicating how the POTW will investigate and respond to
instances of industrial user noncompliance.
The U.S. Environmental Protection Agency.
The waste from the preparation, cooking and dispensing of
food and from the handling, storage and sale of produce and food.
A single sample which is taken from a wastestream and without
regard to the rate of flow in the wastestream and without regard to
time.
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
character, may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
Any waste from holding tanks found in vessels, chemical toilets,
campers, trailers, or from septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of pollutants from any
source into the POTW, including holding tank waste discharged into
the system.
See "user classes."
A control document issued by the City to a significant industrial
user for the purpose of setting forth limits and conditions for the
discharge of wastewater to the POTW under its approved industrial
pretreatment program.
A solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process.
That which flows in; inflow.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both: (i) inhibits or disrupts the
POTW, its treatment processes or operations, or its sludge processes,
use or disposal; and (ii) therefore, is a cause of a violation of
any requirement of the POTW's NPDES permit, including an increase
in the magnitude or duration of a violation, or of the prevention
of sewage sludge use or disposal in compliance with applicable federal,
state and local regulations.
Milligrams per liter.
Any regulation containing pollutant discharge limits promulgated
by the Environmental Protection Agency in accordance with Section
307b and c of the Act which applies to a specific category of industrial
users.
A permit issued pursuant to Section 402 of the Act.
Any regulation developed under the authority of 307b of the
Act and 40 CFR 403.5, containing pollutant discharge limits.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act 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;
The process or production equipment that causes the discharge
of pollutants at an existing source is totally replaced; 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. This definition, found in
40 CFR 403.3(k), is hereby incorporated and made a part of this article.
Any contributor to a wastewater system which is not a domestic
user.
Sewage characterized by biochemical oxygen demand (BOD) not
exceeding 300 mg/l and suspended solids not exceeding 350 mg/l.
The cost of all labor, materials, equipment, utilities, administration
and other expenses required to operate and maintain the POTW consistent
with adequate treatment of wastewater to produce an effluent and residuals
in compliance with the NPDES permit and other state and federal regulations.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns.
A discharge of pollutants through the POTW into the waters
of the United States in quantities or concentrations which, alone
or in conjunction with a discharge from other sources, is a cause
of a violation of any requirement of the POTW's NPDES permit,
including an increase in the magnitude or duration of a violation.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Any various chemicals, substances or refuse materials, such
as solid waste, sewage, garbage, sewage sludge, chemical wastes, biological
materials, radioactive materials, heat, and industrial, municipal
and agricultural wastes, which impair the quality of water and soil.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Parts per million by weight.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutants or their
properties in wastewater to a less harmful state prior to discharging
or introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, or
process changes by other means, except as prohibited by 40 CFR 403.6d.
Any substantive or procedural requirement related to pretreatment.
National categorical pretreatment standards; alternative discharge limits; or other federal, state or local standards, including the prohibited deposits contained in § 48-87 of this article, whichever are applicable.
A toxic compound identified by Environmental Protection Agency
that can reasonably be expected in the discharges from industries.
Discharges which may interfere with the treatment plant operations.
They include the priority pollutants, hazardous materials, clogging
materials and materials which interfere with the treatment system.
They include but are not limited to the following:
Chemical compounds which interfere with or pass through the
treatment processes.
Materials which create a fire or explosion hazard in the sewers
or treatment works or which release poisonous gases.
Materials which will obstruct the flow in the sewer or treatment
system.
Materials which will change the pH to highly acidic or alkaline.
Water which will increase the treatment plant influent temperature
to above 104° F. (40° C.).
Petroleum oil or grease, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that will cause interference or pass
through or a blockage in the collection system.
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
Any trucked or hauled pollutants, except at discharge points
designated by the utilities manager.
Garbage that has been shredded to such a degree that all
particles shall be carried freely under the flow conditions normally
prevailing in the public sanitary or combined sewer with no particle
larger than one-half inch in any dimension.
Exclusive rights to ownership or control of patents, formulas,
processes, etc., associated with production.
A sewer that is controlled by the City.
The treatment works, as defined by Section 212 of the Act,
which is owned by the City. This definition includes any devices and
systems used in the storage, treatment, recycling and reclamation
of municipal sewage or industrial wastes of a liquid nature. It also
includes sewers, pipes and other conveyances only if they convey wastewater
to the POTW treatment facility. The term also means the City and the
agents of the City charged with such administration, and its legal
authority to administer its systems and programs.
The cost of replacement in whole or in part of any equipment
or facilities of the POTW to ensure continued treatment of wastewater
to produce an effluent and residuals in compliance with the NPDES
permit and other state and federal regulations.
The liquid or waterborne waste discharged from the sanitary
fixtures of dwellings, apartment houses, hotels, office buildings,
factories or institutions.
A sewer intended to receive domestic sewage but to which
stormwaters, surface waters and groundwaters are not intentionally
admitted.
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.
Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such groundwaters, surface waters, stormwaters
or other waters as may be present.
The total of the charges for wastewater collection, treatment
and disposal including costs of operation, maintenance, replacement,
capital improvements, debt service, administration and billing.
A pipe or conduit for carrying sewage.
All facilities for collecting, pumping, treating and disposing
of sewage. See "publicly owned treatment works."
All industrial users subject to categorical pretreatment standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N (40 CFR 400
et seq.); and
Any other industrial user that discharges an average of 25,000
gallons per day or more of process wastewater to the POTW, excluding
sanitary, noncontact cooling water and boiler blowdown wastewater;
contributes a process wastestream which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the POTW treatment
plant or is designated as such by the POTW on the basis that the industrial
user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
An industrial user which meets one or more of the following
criteria:
Chronic violations of wastewater discharge limits, defined as
those in which 66% or more of all the measurements taken during a
six-month period exceed, by any magnitude, a numeric Pretreatment
Standard or Requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1).
Technical review criteria (TRC) violations, defined as those
in which 33% of more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the numeric Pretreatment Standard or Requirement including instantaneous
limits, as defined by 40 CFR 403.3(1) multiplied by the applicable
TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all
other pollutants except pH).
Any other violation of a Pretreatment Standard or Requirement
as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the utilities manager determines
has caused, alone or in combination with other discharges, interference
or pass-through, including endangering the health of POTW personnel
or the general public.
Any discharge of a pollutant that has caused imminent endangerment
to human health or welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority to halt or prevent
such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in an order, permit or other local control
mechanism or enforcement order for starting construction, or attaining
final compliance.
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which the utilities
manager determines will adversely affect the operation or implementation
of the local pretreatment program.
Any solid, semisolid, or liquid residual generated from a
municipal, commercial or industrial wastewater treatment plant, water
supply treatment plant or air pollution control facility.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
which may or may not interfere or pass through the POTW.
A plan required of any nondomestic user by the POTW when
determined to be necessary by the POTW and will include procedures
to prevent adverse impact from accidental spills, including inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, and/or measures and equipment
for emergency response.
The sudden loss of a liquid or solid pollutant from a containment
vessel or containment area or process or piping system or transportation
vehicle.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget 1972, or latest edition.
Any drain or sewer, either natural or artificial, which is
intended expressly for the conveyance of stormwater and uncontaminated
industrial wastes.
That part of the rainfall which reaches the sewers as runoff
from natural land surface, building roofs or pavements or as groundwater
infiltration.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering in accordance with standard laboratory procedure.
Those solids which are retained by a glass fiber filter and
dried to a constant weight at 103° C. to 105° C.
Any pollutant or combination of pollutants identified as
toxic pursuant to Section 307(a) of the Federal Water Pollution Control
Act or other federal statutes or in regulations promulgated by the
State Department of Environmental Quality.
Water which has not come into contact with any substance
used in or incidental to industrial processing operations and to which
no chemical or other substance had been added.
An exceptional incident in which there is unintentional and
temporary noncompliance with pretreatment standards because of factors
beyond the reasonable control of the industrial user. An upset does
not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities,
lack of preventative maintenance, or careless or improper operation.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
A system of charges levied on the users of the POTW for the
user's proportionate share of the cost of operation, maintenance
and replacement expenses.
The classification of the types of users of the POTW, including
residential, multiple-dwelling, commercial, industrial, institutional
and governmental users, as further defined as follows:
COMMERCIAL USERA user of the POTW whose premises is an establishment as listed in the Standard Industrial Classification (SIC) Manual involved in a commercial enterprise, business or service which, based on a determination by the utilities manager, discharges sewage characterized as primarily domestic waste or wastes from sanitary conveniences. Other discharges will be considered industrial user discharges.
GOVERNMENTAL USERAny federal, state, or local government user of the POTW. Other discharges will be considered industrial user discharges.
INDUSTRIAL USERAny user of the POTW that discharges industrial waste to the POTW. Industrial users shall be as identified in the Standard Industrial Classification (SIC) Manual issued by the Office of Management and Budget, as amended and supplemented under the following divisions:
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Division A
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Agriculture, Forestry and Fishing
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|
Division B
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Mining
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Division D
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Manufacturing
| |
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Division E
|
Transportation, Communication, Electric, Gas and Sanitary Services
| |
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Division I
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Services
| |
|
A user in the divisions listed in this subsection may be excluded
from the industrial user class if it is determined by the utilities
manager that the user discharges primarily domestic waste or wastes
from sanitary conveniences.
| ||
INSTITUTIONAL USERAn establishment involved in a social, charitable, religious, or educational function which, based on a determination by the utilities manager, discharges primarily domestic waste or wastes from sanitary conveniences. Other discharges will be considered industrial user discharges.
MULTIPLE-DWELLING USERA user of the POTW whose premises are a permanent multifamily residential dwelling, including buildings having two or more dwelling units, such as but not limited to duplexes, quadraplexes, apartments, mobile homes and condominiums. Transient lodging shall not be included in this class [see Subsection (1) of this definition, Commercial user). Other discharges will be considered industrial user discharges.
RESIDENTIAL USERA user of the POTW whose premises or building is used primarily as a single-family residence by one or more persons. Other discharges will be considered industrial user discharges.
Any liquid or waterborne waste generated by residences, business
activities, institutions, laboratories and industrial establishments,
together with stormwater and groundwater as may be present. Wastewater
includes sewage.
Any arrangement of devices and structures or facilities used
for treating sewage and operated under a current NPDES permit.
An open, natural channel in which a flow of water occurs,
either continuously or intermittently.
[Code 1992, § 31-62; 11-23-1992 by Ord. No. 1028]
The following abbreviations used in this article shall have
the designated meanings:
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ASTM
|
American Society for Testing and Materials
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BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
Chemical oxygen demand
|
|
CWA
|
Clean Water Act
|
|
EPA
|
Environmental Protection Agency
|
|
kg
|
Kilogram
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
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PCB
|
Polychlorinated biphenyl and its aroclors
|
|
POTW
|
Publicly owned treatment works
|
|
SIC
|
Standard Industrial Classification
|
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TSS
|
Total suspended solids
|
[Code 1992, § 31-63; 11-23-1992 by Ord. No. 1028]
(a)
Purpose. For the purpose of protecting the public health and safety,
the City Council hereby establishes standards and regulations for
the use of public and private sewers and drains, the installation
and connection of building sewers and the discharge of waters and
wastes into the public sewer system of the City, which standards and
regulations are set out in this article and which are deemed to be
the absolute minimum consistent with the preservation of the public
health and safety and to fulfill the obligations of the City with
respect to the state and federal law and all rules and regulations
adopted pursuant thereto.
(b)
Scope. This article shall apply to the City and to any person discharging
or proposing to discharge wastewater or other wastes to the POTW,
either by permit or agreement, or otherwise discharge under this article.
Another municipality that discharges into the POTW shall adopt an
ordinance which is substantially equivalent to and shall contain at
least all of the sections and requirements in this article and which
is approved by the utilities manager and State Department of Environmental
Quality as being sufficiently identical.
This article provides for the regulation of discharges into
the POTW through the issuance of permits to significant industrial
users and through enforcement of this article's requirements
against all dischargers into the POTW. This article authorizes monitoring
and enforcement activities and requires discharger reporting.
[Code 1992, § 31-64; 11-23-1992 by Ord. No. 1028]
The complete wastewater disposal system of the City shall be
and remain under the management, supervision and control of the City
Manager, who may employ or designate such persons in such capacity
as he or she deems advisable to carry out the efficient management
and operation of the system. The City Manager may make such rules,
orders or regulations as he or she deems advisable and necessary to
ensure the efficient management and operation of the system, subject,
however, to the rights, powers and duties in respect thereto which
are reserved by law to the City Council.
[Code 1992, § 31-65; 11-23-1992 by Ord. No. 1028]
(a)
The owner or occupant of any property situated within the City upon
which is located a structure in which water is used or is available
for household, commercial, industrial or other purposes shall, at
his or her own expense, cause such property to be connected to an
available public sanitary sewage collection facility, as where required
under the terms of Part 127 of Public Act No. 368 of 1978 (MCL 333.12701
et seq.). Such owner or occupant shall also be required to install
suitable toilet facilities within such structure.
(b)
The owner or occupant of any property situated within the City may
be prohibited from connecting the property to a sanitary sewer, storm
sewer, combined sewer or other wastewater facility when it is determined
by the Director that there is no capacity available to properly convey
or treat the discharge.
(c)
A person operating an existing industrial or commercial enterprise
where a storm sewer or natural or artificial watercourse is available
or becomes available in the future and is within 100 feet of his or
her property line shall be required, at his or her expense, to install
a connection to convey all cooling water and uncontaminated industrial
wastes to such storm sewer or natural or artificial watercourse within
the time set by the Director, upon a determination by the Director
that such a connection is feasible. Upon making a determination that
such a connection is feasible, the Director shall set a reasonable
time limit within which the person is required to make the connection,
which time limit shall not be less than 90 days nor more than two
years from the time of written notice from the Director to the person
to make such connection.
(d)
The connection to an available public sanitary sewage collection
facility, as well as a connection to a storm sewer or a conduit to
a natural or artificial watercourse for the transport of stormwater
or noncontact cooling water, shall be considered a private service
lead. The maintenance, operation, and replacement of such private
service leads, including that portion within the City right-of-way
and/or under a City street, shall be the responsibility of the owner
from the connection point at the sewer tap to the premises being served.
[Code 1992, § 31-66; 11-23-1992 by Ord. No. 1028]
Where a public sanitary or combined sewer is not available under § 48-85, the building sewer may be connected to a private sewage disposal system approved by the Director.
[Code 1992, § 31-67; 11-23-1992 by Ord. No. 1028; 7-14-1997 by Ord. No. 1124; 10-22-2012 by Ord. No. 1345]
Except as otherwise specifically provided, no person shall discharge
or cause to be discharged any of the following described matter, material,
waters or wastes into a sanitary or combined sewer:
(1)
Any liquid or vapor or any pollutants which create a fire or explosion
hazard in the POTW, including but not limited to liquids, solids,
or other waste streams with a closed cup flashpoint of less than 140°
F. or 60° C. using the test methods specified in 40 CFR 261.21.
(2)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass-through.
(3)
Any water or waste which may contain more than 50 mg/l of animal
or vegetable fat, oil, or grease.
(4)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquids, solids or gas which could create a fire or explosion hazard
in the POTW.
(5)
Any grease, oil or other substance that will become solid or viscous
at temperatures between 32° and 140° F.
(6)
Solid or viscous pollutants in amounts which will cause obstruction
to the flow in the POTW, whether or not the obstruction results in
interference.
(7)
Any garbage that has not been properly shredded.
(8)
Pollutants which will cause corrosive structural damage to the POTW,
but in no case discharges with a pH lower than 6.0 or higher than
11.0, or other properties capable of causing damage or hazard to structures,
equipment, and personnel of the POTW.
(9)
Any waste flow or batch discharge containing concentrations of the
following, in excess of:
|
1.86
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mg/l of zinc as Zn
| |
|
3.98
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mg/l of total chromium as Cr
| |
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0.56
|
mg/l of silver as Ag
| |
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3.2
|
mg/l of copper as Cu
| |
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0.43
|
mg/l of Cadmium as Cd
| |
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0.0002
|
mg/l of mercury as Hg (nondetectable using EPA method 245.1)
|
(10)
Any pollutant, including but not limited to oxygen demanding pollutants
(BOD, etc.), phosphorous, ammonia, nitrates, sugars or other nutrients
in a discharge at a flow rate and/or pollutant concentration which
will cause interference or pass-through or other adverse effect to
the POTW.
(11)
Any paints, oils, lacquers, thinners or solvents, including any waste
containing a toxic or deleterious substance, in sufficient quantity
to impair the wastewater treatment process or constitute a hazard
to employees working in the sewer system or treatment plant.
(12)
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems or a public nuisance.
(13)
Any water or waste containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the wastewater treatment plant.
(14)
Any waste containing any insoluble substance that will not pass one-fourth-inch
mesh screen.
(15)
Any radioactive waste or isotopes of such half-life or concentration
as may exceed limits established by applicable state or federal regulations.
(16)
Waste from any individual sewage disposal system.
(17)
Any sludge, precipitate or congealed substance resulting from an
industrial or commercial process or resulting from the pretreatment
of wastewater or air pollutants.
(18)
Any waste defined as a hazardous waste or otherwise designated as
a hazardous waste under the rules, definitions and terms of Part 111
of Public Act No. 451 of 1994 (MCL 324.11101 et seq.), known as the
Hazardous Waste Management Act, without prior written approval of
the utilities manager.
(19)
Any trucked or hauled pollutants, except at discharge points designated
by the utilities manager.
(20)
Heat in amounts of which will inhibit biological activity in the
POTW resulting in interference, but in no case heat in such quantities
that the temperature of the influent at the POTW treatment plant exceeds
40° C. (104° F.) unless the State Department of Environmental
Quality, upon request of the POTW, approves alternate temperature
limits.
(21)
Any polychlorinated biphenyl (PCB) in detectable quantities using
approved Environmental Protection Agency methods as described or otherwise
contained in 40 CFR 136.
(22)
Any waters or wastes having a five-day biochemical oxygen demand
(BOD) greater than 3,120 mg/l.
(23)
Any waters or wastes containing more than 2,977 mg/l of suspended
solids.
(24)
Any waters or wastes containing a total phosphorus content in excess
of 100 mg/l.
[Code 1992, § 31-68; 11-23-1992 by Ord. No. 1028; 7-14-1997 by Ord. No. 1124; 10-22-2012 by Ord. No. 1345]
(a)
Approval of certain wastes prior to discharge to a sewer shall be
subject to the review and approval of the utilities manager. Such
approval shall be required for the admission into the public sanitary
or combined sewers of any waters or wastes:
(1)
Having an average daily flow greater than 2% of the average
daily flow of the POTW;
(2)
From surface water, groundwater, or leachate collection associated
with land filling operations;
(3)
From any operation associated with the collection or pumpage
or treatment of groundwater;
(4)
From the collection or pumpage or treatment of impounded surface
waters; or
(5)
From holding tanks or trucked wastes.
(b)
Sewage having excessive strength above the surcharge threshold, as
follows, shall be subject to a surcharge for such excessive strength
on a per pound basis:
|
Parameter
|
Surcharge Threshold
(mg/l)
| |
|---|---|---|
|
BOD
|
300
| |
|
Total suspended solids
|
350
| |
|
Total phosphorus
|
13
| |
|
Ammonia nitrogen
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[Code 1992, § 31-69; 11-23-1992 by Ord. No. 1028; 7-14-1997 by Ord. No. 1124]
(a)
Where necessary under this article, in the opinion of the utilities
manager:
(1)
The owner shall provide, at his or her expense, such pretreatment
as may be necessary to reduce the biochemical oxygen demand (BOD)
to 2,900 mg/l and the suspended solids (TSS) to 3,500 mg/l, to control
toxic or deleterious substances, and to control the quantities and
rates of discharge of such waters or wastes.
(2)
The utilities manager shall have the authority to:
a.
Deny or condition new or increased contributions of pollutants
or changes in the nature of pollutants to the POTW by nondomestic
users.
b.
Require compliance with applicable pretreatment standards and
requirements by nondomestic users.
c.
Control, through permit order or similar means, the contribution
to the POTW by each industrial user to ensure compliance with applicable
pretreatment standards and requirements.
d.
Require:
1.
The development of a compliance schedule by each nondomestic
user for the installation of technology required to meet applicable
pretreatment standards and requirements; and
2.
The submission of all notices and self-monitoring reports from
nondomestic users as are necessary to assess and ensure compliance
by nondomestic users with pretreatment standards and requirements,
including but not limited to the reports required in 40 CFR 403.12.
e.
Carry out all inspection, surveillance and procedures necessary
to determine, independent of information supplied by nondomestic users,
compliance or noncompliance with applicable pretreatment standards
and requirements by nondomestic users. The utilities manager or representatives
of the POTW shall be authorized to enter any premises of any nondomestic
user in which a discharge or treatment system is located to copy or
inspect those records which are required to be kept on the premises
under 40 CFR 403.12(n) to ensure compliance with pretreatment standards.
(b)
Plans, specifications and any other pertinent information relating
to proposed preliminary treatment facilities shall be submitted for
the review and approval of the utilities manager, who may seek review
by the appropriate agency of the state. No construction of such facilities
shall be commenced until such review has been completed and the proposed
pretreatment facilities approved by the Director in writing.
(c)
Where pretreatment facilities are provided for any wastes or waters,
they shall be maintained continuously in satisfactory and effective
operation by the owner at his of her expense. Any person required
to utilize preliminary treatment facilities shall, upon the request
of the utilities manager, submit to the utilities manager records
of samplings taken from waste discharges.
(d)
The utilities manager shall have the authority to:
(1)
Identify and locate all possible nondomestic users which might
be subject to the POTW pretreatment program.
(2)
Identify the character and volume of pollutants contributed
to the POTW by nondomestic users. This information will be made available
to the utilities manager upon request.
(3)
Notify nondomestic users of applicable pretreatment standards.
(4)
Receive and analyze self-monitoring reports and other notices
submitted by nondomestic users in accordance with the self-monitoring
requirements in 40 CFR 403.12.
(5)
Randomly sample and analyze the effluent from nondomestic users
and conduct surveillance and inspection activities in order to identify
occasional and continuing noncompliance with pretreatment standards.
(6)
Develop an enforcement response plan containing detailed procedures
indicating how the POTW will investigate and respond to instances
of nondomestic user noncompliance.
(7)
Develop an industrial user permit system for significant industrial
users which shall control the nature and characteristics of discharges
from these users. Any permit issued by the utilities manager under
this system shall be enforceable and shall have the full authority
of law as though the specifications of the permit are contained in
this article, in accordance with the enforcement response plan.
(8)
Investigate instances of noncompliance with pretreatment standards
and requirements and permit violations in accordance with the enforcement
response plan.
(9)
Require nondomestic users to develop and implement a slug control
plan.
(10)
Require nondomestic users to install control manholes on building
sewers carrying process waste.
(11)
Issue and enforce industrial user permits.
(e)
Bypass. Procedures for bypass shall be as follows:
(1)
Notice of bypass. Notice of bypass shall be given in accordance
with the following:
a.
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the POTW, if possible at least 10
days before the date of the bypass.
b.
An industrial user shall orally notify the POTW of an unanticipated
bypass that exceeds applicable pretreatment standards or requirements
within 24 hours of becoming aware of the bypass. A written submission
shall also be provided within five days of becoming aware of the bypass.
The written submission shall contain the following:
(2)
Prohibition of bypass. Enforcement actions and approval procedures
for bypass are as follows:
a.
Bypass is prohibited and the POTW may take enforcement action
against an individual user for a bypass, unless:
1.
The bypass was unavoidable to prevent loss of life, personal
injury or severe property damage;
2.
There are no feasible alternatives to bypass, such as use of
auxiliary treatment facilities, retention of wastes or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate backup equipment should have been installed
to prevent bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
3.
The industrial user submitted notices as required by Subsection
(e)(1) of this section.
b.
The utilities manager may approve an anticipated bypass, after
considering its adverse effects, if the POTW determines that it will
meet the three conditions listed in Subsection (e)(2)a of this section.
[Code 1992, § 31-70; 11-23-1992 by Ord. No. 1028]
(a)
Grease, oil and sand traps shall be provided when, in the opinion
of the utilities manager, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts, sand and
other harmful ingredients. Such traps shall not be required for private
living quarters or dwelling units. All traps shall be of a type and
capacity approved by the utilities manager and shall be located so
as to be readily and easily accessible for cleaning and inspection.
Grease and oil traps shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped
with easily removable covers which, when bolted in place, shall be
gastight and watertight.
(b)
All grease, oil and sand traps shall be maintained by the owner,
at his or her expense, in continuously efficient operation at all
times.
[Code 1992, § 31-71; 11-23-1992 by Ord. No. 1028]
(a)
No person shall discharge or cause to be discharged into any storm sewer or natural or artificial watercourse any uncontaminated process waters or wastes other than stormwater, except upon special agreement or arrangement with the Director, who shall seek review by the appropriate agency of the state. Such discharge shall be subject to the limitations as provided in §§ 48-87 and 48-88 and the provisions of a valid NPDES permit issued by the state to the discharger.
(b)
In addition, industrial users may be required by federal law to obtain
an NPDES permit for stormwaters discharging directly to the surface
waters of the state. Affected industrial users are hereby required
to make application to State Department of Environmental Quality for
a valid NPDES permit to discharge stormwater as required by federal
law.
(c)
All stormwater discharged to the City's municipal collection
system shall comply with the requirements of the City's municipal
stormwater NPDES permit.
[Code 1992, § 31-72; 11-23-1992 by Ord. No. 1028]
(a)
Water from roofs of buildings, window wells, driveway drains, catchbasins
or any other source of surface water from real property shall not
be discharged to a sanitary sewer but may be discharged to the ground
surface or to a storm sewer, if available.
(b)
As of February 2004, water from footing drains from any new construction
shall not be discharged to a sanitary or combined sewer. Footing drains
must be discharged through a sump pump to the surface of the ground
or directly to the storm sewer, if available.
[Code 1992, § 31-73; 11-23-1992 by Ord. No. 1028]
(a)
National pretreatment standards (Title 40 CFR) from federal regulations
specifying quantities or concentrations of pollutants or pollutant
properties which may be discharged or introduced to a POTW by existing
or new industrial users in specific industrial categories are hereby
adopted and incorporated by reference, as fully as if set out at length
in this article. These standards shall apply to existing and new sources
as determined by federal regulations which are or may be promulgated.
(b)
The national categorical standards, found in 40 CFR Chapter I, Subchapter
N, Parts 405 through 471, are hereby incorporated into this article
and made a part of this article.
(c)
The standards, requirements, limitations, and regulations contained
in 40 CFR 403, General Pretreatment Regulations for Existing and New
Sources of Pollution, as amended, are hereby adopted and incorporated
by reference, as fully as if set out at length and are made a part
of this article.
[Code 1992, § 31-74; 11-23-1992 by Ord. No. 1028; 1-28-2008 by Ord. No. 1282]
(a)
This section details special requirements for persons discharging
process wastes to the POTW.
(b)
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.
(c)
Any nondomestic user or other enterprise discharging process flow
to a sanitary sewer, storm sewer or receiving stream and any person
who applies for or receives sewer service or through the nature of
his or her enterprise creates a potential environmental problem or
significantly alters the character or quantity of an existing discharge
to the POTW may be required to comply with the following:
(1)
File with the utilities manager a written statement setting
forth the nature of the enterprise; the source and amount of water
used; the amount of water to be discharged, with its present or expected
bacterial, physical, chemical, radioactive or other pertinent characteristics
of the wastes.
(2)
File with the utilities manager a plan map of the building,
works or complex, with each outfall to the surface waters, sanitary
sewer, storm sewer, natural watercourse or groundwaters noted and
described and the wastestream identified.
(3)
Sample, test and file reports with the City and the appropriate
state agencies on appropriate characteristics of wastes on a schedule,
at locations and according to methods approved by the utilities manager.
(4)
Place waste treatment facilities, process facilities, wastestreams,
or other potential waste problems under the specific supervision and
control of persons who have been certified by an appropriate state
agency as properly qualified to supervise such facilities.
(5)
Provide a report on raw materials entering the process or support
system, intermediate materials, final products and waste byproducts,
as those factors may affect waste control.
(6)
Maintain records and file reports on the final disposal of specific
liquids, solids, sludges, oils, radioactive materials, solvents or
other wastes.
(7)
Submit nondomestic user control survey forms or other forms
and self-monitoring reports.
(8)
Submit industrial user permit applications.
(9)
Install a control manhole or building sewer.
(d)
Any nondomestic user which does not normally discharge to the sanitary sewer, storm sewer or receiving stream, but has the potential to do so from accidental spills or similar circumstances, shall, when requested by the utilities manager, comply with Subsection (c) of this section.
(e)
All industrial users shall promptly notify the POTW in advance of
any substantial change in the volume or character of pollutants in
their discharge, including the listed or characteristic hazardous
wastes for which the industrial user has submitted initial notification
under 40 CFR 403.12(p).
(g)
New sources shall install and have in operating condition, and shall
start up 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.
(h)
All significant industrial users shall be controlled by an industrial
user permit. This control document shall be issued by the City for
a stated duration of time not to exceed five years.
A significant industrial user discharging under an industrial
user permit shall make application for a new industrial user permit
not later than 180 days before the expiration date of its current
permit. The significant industrial user shall be required to complete
the application form in its entirety as it is supplied by the City.
All new sources which are significant industrial users shall
submit an industrial user permit application not later than 90 days
prior to discharge. For significant industrial users which are also
subject to categorical pretreatment standards, this application shall
also include all the information as required in 40 CFR 403.12(b)(e)
and (h), including a description of operation, flow measurement, and
measurement of pollutants. This is referred to as a "baseline monitoring
report" in the federal regulations.
All permits issued under this article are nontransferable without
prior written approval of the City.
(i)
Within 90 days following the date for final compliance with applicable
categorical pretreatment standards or for a new source following commencement
of the introduction of wastewater into the POTW, any industrial user
subject to pretreatment standards and requirements shall submit to
the POTW a report containing all the information described in 40 CFR
403.12 known as the ninety-day compliance report. For industrial users
subject to equivalent mass or concentration limits established by
the City, this report shall contain a reasonable measure of the user's
long term production rate. For all other industrial users subject
to categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production or other measure of operation,
this report shall include the user's actual production during
the appropriate sampling period.
(j)
All significant industrial users shall submit to the POTW during
the months of June and December a report indicating the nature and
concentration of pollutants in the effluent which are limited by applicable
pretreatment standards, known as the six-month compliance report.
All requirements for this report shall be stated in the significant
industrial user's industrial user permit. This report must comply
with all requirements of 40 CFR 403.12.
(k)
If sampling performed by an industrial user indicates a violation
of any applicable pretreatment standard, the user shall notify the
POTW 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 POTW within 30 days after becoming aware
of the violation.
(l)
All reports required of industrial users in this article 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.
[Code 1992, § 31-75; 11-23-1992 by Ord. No. 1028]
(a)
All sampling measurements, tests and analysis of the characteristics of waters and wastes pursuant to this article shall be determined in accordance with 40 CFR 136. Samples may be taken at the control manhole provided for in § 48-97. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. In addition, national pretreatment standards may require that testing or sampling be done at a process discharge within a nondomestic user's facility, or the utilities manager may direct such sampling be carried out.
(b)
Where a treated regulated process wastestream is combined prior to
treatment with wastewaters other than those generated by the regulated
process, the industrial user may monitor either the segregated process
wastestream or the combined wastestream for the purpose of determining
compliance with applicable pretreatment standards. If the industrial
user chooses to monitor the segregated process wastestream, it shall
apply the applicable pretreatment standard. If the industrial user
chooses to monitor the combined wastestream, it shall apply an alternative
discharge limit calculated using the combined wastestream formula
as provided for in 40 CFR 403.6(e). The industrial user may change
monitoring points only after receiving approval from the utilities
manager.
[Code 1992, § 31-76; 11-23-1992 by Ord. No. 1028]
Under this article, required corrective treatment may be required
to be accomplished before wastes reach the sewer. All of the preceding
specific conditions of this article are to apply at the point where
wastes are discharged into a public sanitary or combined sewer, except
for categorical standards which apply to the specific industrial process,
and all chemical and/or mechanical corrective treatment must be accomplished
to practical completion before this point is reached.
[Code 1992, § 31-77; 11-23-1992 by Ord. No. 1028]
When required by the utilities manager, the owner of any property
served by a building sewer carrying industrial or commercial wastes
shall install one or more suitable control manholes in the building
sewer, to facilitate observation, sampling and measurement of wastes.
Such manholes, when required, shall be accessible and safely located
and shall be constructed in accordance with plans approved by the
utilities manager. The manholes shall be installed by the owner at
his or her expense and shall be maintained by him or her so as to
be safe and accessible at all times. All significant industrial users
shall install a control manhole in the building sewer of process flow
as required by the utilities manager. More than one control manhole
may be required.
[Code 1992, § 31-78; 11-23-1992 by Ord. No. 1028]
(a)
The utilities manager may require an industrial user and/or nondomestic
user to provide such site access, right of entry, technical data,
self-monitoring reports, or other pertinent information which he or
she deems necessary to make possible:
(1)
Identification of types of pollutants stored and handled by
nondomestic users.
(2)
Identification of possible spill situations.
(3)
The development of a spill prevention plan for approval by the
POTW.
(4)
Development of procedures to enable City representatives to
routinely inspect industrial spill prevention facilities.
(5)
Development and enforcement of procedures that require immediate
reporting of all spill events to the City representative.
(6)
Establishment of an emergency response plan to deal with spills
that includes wastewater treatment plant operators, police, fire and
medical care facilities.
(7)
Implementation of a program offering assistance and guidance
to industries in preventing spills.
(b)
The utilities manager may, upon identification of a containment site
or other potential spill situation, require an industrial user or
nondomestic user to:
(1)
Submit plans and specifications for construction of an appropriate
containment device for his or her approval.
(2)
Require construction of such an approved containment device
within a reasonable period of time upon written notice to the user
of such requirement.
(3)
Inspect and approve the final construction of such containment
device or facilities.
(4)
Determine the required volume, materials, location and other
such technical considerations as he or she may deem necessary to ensure
adequate protection of the POTW surface waters and the groundwaters
of the state.
(c)
The State Department of Environmental Quality's guidelines for
planning, constructing and maintaining such facilities or devices
shall normally be followed; however, the utilities manager may impose
additional and/or more restrictive requirements as he or she deems
such necessary to ensure the safe and proper operation of the POTW.
(d)
Electrical transformers and capacitors containing polychlorinated
biphenyl (PCB) in any quantity shall be diked or otherwise isolated
so that any spill of fluid from the electrical transformer or capacitor
cannot enter sanitary, storm, or combined sewer systems; surface waters;
or groundwaters of the state, either directly or indirectly.
[Code 1992, § 31-79; 11-23-1992 by Ord. No. 1028]
(a)
Information and data on a nondomestic user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the nondomestic user specifically
requests and is able to demonstrate to the satisfaction of the utilities
manager that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the nondomestic 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 article, 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.
(c)
Information accepted by the utilities manager as confidential shall
not be transmitted to the general public by the utilities manager
until and unless a ten-day notification is given to the nondomestic
user.
[Code 1992, § 31-80; 11-23-1992 by Ord. No. 1028]
Nothing in this article is intended to affect any pretreatment
requirements, including any standards or prohibitions, established
by state or local law as long as the state or local requirements are
not less stringent than any set forth in national pretreatment standards
or any other requirements or prohibitions established under the Act.
[Code 1992, § 31-81; 11-23-1992 by Ord. No. 1028]
(a)
The utilities manager or his or her duly authorized representative
shall have authority to halt or eliminate immediately and effectively
any actual or threatened discharge of pollutants to the POTW which
present or may present an imminent or substantial endangerment to
the health or welfare of persons or to the environment or causes interference
with the operation of the POTW.
(b)
Any person notified of a suspension of the wastewater treatment service
shall immediately stop or eliminate the discharge. If the person fails
to comply voluntarily with the suspension order, the utilities manager
shall take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW,
the receiving stream, or endangerment to any individuals. The utilities
manager shall reinstate 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 utilities manager within 15 days of the
date of occurrence.
[Code 1992, § 31-82; 11-23-1992 by Ord. No. 1028]
The utilities manager and other duly authorized employees of
the City, bearing proper credentials and identification, shall be
permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing, in accordance with
this article. Any person who applies for or receives sewer services
from the City shall be deemed to have consented to inspections pursuant
to this section, including entrance upon that person's property
at reasonable times to make such inspections.
[Code 1992, § 31-83; 11-23-1992 by Ord. No. 1028]
The discharge into any sewer in the City of any substance which
exceeds the limitations contained in this article or violates any
provision of an industrial user permit, order, agreement, or in any
manner fails to conform to this article is hereby declared to be unlawful
and a public nuisance.
[Code 1992, § 31-84; 11-23-1992 by Ord. No. 1028]
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the POTW.
[Code 1992, § 31-85; 11-23-1992 by Ord. No. 1028]
(a)
Notification of violation. Any person found to be violating any section of this article, including any permit or agreement or order, except § 48-104, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within or at the expiration of the period of time stated in such notice, permanently cease all violations. Any person who shall continue any violation beyond the time limit provided shall be guilty of a violation of this article. Noncompliance progress reports may be required until correction is achieved.
(b)
Consent orders. The utilities manager is hereby empowered to enter
into consent orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with the user responsible
for the noncompliance. Such orders will include compliance schedules,
stipulated fines or remedial actions, and signatures of the utilities
manager and user. Consent orders shall have the same force and effect
as this article and are enforceable as if set forth in this article.
(c)
Show cause order. The utilities manager may order any user which
causes or contributes to violation of this article, wastewater permit
or order issued under this article to show cause why a proposed enforcement
action should not be taken. The notice of hearing shall be served
personally or by registered or certified mail, return receipt requested,
at least 10 days prior to the hearing. Such notice may be served on
any principal executive, general partner, corporate officer, or user.
Whether or not a duly notified user appears as noticed, enforcement
action may be pursued as appropriate.
(d)
Compliance order. When the utilities manager finds that a user has
violated or continues to violate this article or a permit or order
issued under this article, he or she may issue an order to the user
responsible for the discharge directing that, following a specified
time period, sewer service shall be discontinued unless adequate treatment
facilities, devices, or other related appurtenances have been installed
and are properly operated and compliance is achieved. Orders may also
contain such other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including the installation
of pretreatment technology, additional self-monitoring and management
practices.
(e)
Cease and desist orders. When the utilities manager finds that a
user has violated or continues to violate this article or any permit
or order issued under this article, the utilities manager may issue
an order to cease and desist all illegal or authorized discharges
immediately, in accordance with the following:
(1)
In an emergency, the order to cease and desist may be given
by telephone.
(2)
In nonemergency situations, the cease and desist order may be
used to suspend service or permanently revoke industrial wastewater
discharge permits.
(3)
The cease and desist order may order the user to take such appropriate
remedial or preventive action as may be needed to properly address
a continuing or threatened violation, including halting operations
and terminating the discharge.
(f)
Termination of permit. Significant industrial users proposing to
discharge into the POTW must first obtain an industrial user permit
from the POTW. Any user who violates the following conditions of this
article or a wastewater discharge permit or order or any applicable
state or federal law is subject to permit termination:
(1)
Violation of permit conditions.
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(3)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(4)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling.
Noncompliant industrial users will be notified of the proposed
termination of their wastewater permit and be offered an opportunity
to show cause under Subsection (c) of this section why the proposed
action should not be taken.
[Code 1992, § 31-86; 11-23-1992 by Ord. No. 1028]
The Director is hereby authorized to bring any appropriate action
in the name of the City, either at law or in chancery, as may be necessary
or desirable to:
[Code 1992, § 31-87; 11-23-1992 by Ord. No. 1028; 3-23-1998 by Ord. No. 1148]
(a)
Except as specifically noted in Subsection (b) of this section, any POTW user who is found to have willfully or negligently failed to comply with any section of this article and the orders, rules, regulations and permits issued under this article shall be deemed to have committed a municipal civil infraction and shall be liable to the City for a civil penalty of not less than $1,000 for each offense plus actual damages incurred by the POTW. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this subsection, the City may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate action at law against the person found to have violated this article or the orders, rules, regulations, and permits issued under this article.
(c)
The Director may petition the court to impose, assess and recover such sums as provided in Subsection (a) of this section. In determining the amount of liability, the court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
[Code 1992, § 31-88; 11-23-1992 by Ord. No. 1028]
(a)
No abatement contained in this article shall be construed as preventing
any special agreement or arrangement between the City and any person
whereby any waste of unusual strength or character may be accepted
by the City for treatment, subject to payment therefor by such person.
Special agreements shall only be made for compatible/ conventional
pollutants. No special agreements shall be made for categorical process
flows.
(b)
Any such special agreement or arrangement between the City and any
person may be denied or conditioned to ensure that no new or increased
contributions of pollutants to the POTW or changes in the nature of
pollutants discharged to the POTW occur by a nondomestic user where
such contributions do not meet applicable pretreatment standards and
requirements or where such contributions would cause the POTW to violate
its NPDES permit or cause pass through, interference, or sludge contamination.
[Code 1992, § 31-89; 11-23-1992 by Ord. No. 1028]
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or industrial user permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by the imposition of penalties in accordance with § 1-16, which states penalties for violation of this Code.
[Code 1992, § 31-91; 11-23-1992 by Ord. No. 1028]
Any nondomestic user shall have the right to request in writing
an interpretation or ruling by the City on any matter covered by this
article and shall be entitled to a prompt written reply. If such inquiry
is by a nondomestic user and deals with matters of performance or
compliance with this article for which enforcement activity relating
to an alleged violation is the subject, receipt of a nondomestic user's
written request shall stay all enforcement proceedings pending receipt
of the written reply.
[Code 1992, § 31-92; 11-23-1992 by Ord. No. 1028]
The City shall make annual public notification, in the largest
daily newspaper, of industrial users which, at any time during the
previous 12 months, were in significant noncompliance with applicable
pretreatment requirements or any permit or order issued under this
article.
[Code 1992, § 31-93; 11-23-1992 by Ord. No. 1028]
(a)
The utilities manager may adopt charges and fees under this article
which may include the following:
(1)
Fees for reimbursement of costs of setting up and operating
the POTW pretreatment program.
(2)
Fees for monitoring, inspection and surveillance procedures,
including the cost of reviewing monitoring reports submitted by the
industrial user.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit applications, including the cost of processing
such applications.
(5)
Fees for filing appeals.
(6)
Other fees as the utilities manager may deem necessary to carry
out the requirements contained in this article.
[Code 1992, § 31-94; 11-23-1992 by Ord. No. 1028]
(a)
Definition. For the purposes of this section, the term "upset" means
an exceptional incident in which there is unintentional and temporary
noncompliance with pretreatment standards because of factors beyond
the reasonable control of the industrial user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventative maintenance, or careless or improper operation.
(b)
Effect of upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of Subsection (c) of this section are met.
(c)
Conditions necessary for demonstration of upset. An industrial user
who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other
relevant evidence, that:
(1)
An upset occurred and the industrial user can identify the cause
of the upset.
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(3)
The industrial user has submitted the following information
to the POTW within 24 hours of becoming aware of the upset; if this
information is provided orally, a written submission must be provided
within five days:
a.
A description of the discharge and cause of noncompliance.
b.
The period of noncompliance, including exact dates and times,
or, if not corrected, the anticipated time the noncompliance is expected
to continue.
c.
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(d)
Burden of proof. In any enforcement proceeding, the industrial user
seeking to establish the occurrence of an upset shall have the burden
of proof.
(e)
Use responsibility. The industrial user shall control production
or all discharges to the extent necessary to maintain compliance with
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 applies in the situation where,
among other things, the primary source of power of the treatment facility
is reduced, is lost or fails.
[Code 1992, § 31-95; 11-23-1992 by Ord. No. 1028]
(a)
Any industrial user subject to the reporting requirements established
in this article shall maintain records of all information resulting
from any monitoring activities required by this article. Such records
shall include for all samples the following:
(b)
Any industrial user subject to the reporting requirements of this
article shall retain for a minimum of three years any records of monitoring
activities and results, whether or not such monitoring activities
are required by this section, and shall make such records available
for inspection and copying. This period of retention shall be extended
during the course of any unresolved litigation concerning this article.
[Code 1992, § 31-96; 11-23-1992 by Ord. No. 1028]
(a)
Any industrial user, except as specified in Subsection (e) of this section, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR 261 shall notify the POTW in writing of such discharge.
(b)
All hazardous waste notifications shall include the following:
(1)
The name of the hazardous waste as set forth in 40 CFR 261;
(2)
The Environmental Protection Agency hazardous waste number;
(3)
The type of discharge (continuous, batch, or other); and
(4)
A certification that the user has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the degree
it has determined to be economically practical.
(c)
In addition to the information submitted in § 48-113, discharging more than 100 kg of hazardous waste per calendar month to the POTW shall contain, to the extent such information is known and readily available, the following:
(1)
An identification of the hazardous constituents contained in
the waste;
(2)
An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month; and
(3)
An estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months.
(d)
Hazardous waste notifications shall be submitted no later than 10 days from commencing the discharge of listed or characteristic hazardous wastes. Any notification under this subsection need be submitted only once for each hazardous discharge, although notifications of changed discharges must be submitted under § 48-94(e).
(e)
Industrial users are exempt from the hazardous waste notification
requirement during a calendar month in which they discharge 15 kg
or less of nonacute hazardous wastes. Discharge of any quantity of
acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e)
requires a one-time notification.
