[Amended 12-4-2023 by Ord. No. 300]
A. 
It shall be the duty of the owner of any structure in which sanitary sewage originates to connect to available public sanitary sewer system at his or her own expense within 120 days after notice of availability. Each newly constructed residential, commercial, or industrial premises, or combination thereof, in which sanitary sewage originates shall immediately connect to an available public sanitary sewer system.
B. 
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 Village or in any area under the jurisdiction of the Village any human or animal excrement, industrial waste, garbage or objectionable waste. This subsection shall not apply to the making or use of compost or fertilizer by any person on his or her property if done in compliance with any and all laws, ordinances, and regulations as part of a lawful business or domestic agricultural activity which poses no substantial threat to public health, safety or welfare and is not a common law nuisance.
C. 
It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the jurisdiction of the Village, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with all applicable rules and regulations of local, state, and federal regulatory agencies.
D. 
Except for facilities approved by the County Health Department in accordance with the County Public Health Code sewage disposal regulation, 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 within the Village.
A. 
Permits for connections with sanitary sewers shall be issued by the Administrator. Such a permit shall not be issued until all assessments due and the charge for sewer connections have been paid to the Village Treasurer and until the Administrator has determined that there is capacity available for the wastewater to be discharged in all downstream sewers, lift stations, force mains, and the wastewater treatment plant, including capacity for compatible wastes.
B. 
The Administrator may require from any proposed user, or from any existing user who is altering the composition of the wastewater, a compatibility study to demonstrate, to the satisfaction of the Administrator, that the wastewater to be discharged is compatible with the existing wastewater system, will not affect any requirements imposed upon the Village, and will not adversely affect the wastewater system. Such study shall be at the expense of the user.
No person not duly authorized shall make any connection with any of the sanitary sewers, or tap any main, lateral or private connecting sanitary sewer.
[Amended 8-19-1996 by Ord. No. 223; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village shall not furnish public sewer outside the corporate limits of the Village except as grandfathered as a preexisting condition by action of the Village Council pursuant to adoption of this chapter.
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this chapter and which in the judgment of the Administrator may deleteriously affect the wastewater system; carry through the system untreated any pollutant regulated by the NPDES permit issued to the City of Kalamazoo or the Village; constitute a hazard to human or animal life or to any watercourse receiving the treated effluent of the wastewater system; violate any pretreatment standards; or cause the wastewater system to violate its NPDES permit or other applicable receiving water standard, the Administrator may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer use charges under the provisions of Village ordinance or resolutions.
B. 
If the Administrator permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the State Department of Natural Resources in accordance with the laws of the state and regulations promulgated thereunder. The property owner shall not commence construction of such facility until he or she has obtained such approvals in writing from the Administrator and appropriate state agencies.
C. 
All contributing industrial users of the treatment facilities shall pretreat any pollutant in its wastewater which may interfere with, pass through, reduce the utility of municipal sludge, or otherwise be incompatible with the treatment works. Pretreatment of such pollutants shall be in accordance with Section 307 of Public Law 92-500, 40 CFR 403, and as determined by the Administrator. All owners of any source to which pretreatment standards are applicable shall be in compliance with such standards within the shortest reasonable time, but not later than the date of compliance required by 40 CFR 403 or the date established by the Administrator, whichever first occurs. All owners of any source to which pretreatment standards are applicable shall submit to the Administrator semiannual notices regarding specific actions taken to comply with such standards. Such notices shall be submitted on April 1 and October 1.
D. 
If any contributing industrial user proposes to pretreat its wastes, the design and installation of the plants and equipment shall be subject to the review and approval of the Administrator.
No person shall convey, deposit, or cause or allow to be discharged, conveyed, or deposited into the wastewater system any pollutant other than a compatible pollutant which the system expressly agrees to accept from a user or any wastewater containing any of the following:
A. 
Oils and grease. Fats, wax, grease, or oils in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 0° and 65° C. at the point of discharge into the wastewater system, or concentrations or amounts of oil or grease from industrial facilities violating pretreatment standards.
B. 
Explosive mixtures. Liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion. Such prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, and carbides.
C. 
Noxious materials. Solids, liquids, or gases from processes of user's business, trade or profession which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for maintenance or repair.
D. 
Improperly shredded garbage. Garbage which is not properly shredded.
E. 
Radioactive wastes. Radioactive wastes or isotopes, unless their disposal via wastewater is authorized by federal, state, and local regulations, and then only when discharge into the wastewater system does not cause damage or a hazard to the system, the persons operating the system, or the general public.
F. 
Excessive levels of toxic substances. Any toxic substances in amounts which cannot be handled by the system and which exceed standards promulgated by the United States Environmental Protection Agency pursuant to Section 307(b) of the FWPCA, or toxic substances included in any regulations of the State Department of Natural Resources which identify and prohibit discharge of toxic substances into the water of the state.
G. 
Untreatable pollutants. Any pollutant which deleteriously affects the wastewater system or process, or any pollutant which is regulated by the NPDES permit in effect issued to the City of Kalamazoo and/or the Village and which will pass untreated or unaffected by the treatment system.
H. 
Discoloring pollutants. Any pollutant which imparts a color to the wastewater in the wastewater system, which color cannot be removed by the system's treatment process or which is prohibited by the NPDES.
I. 
Corrosive wastes. Any wastewater having a pH lower than 6.2 or higher than 9.8, measured at the point of entry to the wastewater system, or having any other corrosive property capable of causing damage to any equipment or portion of the wastewater system or injury to the system's personnel.
J. 
Solids. Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow of sewers or other interference with the proper operation of the wastewater system, such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair, fleshings or entrails.
K. 
Temperature. A temperature greater than 65° C. (149° F.) or less than 30° C. (37.4° F.).
A. 
The purpose of this section is to prevent inflow and the overloading of the sewers of the Village by the discharge of water used for cooling purposes.
B. 
No equipment using direct or indirect water cooling may be installed in the Village unless a means of water disposal, other than discharge into the Village's sanitary sewers, is provided. No person desiring to use any such equipment shall commence installing the same until there has been filed with the Building Official such information as, in his or her judgment, is necessary to enable him or her to determine whether or not such equipment meets the requirements of this section. No permit for the installation of any such equipment may be issued by the Building Official involving a connection to the Village's storm sewers until a permit has been obtained from the Village.
C. 
Any authorized agent of the Village may enter onto the premises of any person using water as a cooling medium for equipment any time that the sewers connected to such equipment become overloaded, and may order such equipment shut off. If it is not shut off promptly, such agent of the Village may shut the water off so that there cannot be any entry into the Village sewers during the period the sewers are overloaded.[1]
[1]
Editor's Note: Original §§ 74-143 and 74-144 of the 1995 Village Code, pertaining to stormwater discharges and discharge into storm sewers, respectively, which previously followed this section, were superseded 6-21-2010 by Ord. No. 261. See now Ch. 400, Stormwater Quality Protection.
A. 
No discharge shall exceed the peak flow rate projected by the user as a condition precedent to connection to the wastewater system.
B. 
No wastewater shall be discharged at a rate which upsets or interferes with the treatment process or causes a hydraulic surge in the wastewater system.
C. 
No unpolluted water shall be discharged into the system if the discharge would increase the hydraulic load on the wastewater system.
A. 
If for any reason a person discharges, or causes or permits to be discharged, any pollutant or wastewater containing a pollutant into the wastewater system in violation of this chapter, that person shall immediately notify the Administrator of such discharge to enable the Administrator to take any action necessary for the protection of the system or the prevention of any health hazard. Notification shall be given either as soon as the person has reason to know of the discharge or immediately after the discharge, whichever is sooner.
B. 
The Administrator may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
(1) 
Wastewaters discharge peak rate and volume over a specified time period.
(2) 
Chemical analyses of wastewaters.
(3) 
Information on raw materials, processes, and products affecting wastewater volume and quality.
(4) 
Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
(5) 
A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
(6) 
Details of wastewater pretreatment facilities.
(7) 
Details of systems to prevent and control the losses of materials through spills to the municipal sewer. Any industry that has materials that could spill into the sewer system shall provide for containment of the material on site. Containment capacity shall be equal to the storage capacity provided for liquids, oils, or other toxic materials stored at the plant.
(8) 
Such other information as may be required by the NPDES permit in effect for the Village's treatment system.
C. 
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this section and other sections 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. All tests shall conform to EPA Regulation 40 CFR 136 "Guidelines Establishing Test Procedures for Analysis of Pollutant Sampling." Methods, location, times, durations, and frequencies are to be determined on an individual basis, subject to approval by the Administrator and other regulatory agencies.
A. 
A violation of the provisions of this chapter shall be considered a public nuisance per se, and any action authorized or permitted by law for the abatement of public nuisances may be instituted by the Village in regard to such violation.
B. 
Whenever the Administrator finds that a violation of this chapter is occurring and presents an emergency which threatens immediate serious harm to any portion of the wastewater system or which threatens to or does create an immediate health hazard, the user's wastewater service may be terminated by order of the Administrator, pending further investigation and hearing under § 365-28.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Whenever a person has violated any provision of this chapter, the Village may take any legal action necessary to recover damages sustained by the Village as a result. Such damages shall include, but are not limited to, lost revenues from the federal or state government and any fines or other penalties which are the result of the violation.
[Amended 5-15-2023 by Ord. No. 299; 12-4-2023 by Ord. No. 300]
A. 
Notice. In addition to any remedies provided elsewhere in this chapter, whenever the Administrator has reason to believe that any user has committed or is committing an offense covered by this chapter, he or she may serve upon the user a written notice stating the nature of the alleged violation and describing the time for and the nature of required correction.
B. 
Order to appear for hearing. If the violation is not corrected as prescribed in the notice, the Administrator may issue an order to the user to appear for a hearing and show cause why service should not be terminated.
C. 
Service of notice. The notice and order to show cause shall be served upon the user by personal service or by certified mail, return receipt requested, to the user's last known address.
D. 
Conduct of hearing. The hearing shall be conducted by the Village Council, or a hearing officer appointed by it, who shall render a written decision determining whether the user's service shall be terminated and stating the reasons. Admissibility of evidence at the hearing shall be within the discretion of the Village Council or hearing officer.
E. 
Representation of user; record of proceedings. The user shall be entitled to be represented at the hearing in person or by an attorney at his or her own expense and shall be entitled to examine witnesses for the Village and present evidence on his or her own behalf. A record shall be made of the proceedings, but such record need not be verbatim.
F. 
Request for hearing. The user whose service is terminated without prior hearing may request such a hearing as described herein to permit him or her to show why his or her service should not have been terminated and should be resumed. Such requests shall be granted, but service will not be resumed unless so ordered by the Village Council or hearing officer.