As used in this article, the following abbreviations have the
respective following meanings:
A. BOD: Biochemical oxygen demand, the quantity of oxygen used in the
biochemical oxidation of a given amount of organic matter under standard
laboratory procedure in five days at 20° C., expressed in mg/l.
B. COD: Chemical oxygen demand, a measure of the oxygen-consuming capacity
of inorganic and organic matter present in water or wastewater, 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.
C. DNR: State of Michigan Department of Natural Resources.
D. EPA: United States Environmental Protection Agency.
E. pH: The logarithm of the reciprocal of the hydrogen ion concentration
expressed in grams per liter of solution as determined by standard
methods.
F. SS: Suspended solids, the total suspended matter that either floats
on the surface of, or is in suspension in, water or wastewater, as
determined by standard methods.
G. NPDES: National Pollutant Discharge Elimination System permit program,
whether administered by the EPA or by the State of Michigan.
H. mg/l: Milligrams per liter, an expression of the relationship of
mass of a substance to the volume of the solution it is in, independent
of the specific gravity.
I. ASTM: The American Society for Testing and Materials.
J. WPCF: The Water Pollution Control Federation.
L. TOC: Total organic carbon, a measurement of the organic chemicals
present in water or wastewater, expressed in mg/l as the amount of
organic carbon oxidized under specified conditions.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING SEWER
The extension from a building wastewater plumbing facility
to the public wastewater facility.
COMMERCIAL USER
Any premises not within the definition of "residential user"
or "industrial user," and which is connected to the Township's
wastewater facilities.
INDUSTRIAL USER
Any premises whose use is categorized or identified in Division
A, B, D, E, or I of the Standard Industrial Classification Manual,
or which discharges wastewater containing any substance which causes
interference in the wastewater facilities.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or any
other body of surface water or groundwater.
OWNER
The person or persons who legally own, lease, or occupy private
property with facilities that discharge to the Township's wastewater
facilities.
PERSON
Any individual, firm, company, association, society, partnership,
corporation, public entity, or other similar organization, agency
or group.
PREMISES
Each lot or parcel of land and each building which has any
connection to the water distribution system or the wastewater facilities
of the Township of Blackman.
RESIDENTIAL USER
Any premises consisting of a single or duplex dwelling used
only for human residency and which is connected to the Township's
wastewater facilities.
SLUG DISCHARGE
Any introduction into the Township's wastewater facilities
of waste or wastewater in concentration of any given constituent or
in quantity of flow which adversely affects the operation and performance
of the wastewater facilities.
STORM SEWER
A pipe or conduit that conveys stormwater runoff and other
waters which are not intended to be transported to a wastewater treatment
facility.
SUPERVISOR
The Supervisor of the Charter Township of Blackman, or, where
the Supervisor has delegated a responsibility, function, or right
under this article to another official or employee of the Charter
Township of Blackman, another governmental body, another governmental
agency, governmental department, or another official employee of another
public body, the term shall include that person.
TOWNSHIP
The Township of Blackman, Michigan, a municipal corporation
organized and existing under the laws of the State of Michigan.
UNPOLLUTED WATER
Water of such quality and characteristics that it would not
be benefitted by discharge to the wastewater treatment facilities
or that it would not cause any degradation of water quality by direct
discharge to a receiving water.
WASTEWATER
A combination of liquid- and water-carried wastes from residences,
commercial buildings, industries, and institutions, together with
any groundwater, surface water, or stormwater that may be present.
WASTEWATER FACILITIES
A.
The wastewater sewers, including sanitary sewers, storm sewers
and combined sewers, lift stations, and pumping stations; as well
as
B.
The wastewater treatment plant, including its structures, processes
and equipment necessary for treatment and discharge of wastewater
of the Township of Blackman.
WASTEWATER SERVICE
The availability or use of the Township's wastewater
facilities for discharge by any person or premises of wastewater,
as well as any labor and materials provided by the Township for connections
of any premises to the Township's wastewater facilities, repairs
and maintenance by the Township to the wastewater facilities or building
sewers on any premises, and costs incurred by the Township in enforcing
the collection of charges for wastewater service to any person or
with respect to any premises.
WASTEWATER SEWER
The structures, processes, equipment and arrangements necessary
to collect and transport wastewater to the treatment facility.
WATER SERVICE
The availability or use by any person or premises of the
water commodity, as well as labor and materials provided by the Township
for connections of any premises to the Township water distribution
system, repairs and maintenance by the Township to water connections
and meters of any premises, and costs incurred by the Township in
enforcing the collection of charges for water service to any person
or with respect to any premises.
Notwithstanding any other provisions of this article, no person
shall discharge or cause to be discharged to any Township wastewater
facilities wastewaters containing substances in excess of the quantities
prescribed in applicable Federal Categorical Pretreatment Standards
promulgated by the EPA; provided, however, that the Supervisor may
give prior written approval of a grace period for compliance with
any newly established pretreatment standards which apply to existing
users, which grace period shall not exceed 36 months, if it is demonstrated
to the Supervisor that such a grace period is reasonably necessary
for the user to bring its discharges into compliance with the standards.
Dumping of septic tank cleanings and holding tank wastewaters
is hereby authorized at Jackson Wastewater Treatment Plant, 2995 Lansing
Avenue, Jackson, Michigan, subject to the terms, restrictions and
conditions hereinafter specified:
A. Dumping vehicles. All vehicles used for transporting septic tank
cleanings and holding tank wastewater to the Jackson Wastewater Treatment
Plant for disposal shall be licensed by the Michigan Department of
Natural Resources and shall comply with all regulations governing
such licensing.
B. Supervisor approval. All disposal of septic tank cleanings and holding
tank wastewaters is subject to the conditions of this section and
shall be approved by the Supervisor prior to disposal.
C. Dumping site. All approved disposal shall be done at the specified
dumping site located east of the treatment works screen building.
The rate of discharge of waters from disposal trucks shall not exceed
capacity of the dumping site to drain wastes into receiving tank.
The dumping site shall be cleaned by the user after each dumping with
the water supply and hose provided at the dumping site. No wastes
shall discharge from a disposal truck in any area other than the specified
dumping site.
D. Hours of dumping. Approved disposal of waste may be done any hour
of the day, any day of the week, year round. Conditional disposal
shall be done during normal business hours, 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except for holidays.
E. Permits and fees. No person shall dispose of any septic tank cleanings
or holding tank wastewaters at the dumping site unless the vehicle
used for transporting the waste has affixed to it a current permit
for such disposal. Such permits may be obtained from the Township
office upon payment of a fee in an amount to be determined by the
Township Board in its rate resolution. A person may also obtain at
the office of the treatment works a ticket which allows a single disposal
of such wastes, upon payment of a fee in an amount to be determined
by the Township Board in its rate resolution.
F. Misrepresentation. Misrepresentation of the contents of any septic tank cleanings or holding tank wastewaters as to volume or type of waste by a hauler shall constitute a misdemeanor. Any person violating this provision may be permanently denied permission by the Supervisor to discharge wastes at the treatment works, and notice provisions of §
99-31D shall not apply to this violation.
Charges for services shall be as provided in Article
I, Operation, Maintenance and Rates of the Jackson County Sanitary Sewage Disposal Systems, of this chapter (Ordinance No. 18 of Blackman Township, as amended).
Nothing contained in this article shall be deemed to alter or repeal any of the provisions of Article
I, Operation, Maintenance and Rates of the Jackson County Sanitary Sewage Disposal Systems, of this chapter (Ordinance No. 18 of Blackman Township, as amended), being an ordinance to operate the Blackman Township Sanitary Sewer System on a public utility basis under the provisions of Act 94, Public Acts of Michigan, 1933, as amended.
There is hereby established an industrial cost recovery system,
as required by federal law, for the purpose of recovering over a period
of 30 years from industrial users discharging to the wastewater facilities
that portion of the EPA grant under Project C 262625 attributable
to the treatment of industrial wastes. Industrial users shall pay,
in addition to any other charges imposed under this code, an industrial
cost recovery charge in such amounts and at such times as herein set
forth.
Industrial cost recovery charges shall be based on the industrial
user's proportionate contribution to the total wastewater facility's
wastewater loading from all users, and may be based on volume, strength,
and delivery flow rate characteristics.
A. Industrial cost recovery charge.
(1) Industrial users shall pay an industrial cost recovery charge proportionate
to the user's volume of flow in an amount equal to the product
of the ratio of the average annual amount of industrial processed
wastewater discharged to the wastewater facilities per day, to the
treatment plant design capacity of 19,000,000 gallons per day, said
ratio multiplied by 1/30 of the amount of the federal grant. Expressed
as an equation, the industrial cost recovery charge proportionate
to the user's volume of flow shall be determined as follows:
|
ICR flow charge, $/year =
|
---|
|
User's flow, gallons per day X (Fed.
grant) X 365 days per year
19,000,000 gallons
|
(2) For purposes of this subsection, processed wastewater includes all
liquid wastes discharged into the wastewater facilities, less those
wastewaters originating from employee's use of sanitary appliances.
B. Exemptions by Township. Notwithstanding Subsection
A, the Township may exempt from payment of industrial cost recovery charges proportionate to the user's volume any industrial user which discharges the equivalent of 25,000 gallons per day or less of sanitary waste, if the waste discharged:
(1) Does not contain pollutants which exceed concentrations set forth in §
99-36;
(2) Does not interfere with the treatment processes of the wastewater
treatment plant;
(3) Is neither toxic nor incompatible with the treatment processes; and
(4) Does not otherwise reduce the utilization of sludge from the treatment
works.
C. Excess industrial cost recovery charges.
(1) Industrial users shall pay an industrial cost recovery charge proportionate
to the strength of the user's discharges into the wastewater
facilities for the amount by which concentrations of certain substances
in its discharges exceed base concentrations set forth herein. The
charge shall be an amount equal to the product of the excess substance
amounts multiplied by unit costs for the substances, which unit costs
shall be set from time to time by the Township Board in a rate resolution,
and which costs shall be determined by dividing the total portion
of the federal grant attributable to providing necessary treatment
of the substance by the design loading for the substance, applied
over 30 years. As used in this section, base concentrations are as
follows:
(d)
Ammonia nitrogen: 25 mg/l.
(2) Excess amounts in a user's discharges shall be determined by the monitoring methods set forth in §
99-39 and shall be the product of the average concentration of the substance minus the base concentration, multiplied by the user's annual flow.
All users subject to industrial cost recovery charges shall
be billed 1/12 the total annual industrial cost recovery charges on
each of their monthly user charge billings. If there is a substantial
change in strength, volume or delivery flow rate characteristics introduced
into the treatment works by an industrial user, such user's share
shall be adjusted accordingly. If there is an expansion or upgrading
of the treatment works, each existing industrial user's share
shall be adjusted accordingly. The industrial user's share shall
not include an interest component.
Industrial cost recovery charges collected by the Township shall
be administered in the following manner:
A. Administration of industrial cost recovery charges. The Township
shall retain 50% of the amounts received. A minimum of 80% of the
amount retained by the Township, together with the interest earned
on that 80%, shall be used for the allowable costs, as that term is
defined in 40 CFR 35.940-1, of any expansion, upgrading or reconstruction
of the wastewater treatment facilities necessary to maintain compliance
with federal law.
B. U.S. Treasury reimbursement. The Township shall, on an annual basis,
remit the remainder of industrial cost recovery charges collected,
along with interest earned on that amount, to the U.S. Treasury.
C. Investment and deposit. Pending the use of industrial costs recovery
charges collected as allowed in this section, the Township shall:
(1) Invest the amounts collected in obligations of the U.S. government
or in obligations guaranteed as to principal and interest by the U.S.
government or any agency thereof; or
(2) Deposit the amounts received in accounts fully collateralized by
obligations of the U.S. government or any agency thereof.
In addition to the penalties provided in Article
I, Operation, Maintenance and Rates of the Jackson County Sanitary Sewage Disposal Systems, of this chapter (Ordinance No. 18 of Blackman Township, as amended), the Township has the following enforcement and penalty provisions:
A. Inspectors. The duly authorized officials or employees of Blackman
Township and agents of the DNR and Health Department, 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 provisions of this article,
at any time during reasonable or usual business hours. No person shall
refuse or obstruct such entry.
B. Notice to cease violation. Any person violating any provision of
this article shall be notified in writing by the Supervisor of the
nature of such violation and allowed a reasonable time to correct
such violation. Any officer, agent, or employee guilty of aiding or
abetting such violation, or who, being responsible therefor, refuses
or neglects to take corrective action, shall be guilty as a principal.
C. Civil liability. Any person violating any of the provisions of this
article shall be liable to the Township of Blackman for any expense,
loss or damage incurred by the Township by reason of such violation,
and recovery therefor may be had in an appropriate action in any court
of competent jurisdiction.
D. Abatement in equity. Any continued violation, after due notice as
provided herein, shall be deemed a public nuisance and may be abated
by suit in equity by the Township in any court of competent jurisdiction.
This remedy shall be in addition to any other available remedy.
E. Criminal liability. Any person who violates any provision of this
article shall, upon conviction thereof, be fined not more than $100
or imprisoned for not more than 90 days, or both.
Any premises discharging more than 190 gallons of wastewater
per day into the Blackman Township sanitary sewer system shall be
required to install a meter to meter the amount of flow. Further,
in the discretion of the Supervisor, such other premises as he believes
may be discharging in excess of 190 gallons of wastewater per day
into the Blackman Township wastewater system may be required to install
a meter.