It shall be unlawful to discharge to the waters of the state
within the Township, or in any area under the jurisdiction of such
Township and/or to the sewage works or POTW, any wastewater except
as provided by an NPDES permit and/or as authorized by the Township
and the PTUD in accordance with the provisions of this Part 4.
All industrial users proposing to connect to or to contribute
to the sewage works shall submit information on the use, processes
and wastewater to the Director before connecting to or contributing
to the sewage works. The information submitted must be sufficient
for the YCUA and PTUD to determine the impact of the user's discharge
on the sewage works or POTW and the need for pretreatment. The user
shall submit, in units and terms appropriate for evaluation, the following
information:
A. The name, address and location of the user.
B. The SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, as amended and the industrial category subject to National Categorical Pretreatment Standards, 40 CFR, Chapter
1, Subchapter N, Part 403, Appendix C, if applicable.
C. Wastewater constituents and characteristics, including but not limited to those pollutants mentioned in Article
VII of this Part
4, when required by the Director, as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 (March 26, 2007), as amended from time to time. Where 40 CFR Part 136 (March 26, 2007) does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods of any other applicable sampling and analytical procedures, including procedures suggested by the publicly owned treatment works or other parties, approved by the EPA.
D. The time and duration of contribution.
E. The average daily wastewater flow rates, including daily, monthly
and seasonal variations, if any.
F. Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation, if the user is a SIU or as required by the
PTUD.
G. A description of activities, facilities and plant processes on the
premises, including all materials, which are or could be discharged.
H. The nature and concentration of any pollutants in the discharge which
are limited by any Township, POTW, state, or federal pretreatment
standards, and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance and/or additional pretreatment
is required by the industrial user to meet applicable pretreatment
standards.
I. 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 shall be provided. 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:
(1) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards.
(2) No increment referred to in Subsection
I(1) of this section shall exceed nine months.
(3) Not 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. In no event shall more
than nine months elapse between such progress reports to the Director.
J. Each product produced by type, amount, process or processes and rate
of production.
K. The type and amount of raw materials processed, average and maximum
per day.
L. The number and type of employees, hours of operation of plant and
proposed or actual hours of operation of pretreatment system.
M. Any other information as may be deemed by the Director to be necessary
to evaluate the impact of the discharge on the sewage works.
Within 180 days of the promulgation or revision of a categorical
pretreatment standard, or 180 days after the final administrative
decision made upon a category determination submission under R 323.2311(2)
of the Part 23 Rules promulgated under the State Act, whichever is
later, existing nondomestic users subject to the categorical pretreatment
standards and currently discharging, or scheduled to discharge, to
the POTW shall submit, to the PTUD and YCUA, a report that contains
all of the information listed in this section. Where reports containing
this information already have been submitted to the PTUD, YCUA or
EPA in compliance with the requirements of 40 CFR 128.140(b) (1977),
the nondomestic user will not be required to submit the information
again. Not less than 90 days before the commencement of a discharge,
sources that become nondomestic users subsequent to the promulgation
of an applicable categorical standard and new sources shall be required
to submit, to the PTUD and YCUA, a report that contains the information
listed in Subsections A through E of this section. New sources shall
also be required to include in this report information on the method
of pretreatment the source intends to use to meet applicable pretreatment
standards. New sources shall give estimates of the information requested
in Subsections D and E of this section. All of the following information
shall be submitted pursuant to this section:
A. The name and address of the facility, including the name of the operator
and owners.
B. A list of any environmental control permits held by or for the facility.
C. A brief description of the nature, average rate of production, and
standard industrial classification of the operation or operations
carried out by the nondomestic user. The description shall include
a facility drawing and schematic process diagram that indicates points
of discharge to the POTW and from which processes the discharges originate.
D. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW for each of the following:
(1) Regulated process streams.
(2) Other streams as necessary to allow use of the combined waste stream
formula specified in R 323.2311(6). PTUD or the POTW may allow for
verifiable estimates of these flows where justified by cost or feasibility
considerations.
E. All of the following information shall be provided with respect to
the measurement of pollutants:
(1) The identity of the pretreatment standards, including state or local
standards, applicable to each regulated process.
(2) The results of sampling and analysis identifying the nature and concentration
or mass, where required by the standard, PTUD or YCUA, of regulated
pollutants in the discharge from each regulated process. Both daily
maximum and average concentration or mass, where required, shall be
reported. The sample shall be representative of daily operations.
(3) A minimum of four grab samples shall be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. For all other
pollutants, twenty-four-hour composite samples shall be obtained through
flow-proportional composite sampling techniques where feasible. The
PTUD may waive flow-proportional composite sampling for any nondomestic
user that demonstrates that time-proportional sampling is representative
of the discharge during the sampling period. Samples may be obtained
through time-proportional composite sampling techniques or through
a minimum of four grab samples as approved by the Director or designee
when the user demonstrates that this will provide a representative
sample of the effluent being discharged.
(4) With the exception of the pollutants specified in Subsection
E(3), the user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.
(5) Samples should be taken immediately downstream from pretreatment
facilities if the facilities exist or immediately downstream from
the regulated process if pretreatment facilities do not exist. If
other wastewaters are mixed with the regulated wastewater before pretreatment,
the nondomestic user should measure the flows and concentrations necessary
to allow use of the combined waste stream formula specified in R 323.2311(7)
to evaluate compliance with the pretreatment standards. Where an alternate
concentration or mass limit has been calculated in accordance with
R 323.2311(5), the adjusted limit and supporting data shall be submitted
to PTUD and YCUA.
(6) Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 (March 26, 2007). Where 40 CFR Part
136 (March 26, 2007) does not contain sampling or analytical techniques
for the pollutant in question, or where the EPA determines that the
Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by PTUD,
YCUA or other parties, approved by the EPA.
(7) The PTUD or POTW may allow the submission of a baseline report that
utilizes only historical data if the data provides information sufficient
to determine the need for industrial pretreatment measures.
(8) The baseline report shall indicate the time, date, and place of sampling
and the methods of analysis and shall certify that the sampling and
analysis is representative of normal work cycles and expected pollutant
discharges to the POTW or sewage works.
F. A statement, reviewed by an authorized representative of the nondomestic
user and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance or additional pretreatment
is required for the nondomestic user to meet the pretreatment standards
and requirements.
G. If additional pretreatment or operation and maintenance will be required
to meet the pretreatment standards, the shortest schedule by which
the nondomestic user will provide such additional pretreatment or
operation and maintenance. The completion date in the schedule shall
not be later than the compliance date established for the applicable
pretreatment standard. All of the following conditions shall apply
to compliance schedules:
(1) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the nondomestic user to meet the applicable categorical pretreatment
standards. The events may include any of the following:
(a)
The hiring of an engineer;
(b)
Completing preliminary plans;
(d)
Executing contracts for major components;
(f)
Completing construction; or
(g)
Other similar major events.
(2) An increment referred to in this subsection shall not be more than
nine months.
(3) Not later than 14 days following each date in the schedule and the
final date for compliance, the nondomestic user shall submit a progress
report to PTUD and YCUA, including, at a minimum, whether or not the
user complied with the increment of progress to be met on a particular
date and, if not, the date on which the user expects to comply with
the increment of progress, the reason for delay, and the steps being
taken by the nondomestic user to return the construction to the schedule
established. Not more than nine months shall elapse between progress
reports to PTUD and YCUA.
H. Where the nondomestic user's categorical pretreatment standard has been modified by a removal allowance under R 323.2311(7) or a fundamentally different factors variance under R 323.2313(b) at the time the nondomestic user submits the report required by this rule, the information required by Subsections
F and
G of this section shall pertain to the modified limits.
I. Any changes to information requested under Subsection
A through
E of this section shall be submitted by the nondomestic user to PTUD and YCUA within 60 days.
A. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction at of wastewater into the sewage works, POTW or the WWTP, any nondomestic user subject to pretreatment standards and requirements shall submit to the Director and YCUA a report containing the information required in §
36-48D through
F, inclusive, of Article
V of this Part
4. For industrial users subject to equivalent mass or concentration limits established by PTUD or POTW in accordance with the procedures in R 323.2311(5) of the Part 23 Rules promulgated under the State Act or otherwise established by the Act or the State Act or rules promulgated thereunder, the report shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report shall include the nondomestic user's actual production during the appropriate sampling period.
B. The PTUD or POTW may impose mass limitations on users, which are
using dilution to meet applicable pretreatment standards or requirements,
or in other cases in which the imposition of mass limitations is appropriate.
C. All of the following provisions shall apply to periodic reports on
continued compliance:
(1) Any nondomestic user subject to a categorical pretreatment standard after the compliance date of the pretreatment standard or, in the case of a new source, after commencement of the discharge into the publicly owned treatment works shall submit, to the PTUD and YCUA semiannually, unless required more frequently in the pretreatment standard or by the PTUD, a report indicating the nature and concentration of pollutants in the effluent that are limited by the categorical pretreatment standards. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in §
36-48D of this Part
4, except that PTUD or POTW may require more detailed reporting of flows.
(2) Where PTUD has imposed mass limitations on nondomestic users as provided for by R 323.2311(5) of the Part 23 Rules promulgated under the State Act or where such limitations are otherwise established by the Act or the State Act or Rules promulgated thereunder, the report required by Subsection
C(1) immediately above shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the nondomestic user.
(3) For nondomestic users subject to equivalent mass or concentration limits established by the PTUD, or POTW or under the Act or the State Act or Rules promulgated thereunder, the report required by Subsection
C(1) immediately above shall contain a reasonable measure of the nondomestic user's long-term production rate. For all other nondomestic 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 required by Subsection
C(1) immediately above shall include the nondomestic user's actual average production rate for the reporting period.
D. All categorical and noncategorical nondomestic users shall notify
the PTUD and YCUA immediately of all discharges that could cause problems
to the POTW, including any sludge loadings.
E. All of the following provisions apply to significant industrial users
that are categorical industrial users or noncategorical industrial
users in regards to monitoring and analysis to demonstrate continued
compliance:
(1) The reports required in §
36-48 of this Part
4 or in this section 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 PTUD or POTW of pollutants contained in the discharge that are limited by the applicable pretreatment standards. The sampling and analysis may be performed by the PTUD or POTW instead of the nondomestic user. Where the PTUD or POTW elects to perform the required sampling and analysis instead of the nondomestic user, the nondomestic user will not be required to submit the compliance certification required under §
36-48F of this Part
4 and Subsection
A of this section. In addition, where the PTUD or POTW collects all the information required for the report, including flow data, the nondomestic user will not be required to submit the report. The PTUD or POTW shall provide, to the nondomestic user, within 10 days after the results are available, the results of any sampling the PTUD or POTW performs for nondomestic user self-monitoring that show a violation of any pretreatment standard. Any certification required by a categorical pretreatment standard shall be included with the semiannual compliance reports.
(2) If sampling performed by a nondomestic user indicates a violation
of pretreatment standards, the nondomestic user shall notify the PTUD
or POTW and YCUA within 24 hours of becoming aware of the violation.
The nondomestic user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the PTUD and YCUA within
30 days after becoming aware of the violation; however, the nondomestic
user is not required to resample if the PTUD performs sampling at
the nondomestic user at a frequency of at least once per month or
if the PTUD or POTW performs sampling at the nondomestic user between
the time when the nondomestic user performs its initial sampling and
the time when the nondomestic user receives the results of the sampling.
(3) The reports required in Subsection
C of this section 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 PTUD or POTW may require a frequency of monitoring that is necessary to assess and assure compliance by nondomestic users with applicable pretreatment standards and requirements.
(4) All analyses shall be performed in accordance with procedures established
by the EPA pursuant to Section 304(h) of the Clean Water Act and contained
in 40 CFR Part 136 (March 26, 2007) or with any other test procedures
approved by the EPA. Sampling shall be performed in accordance with
the techniques approved by the EPA. Where the provisions of 40 CFR
Part 136 (March 26, 2007) do not include sampling or analytical techniques
for the pollutants in question, or where the EPA determines that the
Part 136 (March 26, 2007) sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analyses shall be performed
using validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the PTUD, YCUA or other
parties and approved by the EPA.
(5) If a nondomestic user monitors any pollutant more frequently than required by the PTUD or POTW using the procedures prescribed in Subsection
E(4) immediately above, the results of the monitoring shall be included in the report.
(6) A minimum of one grab sample shall be used for pH, cyanide, total
phenols, oil and grease, sulfide, and volatile organics. For all other
pollutants, twenty-four-hour composite samples shall be obtained through
flow-proportional composite sampling techniques. The PTUD and YCUA
may waive flow-proportional composite sampling for any nondomestic
user that demonstrates that time-proportional sampling is representative
of the discharge during the sampling period. Samples obtained through
time-proportional composite sampling techniques or through a minimum
of four grab samples may be approved by the Director or YCUA when
the user demonstrates that this will provide a representative sample
of the effluent being discharged.
F. The PTUD or POTW may require appropriate reporting from nondomestic
users that have discharges, which are not subject to categorical pretreatment
standards. Significant industrial users shall submit, to the PTUD
and YCUA, at least semiannually, a description of the nature, concentration,
and flow of the pollutants required to be reported by the PTUD or
POTW. The reports shall be based on sampling and analysis performed
in the period covered by the report and performed in accordance with
the techniques described in 40 CFR Part 136 (March 26, 2007). Where
the provisions of 40 CFR Part 136 (March 26, 2007) do not contain
sampling or analytical techniques for the pollutant in question, or
where the EPA determines that the Part 136 (March 26, 2007) sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the PTUD, YCUA or other persons
and approved by the EPA. The sampling and analysis may be performed
by the PTUD or POTW instead of the significant industrial user. Where
the PTUD collects all of the information required for the report,
the significant industrial user will not be required to submit the
report. The PTUD shall provide, to the nondomestic user, within 10
days after the results are available, the results of any sampling
it performs for nondomestic user self-monitoring that show a violation
of any pretreatment standard. Where PTUD or YCUA performs sampling
for a significant industrial user, PTUD or YCUA must perform any required
repeat sampling and analysis within 30 days of becoming aware of a
violation.
G. All periodic compliance reports shall be certified and signed by
the authorized representative of the industrial user. The authorized
representative shall state the following certification when submitting
the periodic compliance reports to PTUD or POTW: "I certify under
penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquire of the person or persons
who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including
the possibility of fine and imprisonment for knowing violations."
Wastewater discharges shall be expressly subject to all provisions
of this Part 4, the IPP, the Act and State Act and all other applicable
regulations established by the Board. The PTUD may:
A. Limit the average and maximum wastewater constituents and characteristics.
B. Limit the average and maximum rate and time of discharge or make
requirements for flow regulations and equalization.
C. Require the installation and maintenance of inspection and sampling
facilities.
D. Establish specifications for monitoring programs, which may include
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule.
E. Establish compliance schedules.
F. Require submission of technical reports or discharge reports.
G. Require the maintaining, retaining and furnishing of plant records
relating to wastewater discharge as specified by the PTUD, and affording
PTUD access thereto, and copying thereof.
H. Require notification of sludge discharges and accidental spills.
I. Require other conditions as deemed appropriate by the PTUD or Township
to ensure compliance with this Part 4, the IPP, the Act and the State
Act. The PTUD shall provide notification to the POTW for 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.
The PTUD may, when determined necessary by the Director, require
to be provided and operated at the user's own expense, monitoring
facilities to allow inspection, sampling, and flow measurement of
the building sewer and/or internal drainage systems. The facility,
sampling, and measuring equipment shall be maintained at all times
in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with plans and
specifications submitted to and approved by the PTUD or POTW and all
applicable local construction standards and specifications. Construction
shall be completed within 90 days following written notification by
the PTUD or POTW.
The PTUD or POTW may inspect the facilities of any user to ascertain
whether the purpose of this Part 4 is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the PTUD, POTW, or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, sampling, records examination, records
copying or in the performance of any of their duties. The PTUD, POTW,
DEQ and EPA shall have the right to set up on the user's property,
at the user's expense, 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
or other appropriate personnel so that upon presentation of suitable
identification, personnel from the PTUD, POTW, DEQ and EPA will be
permitted to enter, without delay, for the purposes of performing
their specific responsibilities.
A. Industrial users shall provide necessary wastewater treatment as
required to comply with this Part 4, the Act and State Act and shall
achieve compliance with all pretreatment standards within the time
limitations as specified by the federal pretreatment regulations and
as required by the PTUD, YCUA, IPP, the Act or the State Act. Any
industrial user that qualifies as a new source is required to have
pretreatment equipment installed and operational before discharging
and shall be in full compliance within 90 days of initial discharge.
Any facilities required to pretreat wastewater to a level acceptable
to the PTUD and YCUA 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 PTUD and YCUA for
review and shall be approved by the PTUD and YCUA 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
PTUD and YCUA under the provisions of this Part 4, the Act or the
State Act. Any subsequent changes in the pretreatment facilities or
method of operation shall be reported to PTUD and YCUA and be acceptable
to the PTUD and YCUA prior to the user's initiation of the changes.
B. As required by Section 403.8(f)(2)(vii) of the Federal Register,
the PTUD or YCUA will publish at least annually in the largest daily
newspaper published or distributed in the Township, a list of the
industrial users which, during the previous 12 months, were in significant
noncompliance with any applicable pretreatment requirements. All records
relating to compliance with pretreatment standards shall be made available
to officials of the EPA or DEQ upon request.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the DEQ and the EPA without restriction and
shall be available to the public without restriction unless the user
specifically requests and is able to demonstrate to the satisfaction
of the Director that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the user, in accord with applicable provisions
of the State Freedom of Information Act, Public Act 442 of 1976, as
amended (MCL 15.231 et seq.), and Rule 323.2314 of the Part 23 Rules
promulgated under the State Act.
All orders, directives, legal and/or equitable actions, which are necessary and appropriate to enforce this Part
4, the IPP, the Act and State Act shall be carried out by PTUD, the Township, and/or a POTW in accordance with the terms of a contract or delegation agreement for such enforcement, under §
36-58M of this Part
4. Nothing contained in this Part
4 shall preclude the Township or PTUD from instituting, maintaining or joining any legal and/or equitable actions taken by a POTW, DEQ or the EPA to enforce this Part
4, the Act and State Act.
A. The POTW will maintain and keep proper books of records and accounts,
separate from all other records and accounts, in which shall be made
full and correct entries of all transactions relating to the POTW.
The POTW will cause an annual audit of such books of record and account
for the preceding operating year to be made by a recognized independent
certified public accountant, and will supply such audit report to
authorized public officials on request.
B. In conjunction with the audit there shall be an annual review of
the sewer charge system for adequacies meeting expected expenditures
for the following year.
C. Classification of old and new industrial users may also be reviewed
annually.
D. The POTW and the Township will maintain and carry insurance on all
physical properties of the system, of the kinds and in the amounts
normally carried by public utility companies and municipalities engaged
in the operation of sewage disposal systems.
E. A user shall retain records of all monitoring information, including
all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all
reports required by this Part 4, an order, or a permit, all documentation
associated with best management practices, and the records of all
data used to complete the application for a permit, for a period of
at least three years from the date of a sample, measurement, report
application or orders. This period may be extended by YCUA or POTW
at any time.
The Director and/or the POTW and other duly authorized employees
or representatives of the PTUD or POTW 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 the provisions of this Part 4, the
IPP, the Act and State Act.
A. Emergency suspension. The Director may suspend the wastewater treatment service and/or any permit issued under this Part
4 when such a suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge that presents or may present an imminent or substantial danger to the health or welfare of persons or the environment, the sewage works, the POTW, or constitutes a violation of any condition of a NPDES or other permit, this Part
4, the IPP, ERP, the Act or State Act. Any user notified of a suspension of wastewater treatment services or a permit shall immediately stop or eliminate its discharge into the sewage works, a Township or POTW sanitary sewer. If a user fails to immediately comply with such a suspension order and as required in this section, the PTUD or POTW shall take such steps as deemed necessary, including immediate termination or severance of the user's sewer connection to prevent or minimize damage to any person, the sewage works, the POTW or the environment. The PTUD shall allow the user to recommence its discharge upon receipt of proof of compliance with this Part
4 and the elimination of the discharge and/or identified danger. A user whose wastewater treatment service or permit has been suspended under this Part
4 shall submit, within 15 days of the suspension, a written statement to the Director describing the causes of the harmful discharge and the measures taken to prevent future harmful discharges in addition to other information required by this Part
4, the IPP, ERP, or otherwise required by the Act or State Act under such circumstances.
B. Notice letter. The minimum enforcement response that the Director
or POTW will use to notify a user that a violation of this Part 4,
the IPP, ERP, the Act or State Act has occurred or is occurring.
C. Notification of violation. Whenever the Director finds that any user
has violated or is violating any provision of this Part 4 or a wastewater
discharge permit, an order issued under this Part 4, the IPP, ERP,
the Act or State Act, the Director may serve upon said user written
notice of the violation. Within 10 days of receipt of such notice
the user shall submit to the Director an explanation of the violation
and a written plan for satisfactory correction. Submission of this
plan does not relieve the user of liability for any violations occurring
before or after receipt of the notice of violation or as otherwise
provided in this Part 4, the Act or State Act.
D. Show cause order. The Director or POTW may order any user violating
this Part 4, an IPP, a permit, an order issued under this Part 4,
the IPP, ERP, the Act or State Act, to show cause why a proposed enforcement
action should not be taken. The show cause notice shall require the
user to appear before the Director or POTW for a show cause meeting
within a reasonable time, not less than 10 days after the first-class
mailing of the order to the user's recorded or last known address.
Enforcement action may be pursued whether or not a user appears at
a show cause meeting and issuance of a show cause order does not relieve
the user of liability for any violation occurring before or after
receipt of the notice or as otherwise provided in this Part 4, the
IPP, ERP, the Act or State Act.
E. Consent order. The Director is empowered to enter into consent orders, assurances of voluntary compliance and other similar documented agreements establishing an agreement with a user responsible for noncompliance with an order, permit, this Part
4, the IPP, ERP, the Act or State Act. Such a document may include compliance schedules, stipulated fines or penalties, the amount of which shall not be limited by the civil fine assessment provision of this Part
4, remedial actions and signatures of the Director or POTW and user. Consent orders or similar documented agreements prepared and executed under this section shall have the same force and effect as other orders issued under this Part
4.
F. Compliance order. When the Director or POTW finds that a user has
violated or continues to violate this Part 4, the IPP, ERP, a permit,
an order issued under this Part 4, the Act or State Act, an order
may be issued to the user 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 otherwise achieved. Such
an order may contain other requirements as might be reasonably necessary
and appropriate to address the noncompliance, including, but not limited
to, the installation of pretreatment technology, additional self-monitoring
and new management practices. Issuance of a compliance order does
not relieve the user of liability for any violation occurring before
or after receipt of the notice or as otherwise provided in this Part
4, the IPP, ERP, the Act or State Act.
G. Cease and desist order. When the Director or POTW finds that a user
has violated or continues to violate this Part 4, a permit, an order
issued under this Part 4, the Act or State Act, an order may be issued
to the user responsible for the violation directing that such violations
cease and desist immediately. In an emergency, the order to cease
and desist may be given by telephone. In a nonemergency situation,
the cease and desist order may be used to suspend or permanently revoke
an industrial wastewater discharge permit or permits. A cease and
desist order may require 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. Issuance of a cease and desist order does not relieve
the user of liability for any violation occurring before or after
receipt of the order or as otherwise provided in this Part 4, the
Act or State Act.
H. Termination of wastewater discharge permit.
(1) Any user who has a permit who violates the following conditions of
a wastewater discharge permit or violates this Part 4, the IPP, ERP,
the Act or State Act or any applicable state or federal law or regulation
is subject to permit termination:
(a)
Failure to accurately report wastewater constituents and characteristics;
(b)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(c)
Refusal of reasonable access to the user's premises or
records for the purpose of inspection, monitoring or sampling or for
any other purpose permitted under this Part 4, the IPP, ERP, the Act
or State Act;
(d)
Failure to comply with an order issued under this Part 4; or
(e)
For those reasons stated in §
36-63 of this Part
4 or for any other reason permitting such termination as provided in this Part
4, the IPP, ERP, the Act or State Act.
(2) Such users shall be notified of the proposed permit termination and shall be offered an opportunity to show cause, under the provision of Subsection
D of this section, why the proposed action should not be taken.
I. Administrative assessments. Notwithstanding any other section of this Part
4, any user who violates any provision of this Part
4, the IPP, a permit, an order issued under this Part
4, the Act or State Act, shall be liable to the PTUD, Township and/or POTW for any expense loss or damage occasioned by reason of such violation, including but not limited to reasonable attorney's fees and may be subject to an administrative assessment by the PTUD or POTW in an amount of $1,000 per violation, per day. Each day on which noncompliance shall occur or is continued shall be deemed a separate and distinct violation. Such expense, loss, damage or assessments may be added to a user's sewer service charges and the PTUD and the Township shall have such other collection rights and remedies as designated by law, the IPP, ERP, the Act, the State Act and this Part
4 to collect these sewer service charges.
J. Judicial remedies. A person who violates any provision of this Part
4, a permit, an order issued under this Part 4, the IPP, ERP, the
Act or State Act, is subject to the judicial remedies described below
in addition to being responsible for a civil fine assessment or a
misdemeanor or any administrative remedy or enforcement action provided
for in this Part 4:
(1) Whenever a user has violated or continues to violate the provisions
of this Part 4, a permit, an order issued under this Part 4, the IPP,
ERP, the Act or the State Act, the Township Supervisor or Director
or POTW, through counsel, may petition the Circuit Court for issuance
of a preliminary or permanent injunction or both to restrain or compel
certain activities on the part of the user.
(2) Any user who has violated or continues to violate any order or permit
issued hereunder may be liable to the PTUD, Township, and/or POTW
in such judicial proceedings for a civil fine assessment of $1,000,
plus actual damages, direct or indirect, incurred by the PTUD, Township,
or POTW per violation, per day, for as long as the violation continues.
Additionally, the PTUD, Township, and/or POTW may recover reasonable
attorney's fees, court costs and other expenses associated with
any enforcement activities, including sampling, monitoring and analysis
expenses.
(3) The Director or POTW, through counsel, may petition the Circuit Court
to impose, assess, and recover such assessments and sums. 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 or duration of the violation, any
economic benefit gained by the user through the violation, corrective
actions by the user, the compliance history of the user and any other
relevant factor.
K. Liens. Any fine or other assessment issued or imposed under this
Part 4 or other costs or charges imposed under this Part 4 may be
added to the user's sewer service charges and the PTUD, Township
and POTW shall have such other collection rights and remedies as designated
by law and this Part 4 to collect said charges and all unpaid charges,
fines, assessments, penalties and service charges shall constitute
and may be recorded as a lien against the user's property if
not paid within the time frame allocated by PTUD, Township, POTW,
or a court for payment.
L. Appeals. Any person or user subject to enforcement action under the
provisions of this Part 4, the IPP, ERP, the Act or State Act, except
for civil fine assessment notices, consent orders, emergency actions
under this Part 4 or judicial actions by PTUD or POTW, may request
a hearing before the Director or POTW within 10 days of receipt of
notification of the proposed enforcement action. A hearing shall then
be held by the Director or POTW concerning the violation, the reasons
why the enforcement action has been taken, the proposed enforcement
action, and the user's explanation or other relevant evidence.
An appeal may be taken from the Director's or POTW's final
decision. The following rules shall apply to the hearing and appeal:
(1) The Director or POTW may issue notices of such a hearing requiring
the attendance and testimony of witnesses or the production of evidence
relative to the hearing.
(2) In the event a request for hearing is not filed within 10 days of
the user's notice of an enforcement action, failure to file such
a request shall be deemed a waiver of any and all hearing or appeal
rights established under this Part 4.
(3) A request for hearing shall state the basis for the request, the
reasons in support of the request and any alternative relief which
the aggrieved party seeks.
(4) During the pendency of any hearing process or appeal the user must
comply with the enforcement action or order from which the appeal
is taken.
(5) At the hearing, testimony may be taken under oath and recorded stenographically.
A transcript of the hearing shall be made available to any member
of the public or any party to the hearing upon payment of usual and
reasonable charges.
(6) After the Director or POTW has held such a hearing and reviewed the
evidence, he may issue an order affirming, modifying or withdrawing
the enforcement action.
(7) Within 15 days from receipt of the Director's or POTW's
final decision, the aggrieved party may appeal the decision to the
Board stating the grounds on which the appeal is based together with
all documents, evidence, transcripts and information in support of
the aggrieved party's position. In addition, the aggrieved party
shall file five copies of the appeal and supporting documentation
with the Board and serve an additional copy on the Director.
(8) The Director shall have 30 days to respond to the appeal and to submit
all evidence, documents and information in support of the Director's
decision and shall file five copies with the Board and shall serve
an additional copy on the aggrieved party.
(9) Within 30 days of receiving the Director's response the Board
shall meet and review all documents and evidence pertaining to the
appeal and shall issue an order affirming the Director's order,
affirming the Director's order in part and reversing in part,
or reversing the Director's order in full. The Board shall forward
a copy of its decision to all interested parties.
M. Industrial pretreatment program and enforcement response plan. This Part
4, the Act and State Act shall also be enforced pursuant to a written industrial pretreatment program adopted by the POTW or Township as required by the Act and State Act which plan shall include those plan elements required by the Act and State Act, including, but not limited to, an enforcement response plan (ERP) designed to achieve enforcement of that program. That enforcement response plan shall provide for, at minimum, those powers of enforcement granted by this Part
4, the Act and State Act. By written agreement approved by the Board and a POTW, the Township may delegate and designate a POTW as an enforcement authority under this Part
4, or any part hereof, for the purpose of fulfilling and performing any and all enforcement and implementation rights and responsibilities of the Township, PTUD, Director, or Board under the terms of this Part
4, the Act, the State Act or other applicable laws, including the right to impose and collect costs, fees, and administrative assessments permitted under this Part
4, the Act, or State Act and surcharges permitted under this Part
4, the Act, or State Act, except that the authority to issue and prosecute misdemeanor violations under this Part
4 shall remain with the Township. A POTW shall provide written notice to PTUD for any enforcement action taken pursuant to this subsection and allowed under any delegation agreement.
N. Time limits. The PTUD's, Township's, YCUA's or POTW's
failure to strictly comply with and/or to meet an enforcement procedure
time deadline or other time deadline specified in this Part 4, the
Act, State Act, or the ERP shall not prohibit or prevent the PTUD,
Township, YCUA or POTW from taking enforcement or other action outside
of or not in compliance with such a time deadline, unless the user
or permittee in question has been and is able to demonstrate that
it has been materially prejudiced by action taken by YCUA outside
of or not in compliance with such a time deadline.
The PTUD or POTW shall also establish appropriate surcharges
or fees to reimburse the PTUD, YCUA, and/or POTW for the additional
cost of operation and maintenance of the sewage works or POTW due
to the violations of this Part 4, the IPP, the Act or State Act.
A. All nondomestic users must notify the Director or POTW of the nature
and characteristics of their wastewater prior to commencing their
discharge. The Director or POTW is authorized to prepare a form for
this purpose.
B. It shall be unlawful for significant industrial users to discharge
wastewater, either directly or indirectly, into the sewage works or
POTW without first obtaining an industrial user pretreatment permit
from the PTUD or POTW. Any violation of the terms and conditions of
an industrial user pretreatment permit shall be deemed a violation
of this Part 4. Obtaining an industrial user pretreatment permit does
not relieve a permittee of its obligation to obtain other permits
required by federal, state or local law.
C. The Director or POTW may require that other industrial users, including
liquid waste haulers, obtain industrial user pretreatment permits
as necessary to carry out the purposes of this Part 4, the Act, or
State Act.
D. Any industrial user located beyond the Township limits shall submit
a permit application within 60 days of the effective date of this
Part 4. New industrial users located beyond the Township limits shall
submit such applications to the Director or POTW 60 days prior to
discharging into the sewage works or POTW. Upon review and approval
of such application, the PTUD or POTW may enter into a contract with
the user which requires the user to subject itself to, and abide by
this Part 4, including all permitting, compliance monitoring, reporting,
and enforcement provisions contained in this Part 4, the IPP, the
Act or State Act.
E. Any significant industrial user which discharges nondomestic waste
into the sewage works or POTW prior to the effective date of this
Part 4 and who wishes to continue such discharges in the future shall,
within 90 days after such date, apply to the PTUD or POTW for an industrial
user pretreatment permit and shall not cause or allow discharges to
the sewage works or POTW to continue after 180 days from and after
the effective date of this Part 4 except in accordance with a permit
issued by the PTUD or POTW.
F. Any significant industrial user proposing to begin or recommence
discharging nondomestic wastes into the sewage works or POTW must
obtain a pretreatment permit prior to beginning or recommencing such
discharge. An application for this permit must be filed at least 60
days prior to the anticipated startup date.
A. In order to be considered for a pretreatment permit, all industrial users required to have a permit must submit the information required by §
36-47 on an application form approved by the Director or POTW.
B. When required, plans must be certified for accuracy by a state-registered
professional engineer.
C. All applications must contain the following certification statement
and be signed by an authorized representative of the industrial user:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
D. The Director or POTW will evaluate the data furnished by the industrial
user and may require additional information. After evaluation of the
data furnished, the Director or POTW may issue an industrial user
pretreatment permit subject to terms and conditions provided herein.
E. At the time an application for a permit is made, the user shall pay
to PTUD or POTW a permit fee in an amount established from time to
time by the Board or POTW, which fee shall be refunded to the user
in the event the permit is denied. In addition to the above-stated
permit fee, the user shall pay to PTUD or POTW a nonrefundable permit
application fee equal to PTUD's or POTW's expenses, and
PTUD or POTW expenses incurred in hiring laboratories, engineers,
or other consultants, for the purpose of evaluating the permit application
submitted by the user.
Pretreatment permits shall include such conditions as are reasonably
deemed necessary by the Director to prevent pass through or interference,
protect the quality of the water body receiving the POTW's effluent,
protect worker health and safety, facilitate POTW sludge management
and disposal, protect ambient air quality, and protect against damage
to the POTW collection system or plant and ensure compliance with
this Part 4, the Act and State Act. Permits shall contain a statement
of the duration of the permit which shall not be more than five years;
a statement of permit nontransferability without prior notification
to the PTUD and provision of a copy of the existing permit to the
new owner or operator; effluent limits based on applicable general
pretreatment standards, categorical pretreatment standards, local
limits, and state and local law; self-monitoring, sampling, reporting,
notification, and recordkeeping requirements, including identification
of the pollutants to be monitored, sampling location, sampling frequency,
and sample type, based on the applicable general pretreatment standards,
categorical pretreatment standards, local limit, and state and local
law; and a statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements and any applicable
compliance schedule. The schedule may not extend the compliance date
beyond applicable federal or state deadlines. Permits may contain,
but need not be limited to, the following:
A. Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization.
B. Limits on the average and/or maximum concentration, mass, or other
measure of identified wastewater constituents or properties.
C. Requirements for the installation of pretreatment technology or construction
of appropriate containment devices, or similar requirements designed
to reduce, eliminate, or prevent the introduction of pollutants into
the sewage works or POTW.
D. Development and implementation of spill control plans or other special
conditions, including additional management practices necessary to
adequately prevent accidental, unanticipated, or routing discharges.
E. The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the sewage works or POTW.
F. Requirements for installation and maintenance of inspection and sampling
facilities.
G. Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
I. Requirements for submission of technical reports or discharge reports.
J. Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the PTUD or POTW and affording
the PTUD or POTW, or its representatives, access thereto.
K. Requirements for notification of any new introduction of wastewater
constituents or of any substantial change in the volume or character
of the wastewater being introduced in the sewage works or POTW.
L. Requirements for the notification of any change in the manufacturing
and/or pretreatment process used by the permittee.
M. Requirements for notification to PTUD and the POTW of excessive,
accidental, or sludge discharges.
N. Other conditions as deemed appropriate by the Director or POTW to
ensure compliance with this Part 4, the IPP, and state and federal
laws, rules, and regulations, including the Act and State Act.
O. A statement that compliance with the permit does not relieve the
permittee of responsibility for compliance with all applicable federal,
state or local pretreatment standards or limits, including those which
become effective during the term of the permit.
A. Permits shall be issued for a specified time period, not to exceed
five years. A permit may be issued for a period less than five years,
at the discretion of the Director.
B. The Director will provide all interested persons with notice of final
permit terms. Upon notice by the Director, any person, including the
industrial user, may petition to appeal the terms of the permit within
30 days of the notice.
(1) Failure to submit a timely petition for review shall be deemed to
be a waiver of the appeal.
(2) In its petition, the appealing party must indicate the permit provisions
objected to, the reasons for this objection, and the alternative condition,
if any, it seeks to be placed in the permit.
(3) The effectiveness of the permit shall not be stayed pending a reconsideration
by the Board. If, after considering the petition and any arguments
put forth by the Director, the Board determines that reconsideration
is proper, it shall remand the permit back to the Director for reissuance.
Those permit provisions being reconsidered by the Director shall be
stayed pending reissuance.
(4) A Board's decision not to reconsider a final permit shall be
considered final administrative action for purposes of judicial review.
C. The Director may modify or terminate the permit for good cause, including,
but not limited to, the following:
(1) To incorporate any new or revised federal, state or local pretreatment
standards or requirements.
(2) Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were not
considered in drafting the effective permit.
(3) A change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or elimination
of the authorized discharge.
(4) Information indicating that the permitted discharge poses a threat
to the sewage works or POTW or POTW personnel or the receiving waters.
(5) Violation of any terms or conditions of the permit.
(6) Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting.
(7) Revision of or a grant of variance from such categorical standards
pursuant to 40 CFR 403.13.
(8) To correct typographical or other errors in the permit.
(9) To reflect transfer of the facility ownership and/or operation to
a new owner/operator.
(10)
Upon request of the permittee, provided such request does not
create a violation of any applicable requirements, standards, laws,
or rules and regulations.
(11)
Falsifying self-monitoring reports.
(12)
Tampering with monitoring equipment.
(13)
Refusing to allow timely access to the facility premises and
records.
(14)
Failure to meet effluent limitations.
(16)
Failure to pay sewer charges.
(17)
Failure to meet compliance schedules.
D. The filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance, does not stay any permit condition.
E. Permits may be reassigned or transferred to a new owner and/or operator
with prior approval of the Director, if:
(1) The permittee gives at least 30 days' advance notice to the Director;
and
(2) The notice includes a written certification by the new owner which:
(a)
States that the new owner has no immediate intent to change
the facility's operations and processes.
(b)
Identifies the specific date on which the transfer is to occur.
(c)
Acknowledges full responsibility for complying with the existing
permit.
F. The user shall apply for permit reissuance by submitting a complete
permit application a minimum of 90 days prior to the expiration of
the user's existing permit. An expired permit will continue to
be effective and enforceable until the permit is reissued, if:
(1) The industrial user has submitted a complete permit application at
least 90 days prior to the expiration date of the user's existing
permit; and
(2) The failure to reissue the permit, prior to expiration of the previous
permit, is not due to any act or failure to act on the part of the
industrial user.
G. Nothing in this Part 4 shall be construed as preventing any special
agreement or arrangement between the POTW and any user whereby wastewater
of unusual strength or character is accepted into the POTW and specially
treated and subject to any payments or user charges, as may be applicable.
However, no discharge which violates pretreatment standards will be
allowed under the terms of such special agreements. No such special
agreement will be made if, in the opinion of the Director, the wastewater
may have the potential to cause or result in any of the following
circumstances:
(1) Pass through or interference; or
(2) Endanger Township or POTW personnel or the public.
A. Any person who violates any provision of this Part 4, a permit, an
order issued under this Part 4, the Act or State Act shall become
liable to the Township for and may be subject to a civil fine assessment
of $1,000 per violation, per day, plus any costs, damages and expenses,
direct or indirect, incurred by the Township, PTUD, POTW or YCUA in
connection with the violation. Each day on which a violation continues
shall be deemed a separate and distinct violation.
B. Any person who violates any provision of this Part 4 that is listed
below shall be guilty of a misdemeanor, and upon conviction is subject
to a fine of not more than $500, exclusive of any civil fine assessment
or other costs, damages and expenses, or by imprisonment for not more
than 90 days, or both. Misdemeanor violations include:
(1) Intentional unpermitted discharge;
(2) Falsification of a monitoring report or the making of any false statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this Part 4;
(3) Improper sampling, with evidence of intent to falsify or mislead;
(4) Intentional failure to install monitoring equipment after a deadline
established by an order issued under this Part 4 or the tampering
with or knowingly rendering inaccurate any monitoring device or equipment
or method required under this Part 4;
(5) Intentional recurring violation of a compliance schedule in a permit
or a violation of a compliance schedule in an order issued under this
Part 4; or
(6) Illegal discharge when the discharge causes harm and there is evidence
of intent.
A. The purpose of this section is to provide for the recovery of costs
from users of the sewage works and POTW. The applicable charges or
fees established by the Board or POTW shall be sufficient to meet
the costs of the operation, maintenance, improvement or replacement
of the system, sewage works, POTW, or as provided by law or by Board
action.
B. The Board or POTW shall adopt charges and fees which shall include,
but not necessarily limited to:
(1) Fees for reimbursement of costs of establishing, operating, maintaining,
or improving the YCUA or POTW industrial waste control and IPP and
ERP;
(2) User fees based upon volume of waste and concentration or quantity
of specific pollutants in a discharge, and to cover other treatment
costs including sludge handling and disposal;
(3) Reasonable fees for reimbursement of costs for enforcement hearings
or other enforcement action including, but not limited to, expenses
regarding hearings officers, court reporters, and transcriptions;
and
(4) Other fees, which the Board or POTW may deem necessary, to carry
out the requirements contained herein and required in the IPP and
ERP, or as may be required by law.