[Adopted 3-16-1981 by Ord. No. 46; amended in its entirety 12-19-2016 by Ord. No. 125]
A.
The federal government has enacted and amended the Federal Water
Pollution Control Act, now known as the Federal Clean Water Act (33
U.S.C. § 1150 et seq.), and the Township of Blackman desires
to remain in compliance therewith.
B.
The Township of Blackman desires to assure that the use of the public
wastewater system operated by it will conform to the best sanitary
engineering practices.
C.
The Township of Blackman desires to regulate the use of the public
wastewater system operated by it.
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.
K.
GPD: Gallons per day.
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:
The extension from a building wastewater plumbing facility
to the public wastewater facility.
Any premises not within the definition of "residential user"
or "industrial user," and which is connected to the Township's
wastewater facilities.
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.
Any outlet into a watercourse, pond, ditch, lake, or any
other body of surface water or groundwater.
The person or persons who legally own, lease, or occupy private
property with facilities that discharge to the Township's wastewater
facilities.
Any individual, firm, company, association, society, partnership,
corporation, public entity, or other similar organization, agency
or group.
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.
Any premises consisting of a single or duplex dwelling used
only for human residency and which is connected to the Township's
wastewater facilities.
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.
A pipe or conduit that conveys stormwater runoff and other
waters which are not intended to be transported to a wastewater treatment
facility.
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.
The Township of Blackman, Michigan, a municipal corporation
organized and existing under the laws of the State of Michigan.
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.
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.
The wastewater sewers, including sanitary sewers, storm sewers
and combined sewers, lift stations, and pumping stations; as well
as
The wastewater treatment plant, including its structures, processes
and equipment necessary for treatment and discharge of wastewater
of the Township of Blackman.
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.
The structures, processes, equipment and arrangements necessary
to collect and transport wastewater to the treatment facility.
The structures, processes, equipment and arrangements necessary
to treat and discharge wastewaters.
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.
A.
Purpose. The purpose of this article is to provide the maximum possible
beneficial public use of the Township's wastewater facilities
through regulation of sewer construction, sewer use, and wastewater
discharges; to provide for equitable distribution of the cost of the
Township's wastewater facilities; and to provide procedures for
complying with the requirements contained herein.
B.
Scope. This article shall apply to the Township of Blackman and to
persons outside the Township who, by contract or agreement with the
Township, or by terms of this article, are users of the Township's
wastewater facilities.
C.
Administration. Except as otherwise provided herein, the Supervisor,
or a representative designated by the Supervisor, shall administer,
implement, and enforce the provisions of this article, and shall establish
administrative procedures and policies for those purposes.
D.
Notice of violation. Any person found in violation of this article
or any requirement of a permit issued hereunder may be served with
a written notice stating the nature of the violation and providing
a reasonable time limit for compliance. Any such notice given shall
be in writing and served in person or by registered or certified mail.
This notice shall be sent to the last address of the violator known
to the Supervisor. Where the address is unknown, service may be made
upon the owner of record of the property involved. In determining
what is a reasonable time limit for compliance, the Supervisor shall
first consider the effect of the violation on the Township's
wastewater facilities and on the health, safety and welfare of the
residents of the Township. The requirement of notice of violation
shall not apply where it is specifically so stated in this article.
E.
Violations and penalties. Any person who continues to violate the provisions of this article beyond the time limit provided for in the notice sent pursuant to Subsection D above shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in § 99-49 of this article. Each day or portion thereof a violation continues shall constitute a separate offense.
F.
Continued violation. It is hereby determined that the operation of
the Township's wastewater facilities is a service essential to
the health, safety and welfare of the inhabitants of the Township
and surrounding areas, and that it is necessary to protect the continued
uninhibited operation of the facilities by regulation of their use.
It is therefore declared that continued violation of this article
after notice as required under this section constitutes a public nuisance
which may be abated by civil suit in any court of competent jurisdiction,
which remedy shall be in addition to others provided in this section.
G.
Fees and charges.
(1)
All fees and charges payable under the provisions of this section
shall be paid to the Township. Such fees and charges shall be as set
forth herein or as established from time to time by resolution of
the Township Board.
(2)
All fees and charges payable under the provisions of this section
are due and payable upon the receipt of notice of charges. Unpaid
amounts shall become delinquent and shall be subject to penalty and/or
interest charges, as provided for in the rate resolution. Bank nonsufficient
funds (NSF) fees will be charged and billed to the resident.
(3)
The Township may impose additional charges to transport or accept
wastewater for treatment where it is necessary to monitor the flow
by reason of its strength or other characteristics, and the additional
costs or charges to the discharger may be imposed to cover the COBB
of collecting examples, measuring flows, testing, or analyzing wastewater,
and all other activities directly related to monitoring of the discharge.
H.
Inspections.
(1)
The Supervisor, bearing proper credentials and identification, shall
be permitted to enter properties at any reasonable time for the purposes
of inspection, observation, measurement, and sampling of the wastewater
discharges to the Township's wastewater facilities lying within
the easement. All entry and any subsequent work on the easement shall
be done in full accordance with the terms of the easement.
(2)
The Supervisor, bearing proper credentials and identification, shall
be permitted to enter all private property over which the Township
holds an easement, for the purposes of inspection, observation, measurement,
sampling, repair, and maintenance of any of the Township's wastewater
facilities lying within the easement. All entry and any subsequent
work on the easement shall be done in full accordance with the terms
of the easement.
(3)
While performing the necessary work on private properties referred
to in this section, the Supervisor shall observe all safety rules
established by the owner or occupant of the property and applicable
to the premises.
(4)
During the performance on private properties of inspections, wastewater
sampling, or other similar operations referred to in this section,
the owner and occupant shall be:
(a)
Indemnified against loss of or damage to property of the owner
or occupant by the Supervisor; and
(b)
Indemnified against and held harmless from claims asserted against
the owner or occupant for bodily injury or death of the Supervisor
or for loss or damage to property of the Township, except as such
may be caused by negligence or failure of the owner or occupant to
maintain safe conditions as required in this section.
I.
Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the Township's wastewater facilities. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 99-49 of this article. The notice requirements of Subsection D shall not apply to this Subsection I.
A.
Waste disposal. It shall be unlawful for any person to place, deposit,
or permit to be deposited in any unsanitary manner on public or private
property within the Township, or in any area under the jurisdiction
of the Township, any human or animal excrement, garbage, or other
objectionable waste.
B.
Wastewater discharges to natural outlets. It shall be unlawful to
discharge without an NPDES permit to any natural outlet within the
Township, or in any area under its jurisdiction, either directly or
through a Township storm sewer.
C.
Wastewater disposal. Except as provided in this article, it shall
be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the disposal
of wastewater.
A.
Private system required. All houses, buildings, or properties which are required by other authority to have sanitary or industrial wastewater facilities and are located where a proper wastewater sewer is not available or required as specified by the provisions of Subsection D of this section shall be equipped, at the owner's expense, with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of this section, and all applicable requirements of the State of Michigan Department of Public Health and Jackson County Sanitation Code. This section shall not apply to any private system which discharges to wastewater facilities of the Township or which discharges directly to a natural outlet by authority of a separate NPDES permit and in compliance with applicable state and federal laws.
B.
Sanitary operation required. The owner shall operate and maintain
private wastewater disposal facilities in a sanitary manner at all
times in accordance with applicable state requirements, and at no
expense to the Township. Such facilities shall be subject to inspection
by the Supervisor at reasonable times.
C.
Further requirements. No statement contained in this section shall
be construed to interfere with any additional requirement that may
be imposed by health officials or other applicable authorities.
D.
Connection to wastewater sewer required. The owner of any house,
building, or property which is used for human occupancy, employment,
recreation, or other purposes, and abutting on any street, alley or
right-of-way in which there is located a wastewater sewer connected
to the treatment facility of the Township, is required at the owner's
expense to install suitable wastewater disposal facilities therein,
and to connect such facilities directly to the proper sewer in accordance
with the provisions of this section, within 90 days after date of
official notice to do so, provided that the proper wastewater sewer
is within 200 feet (61 meters) of the property line, or if required
by the Jackson County Health Department. Any septic tanks, cesspools
or similar wastewater disposal facilities shall, upon connection of
toilet facilities to the wastewater sewer, be emptied of wastes and
refilled with suitable material to prevent collapse. This section
shall not apply to any persons served by a privately constructed,
owned, operated, and maintained wastewater sewer and wastewater treatment
facility which discharges directly to a natural outlet in accordance
with the provisions of this section and applicable state and federal
laws.
A.
Connection and use permits.
(1)
No unauthorized person shall uncover, use, alter, disturb or make
any connections with or opening into any wastewater sewer or a storm
sewer, nor shall any person discharge any substance into such sewers,
without possessing a valid connection and use permit of a class appropriate
to the use of the premises and the discharges to the wastewater facilities
therefrom. All persons presently using the Township's wastewater
facilities shall be deemed to possess a valid connection and use permit
which shall continue until:
(2)
There shall be three classes of permits for connections to and use
of the Township's wastewater facilities: Class I, residential
users; Class II, commercial users; and Class III, industrial users.
In all cases, the owner shall make application on a form furnished
by the Township for a permit of the applicable class to connect to
and use the Township's wastewater facilities. The permit application
shall be supplemented by such wastewater information as required by
the Supervisor to administer this article. A permit and inspection
fee in an amount determined by rate resolution of the Township Board
shall be paid to the Township at the time an application is filed.
(3)
The Supervisor may deny a connection and use permit if the application for permit shows that anticipated discharges will be harmful to the Township's wastewater facilities, will violate the provisions of this section, or in any other way will hamper the operations of those facilities. The Supervisor may require, as a condition to granting such permit, that the applicant enter into an agreement as set forth in § 99-36C of this article.
(4)
The Supervisor shall not issue a connection and use permit for any
applicant unless there is sufficient capacity, not legally committed
to other users, in the wastewater sewers and treatment facilities
to convey and adequately treat the quantity and quality of wastewater
which the requested connection will add to the system. The Supervisor
may allow such permit if there are legally binding commitments to
provide the needed capacity.
B.
Connection costs. The costs and expenses incidental to the building
sewer installation and connection to the Township's wastewater
facilities shall be borne by the owner. The owner shall indemnify
the Township from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
C.
Separate connections required. A separate and independent building
sewer shall be provided for every building, except that where one
building stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building through
an adjoining alley, courtyard, or driveway, the building sewer in
the front building may be extended to the rear building and the whole
considered as one building sewer. The Township assumes no responsibility
for damage caused by or resulting from any single building sewer which
serves two buildings.
D.
Existing building sewers. Existing building sewers may be used for
connection with new buildings only when they are found, on examination
and test by the Supervisor, to meet the requirements of this section.
E.
Building sewer design. The size, slope, alignment, construction materials,
trench excavation and backfill methods, pipe placements, jointing
and testing methods used in the construction and installation of the
building sewer shall conform to the building and plumbing code or
other applicable requirements of the Township. In the absence of code
provisions or in amplification thereof, the materials and procedures
set forth in appropriate specifications of the ASTM and WPCF shall
apply.
F.
Building sewer elevation. Whenever practicable, the building sewer
shall be brought to a building at an elevation below the basement
floor. In buildings in which any building drain is too low to permit
gravity flow to the Township's wastewater sewer, wastewater carried
by such building drain shall be lifted by an approved means and discharged
to a building sewer draining to the Township's sewer.
G.
Connections to natural outlets or storm sewers. No person shall connect
roof, foundation, areaway, parking lot, roadway, or other surface
runoff or groundwater drains to any sewer which is connected to the
Township's wastewater treatment plant unless such connection
is required for purposes of disposal of polluted surface drainage
and is approved in writing by the Supervisor.
H.
Conformance to applicable codes.
(1)
The connection of a building sewer into a wastewater sewer shall
conform to the requirements of the building and plumbing code or other
applicable requirements of the Township or the procedures set forth
in appropriate specifications of the ASTM or the WPCF. The connections
shall be made gastight and watertight and verified by proper testing.
Any deviation from the prescribed procedures and materials must be
approved in writing by the Supervisor before installation.
(2)
The connection of a surface runoff or groundwater drain to a storm sewer or natural outlet designed to transport surface runoff or groundwater drainage shall conform to the requirements of the applicable building code or other applicable requirements of the Township. The connection of any such drain to a wastewater under special permit as provided under § 99-34A shall conform to the requirements specified by the Supervisor as a condition of approval of such permit.
I.
Connection inspection. The applicant for a building sewer or other
drainage connection and use permit shall notify the Supervisor when
such sewer or drainage connection is ready for inspection prior to
its connection to the Township's wastewater facilities, and upon
payment of any fees required by the Township, inspection and testing
as deemed necessary by the Supervisor and as required by Township
building or plumbing codes shall be conducted.
J.
Excavation guards and property restoration. Excavations for building
sewer installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the Township.
A.
Critical materials spill prevention plan.
(1)
CRITICAL MATERIAL
CRITICAL MATERIALS FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any substance listed on the State of Michigan Water Resource
Commission critical materials register, as amended from time to time,
and shall include any other substance which, if discharged to the
Township's wastewater facilities, would, either singly or by
interaction with other substances, violate this section's restriction
on discharges.
Any premises where critical materials are stored, used, or
handled.
(2)
No person shall store, use or handle any critical materials, or cause
any critical materials to be stored, used, or handled, in the Township
of Blackman except in accordance with and pursuant to a spill prevention
plan for critical materials that has been approved in writing by the
Supervisor.
(3)
The owner, operator or manager of a critical material facility after
the effective date of this article, or 30 days prior to the first
storage, use, or handling of a critical material in the case of new
construction or operations, shall prepare a spill prevention plan
for critical materials. Such spill prevention plan shall include:
(a)
The procedures by which the critical material facility shall
prevent spills of critical materials into Township wastewater facilities
from receiving, storage, and use areas, manufacturing processes, treatment
systems, and shipping of materials, including the details of those
procedures for containment structures required by this section;
(b)
The surveillance procedures to be employed by the critical materials
facility for loading and offloading processes and for manufacturing
processes, treatment systems, and storage areas;
(c)
Emergency cleanup procedures to be used in case of a spill,
discharge, seepage, runoff or leakage of critical materials into a
public sewer; and
(d)
The method by which inventories are made of critical materials
from the time the critical material is received or manufactured until
such time as it is treated and discharged or shipped out by the facility.
(4)
If the Supervisor determines that a spill prevention plan for critical
materials prepared pursuant to this section does not comply with the
requirements of this section, the Supervisor may return such plan
to the owner, operator or manager of the facility with findings and
recommendations, and may require modifications thereof. The owner,
operator, or manager of the facility shall modify and resubmit the
spill prevention plan to the Township within 30 days following the
request.
(5)
The Supervisor shall approve a spill prevention plan for critical materials if the plan complies with the requirements of Subsection A(2) of this section and reasonably provides for containment and surveillance of critical materials so as to prevent their introduction into Township wastewater facilities.
B.
Containment structure for critical materials storage and use areas.
(1)
A storage
or use area at a critical materials facility with critical materials
in liquid form shall be diked, curbed, or otherwise structurally enclosed
so as to be capable of containing not less than 150% of the liquid
polluting materials containing the critical materials which are stored
or used, unless a lesser containment area or alternate control measures
are approved in writing by the Supervisor as part of a critical materials
spill prevention plan.
(2)
Critical materials in solid form shall be stored in security areas
designed to prevent the loss of such material to the Township's
wastewater facilities.
C.
Surveillance.
(1)
Upon any unloading or offloading of critical materials through a conduit to or from a storage facility, tanker, or other means of transportation, surveillance in accordance with a critical materials spill prevention plan approved by the Supervisor under Subsection A of this section shall be conducted by the critical materials facility until all such operations are completed, so that any critical material spillage can be immediately detected and procedures implemented to prevent the critical material from reaching the Township's wastewater facilities.
(2)
Critical materials facilities shall maintain adequate surveillance
in accordance with a critical materials spill prevention plan of all
manufacturing processes, treatment systems, storage areas and other
such areas so that critical material loss therefrom can be immediately
detected and procedures implemented to prevent the critical material
from reaching the Township's wastewater facilities.
D.
Spillage report. The owner, operator, or manager of a facility which
spills a critical material shall immediately notify the Supervisor
of such a spill. Within 10 days of the spill, the critical material
facility shall file a report with the Supervisor outlining the nature
of the spill, its cause, its discovery, steps taken to prevent the
critical material from reaching the Township's wastewater facilities,
reasons for the failure of the spill prevention plan, and the procedures
the facility will take to prevent a recurrence of the spill.
A.
Connection and use permit. No person shall discharge or cause to be discharged any wastes or wastewaters into the Township's wastewater facilities without first obtaining the appropriate connection and use permit from the Supervisor in accordance with § 99-34A of this article.
B.
Restricted discharges. No person shall discharge or cause to be discharged
to any of the Township's wastewater facilities any substances,
materials, waters, or wastes in such quantities or concentration which:
(1)
Will create a fire or explosion hazard (including substances such
as gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas);
(2)
Will cause corrosive damage or hazard to structures, equipment, or
personnel of the Township's wastewater facilities;
(3)
Have a pH lower than 5.0 or greater than 10.0 for more than 10% of
the time in a twenty-four-hour period;
(4)
Have a pH lower than 3.5 or greater than 12.0 for any period exceeding
15 minutes;
(5)
Will cause obstruction to the flow in sewers, or other interference
with the operation of wastewater facilities due to accumulation of
solid or viscous materials;
(6)
Will constitute a rate of discharge and/or concentration which substantially
deviates from normal rates of discharge, thereby creating a slug discharge,
sufficient in magnitude to cause interference with the operation and
performance of the wastewater facilities;
(7)
Contain heat in amounts which will accelerate the biodegradation
of wastes, causing the formation of excessive amounts of hydrogen
sulfide in the wastewater sewer or inhibiting biological activity
in the wastewater treatment facilities, or which will cause the temperature
in the wastewater sewer to exceed 58° C. (150° F.) or the
temperature of the influent to the treatment facilities to exceed
40° C. (104° F.) unless the facilities can accommodate such
heat;
(8)
Contain more than 100 mg/l of nonbiodegradable oils of mineral or
petroleum origin;
(9)
Contain floatable oils, fat, or grease;
(10)
Contain noxious, malodorous gas or substance which is present
in quantities that create a public nuisance or a hazard to life;
(11)
Contain radioactive wastes in harmful quantities as such quantities
are defined by applicable state and federal regulations;
(12)
Contain any garbage that has not been properly shredded;
(13)
Contain any odor or color producing substances exceeding concentration
limits which may be established by the Supervisor for purposes of
meeting the Township's NPDES permit;
C.
Special agreements. Nothing in this section shall be construed as preventing a special agreement or arrangement between the Township and any user of the wastewater facilities whereby wastewater otherwise prohibited by this section is accepted into the system, if the Supervisor determines that the wastewater facilities are capable of handling such discharges. Any such agreement or arrangement shall contain provisions whereby the user shall pay a surcharge, which surcharge shall be according to rates established by resolution of the Township Board, and which shall compensate the Township for added treatment costs made necessary by the excess constituent discharged. A continued violation of the terms of such agreement, after notice of such violations as provided in § 99-31D of this article, shall be a violation of this section, punishable as provided in § 99-49 of this article.
D.
Alternate limits. Where it appears to the Supervisor that the purposes
of this section would be served by establishing alternate limits for
individual users of the Township's wastewater facilities, the
Supervisor may approve mass limits of a stringency comparable to those
limits established in this section for purposes of providing a more
practical means of discharge monitoring or for recognizing the impact
of water conservation on discharged concentrations.
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.
A.
Standards for measurements, tests and analyses. Measurements, tests,
and analyses of the characteristics of wastewater to which reference
is made in this section shall be determined in accordance with the
latest edition of "Standard Methods for the Examination of Water and
Wastewater," published by the American Public Health Association,
or such alternate methods approved by the Supervisor which comply
with state and federal law. Sampling methods, locations, times, durations,
and frequencies are to be determined on an individual basis as set
forth in this section. The discharger shall have the option to use,
at its own expense, more complete sampling methods, locations, times,
durations, and frequencies than specified by the Supervisor.
B.
Review of standards. Measurements, tests, and analyses of the characteristics
of wastewater required by this section shall be performed by a qualified
laboratory. When such analyses are required of a discharger, the discharger
may, in lieu of using the Township's laboratory, make arrangement
with any qualified laboratory, including that of the discharger, to
perform such analyses.
C.
Consideration of factors. In determining the discharge characteristics,
factors such as continuous or batch operation, and seasonal operation,
as well as the information obtained from dischargers under the provisions
of this section, shall be considered by the Supervisor. The Supervisor
may obtain wastewater samples as required to verify the consistency
of discharge characteristics.
A.
Information required.
(1)
Class III permit dischargers. All dischargers with a Class III permit
shall file with the Township such wastewater information as is deemed
necessary by the Supervisor for determination of compliance with this
section, the Township's NPDES permit conditions, and state and
federal law.
(2)
Separate locations of Class III permits. Where a discharger owns,
operates or occupies properties designated as Class III dischargers
at more than one location, separate information shall be submitted
for each location, as required by the Supervisor.
(3)
Confidentiality of information. The Supervisor shall implement measures
to ensure the confidentiality of all information provided by a Class
III discharger pursuant to this section. In no event shall the Township
disclose any claimed confidential information to any person without
prior notice in writing to the discharger and without providing the
owner with the opportunity to protect such confidential information.
(4)
Statement of compliance to federal standards. Persons required to
pretreat wastewater by Federal Categorical Pretreatment Standards
may be required by the Supervisor to provide a statement indicating
that applicable pretreatment requirements are being met on a consistent
basis and, if not, describing the additional operation and maintenance
for additional pretreatment required for the use to meet the pretreatment
requirements. If additional pretreatment or operation and maintenance
will be required to meet the pretreatment requirements, the user shall
submit a plan (including schedules) to the Supervisor. The plan shall
be consistent with applicable conditions of the Township's NPDES
permit or other local, state or federal laws.
B.
Access for monitoring.
(1)
Providing access. When required by the Supervisor, the owner of any
property serviced by a building sewer which requires a Class III permit
shall provide suitable access and such necessary meters and other
monitoring facilities in the building sewer to facilitate observation,
sampling, and measurement of the wastewater. Such access shall be
in readily and safely accessible location and shall be provided in
accordance with plans approved by the Supervisor. The access and monitoring
facilities shall be provided and maintained operational at the owner's
expense so as to be safe and accessible at reasonable times.
(2)
Consideration of factors. The Supervisor shall consider such factors
as the volume and strength of discharge, rate of discharge, quantities
of toxic materials in the discharge, wastewater treatment facility
removal capabilities, and cost effectiveness in determining whether
or not access and equipment for monitoring Class III wastewater discharges
shall be required.
(3)
Alternate methods. Where the Supervisor determines access and equipment
for monitoring or measuring Class III wastewater discharges is not
practicable, reliable, or effective, the Supervisor may specify alternative
methods of determining characteristics of the wastewater discharged
which will, in the Supervisor's judgment, provide an equitable
measurement of such characteristics.
C.
Schedule of monitoring.
(1)
Monitoring of wastewater characteristics necessary for determination
of compliance with applicable pretreatment standards shall be conducted
on the basis of the following schedule, unless more frequent monitoring
is required by authority other than this section, or if the Supervisor
determines that the characteristics of the specific discharge warrant
a different frequency monitoring:
|
Average Actual Daily User Discharge
|
Monitoring Frequency
| |
|---|---|---|
|
Less than 100,000 gpd
|
Semiannually
| |
|
100,000 to 999,999 gpd
|
Quarterly
| |
|
More than 999,999 gpd
|
Monthly
|
(2)
Monitoring of wastewater characteristics for any purpose other than
determination of compliance with pretreatment standards shall be conducted
on a frequency deemed necessary by the Supervisor.
(3)
Upon demonstration by any discharger that the characteristics of
the wastewater discharged are consistent, the Supervisor may reduce
the frequency, except in no case shall the frequency of monitoring
be less than semiannual for the determination of compliance with pretreatment
standards.
D.
Fees for monitoring. Fees for any given sample collection, flow measurement,
test, or analysis of wastewater required for monitoring discharges
shall be the same for all classes of dischargers regardless of the
quantity or quality of the discharge and shall reflect only the Township's
direct cost. Costs of analyses performed by an independent laboratory
at the option of the discharger shall be borne directly by the discharger.
A.
Supervisor's authority.
(1)
While the Supervisor should initially rely upon the Federal Categorical Pretreatment Standards as set forth in § 99-37 of this article, if the Supervisor determines that any wastewater contains substances or possesses characteristics shown to have deleterious effects upon the wastewater facilities, processes, equipment, or receiving waters, or on the reuse practices of treated wastewater or wastewater sludge, or if any wastewater constitutes a public nuisance or hazard, in addition to other powers of the Supervisor set forth in this section, the Supervisor may require of any user discharging such wastes:
(a)
Pretreatment of wastes to a condition acceptable for discharge
to the wastewater facilities;
(b)
Payment to the owner of any added costs of handling and treating
the wastewater, which costs are not recovered from existing fees or
charges;
(c)
The development of and conformance to compliance schedules to
meet any applicable pretreatment requirements;
(d)
The submission of reports necessary to assure compliance with
applicable pretreatment requirements;
(e)
Regulation of the quantities and rates of wastewater discharge.
(2)
The Supervisor may further control such wastewater discharges by
the following methods:
(a)
Carrying out all inspection, surveillance, and monitoring necessary
to determine compliance with applicable pretreatment requirements;
(b)
Obtaining remedies for noncompliance by any user, including
injunctive relief, or criminal penalties; or
(c)
If scientific evidence discloses that discharge will create
unreasonable hazards or have unreasonable deleterious effects on the
wastewater facilities, including wastewater and sludge reuse practices,
the Supervisor may reject the wastewater.
(3)
Failure to comply with any requirements imposed by the Supervisor
hereunder shall constitute a violation of this section.
B.
Pretreatment facilities. When considering the above enforcement alternatives,
the Supervisor shall ensure that the Township's NPDES permit
requirements are met. If the Supervisor requires a pretreatment or
equalization of wastewater flows, the installation of the necessary
facilities by the owner shall be subject to review by the Township.
C.
Damages to wastewater facilities. If the drainage or discharge from
any establishment causes a deposit, obstruction, or damage to any
of the Township's wastewater facilities, including any type of
contamination of sludge intended for land application, the Supervisor
shall cause the deposit or obstruction to be promptly removed or cause
the damage to be promptly repaired or remedied. The cost of such work,
including materials, labor, and supervision, shall be paid by the
person who introduced or allowed to be introduced the drainage or
discharge into the Township's wastewater facilities. The Supervisor
may suspend or revoke any connection and use permit issued to a person
who fails to pay such costs.
A.
Unlawful discharge of wastewater. It shall be unlawful for any person,
being the owner, occupant or person in control of any building situated
outside the corporate limits of the Township, to discharge, or to
permit or cause the discharge of, wastewater into the Township's
wastewater facilities, without having first obtained a permit therefor.
B.
Indirect physical connection with wastewater facilities. The owner,
occupant or person in control of any premises inside or outside the
Township shall be considered as connected with the Township's
wastewater facilities when any building or structure thereon has a
physical connection with a county drain or public or private sewer
by way of pipe, tile, tube or other conduit, whether or not such sewage
passes through a septic tank, cesspool, or other similar device, when
such drain or sewer in turn conveys the sewage or effluent into the
Township's wastewater facilities.
C.
Evidence of discharge of sewage. The ownership, occupancy or control
of any building or structure, thus having a physical connection with
a county drain or public or private sewer, which connects with and
flows into the Township's wastewater facilities, shall be prima
facie evidence of the discharge of or the permitting or causing the
discharge of sewage into the Township's wastewater facilities.
D.
Stormwater connections. It shall be unlawful for any person, being
the owner, occupant, or person in control of any storm sewer or drain
situated outside the corporate limits of the Township, to discharge,
or to permit or cause the discharge of, stormwater into the Township's
sanitary sewers.
E.
Record of discharges. It shall be the duty of the Supervisor by any
lawful means to determine what persons owning, occupying, or controlling
premises outside the Township are discharging, or permitting or causing
the discharge of, wastewater into the Township's wastewater facilities.
The Supervisor shall maintain records thereof, which records shall
be kept as current as possible.
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.[1]
[1]
Editor's Note: See MCLA § 141.101 et seq.
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:
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:
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.
