[HISTORY: Adopted by the City Council of the City of Bridgman as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-21-1981 by Ord. No. 81 (Ch. 404.000 of the 1999 Compiled Ordinances)]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
- The American Society of Testing and Materials.
- BOD 99 (denoting BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20° C., expressed in milligrams per liter.
- BUILDING DRAINS
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building walls.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other places of disposal.
- COD (denoting CHEMICAL OXYGEN DEMAND)
- The oxygen-consuming capacity of inorganic and organic matter present in wastewater.
- COMPATIBLE POLLUTANT
- The pollutants which are treated and removed to a substantial degree by the treatment works.
- Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale or produce.
- INDUSTRIAL USER
- Any nongovernmental, nonresidential user identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under Division A, B, D, E and I and as defined in 40 CFR 35.905 published September 27, 1978, in the Federal Register.
- INDUSTRIAL WASTEWATER
- The wastewater discharges from industrial, trade or business process, as distinct from their employees' domestic wastes and wastes from sanitary convenience.
- MAJOR CONTRIBUTING INDUSTRY
- An industrial user of the publicly owned treatment works:
- Milligrams per liter.
- NATURAL OUTLET
- Any outlet into a watercourse pond, ditch, lake or other body of surface water or groundwater.
- NORMAL STRENGTH DOMESTIC WASTEWATER
- Wastes which have a BOD of 275 milligrams per liter, suspended solids of 250 milligrams per liter, phosphorus of 15 milligrams per liter, have a pH between 6.5 and 9.5 or less and do not contain a concentration of other constituents which will interfere with the normal wastewater treatment process.
- NPDES PERMIT
- National Pollutant Discharge Elimination System Permit. According to the Federal Water Pollution Control Act, as amended by Public Law 92-500, it prohibits any person from discharging pollutants into a waterway from a point source unless his discharge is authorized by a permit issued either by the U.S. Environmental Protection Agency or by an approved state agency.
- OPERATION AND MAINTENANCE (O&M)
- All costs, direct and indirect, not including debt service, but inclusive of expenditures attributable to administration, equipment replacement and treatment and collection of wastewater necessary to ensure adequate treatment and collection on a continuing basis in conformance with applicable regulations.
- Any individual, firm, company, association, society, corporation, or group.
- The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter.
- PL 92-500
- The federal Water Pollution Control Act of 1972, being Public Law 92-500 of the 92nd Congress and adopted on October 18, 1972.
- Parts per million.
- The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to discharge of the public sewer.
- PRIVATE WASTEWATER DISPOSAL SYSTEM
- A cesspool, septic tank or similar device which discharges to a suitable drainage field.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
- Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance, for which such works were designed and constructed.
- SANITARY SEWER
- A sewer which carries wastewater and to which stormwater, surface water and groundwater are not intentionally admitted.
- SEWER SERVICE CHARGE
- The rate charged by the City of Bridgman for providing wastewater collection and treatment service.
- A pipe or conduit for carrying wastewater.
- SHALL; MAY
- "Shall" is mandatory. "May" is permissive.
- Any discharge of water, wastewater or industrial wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period or duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
- STORM SEWER
- A sewer for conveying stormwater, surface water or other waters which is not intended to be transported to a treatment facility.
- The water and sewer superintendent of the City of Bridgman, or his authorized deputy, agent or representative.
- As a part of the service, any customer discharging wastewater having strength in excess of 300 mg/l BOD and 350 mg/1SS will be required to pay an additional charge to cover the cost of treating with excess-strength wastewater.
- SUSPENDED SOLIDS
- Solids that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are removable by laboratory filtering.
- The United States Environmental Protection Agency, which assures the protection of the environment by abating or controlling pollution on a systematic basis.
- USER CHARGE
- A charge levied on users of treatment works for the cost of operation and maintenance or the retirement of debt of such works.
- USER CLASSES
- The recipient of wastewater treatment services will be assigned to one of the three classes: industrial users, commercial users and residential users. These classifications are discussed in § 410-6.
- One or more of the following: water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwater, surface water and stormwater as may unintentionally be present.
- WASTEWATER FACILITIES
- All facilities for collecting, pumping, treating and disposing of wastewater.
- WASTEWATER TREATMENT PLANT
- Any arrangement of devices and structures used for treating wastewater.
- A channel in which a flow of water occurs either continuously or intermittently.
- The Water Pollution Control Federation.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City of Bridgman, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the City of Bridgman, or in any area under the jurisdiction of said City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
Except as hereinafter provided, 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.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City is hereby required at this expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 60 days after date of official notice to do so, provided that said public sewer is within 200 feet of the property line.
Any industry or structure discharging process flow to the sanitary sewer, storm sewer or receiving stream shall file the material listed below with the City Clerk within 90 days after the enactment of this article, unless otherwise noted. The City may require each person who applies for or receives sewer service, or through the nature of the enterprise creates a potential environmental problem, to file the material listed below.
File a written statement setting forth the nature of the enterprise, the source and amount of water used, and the amount of water to be discharged, together with the present or expected bacterial, physical, chemical, radioactive or other pertinent characteristics of the wastewater.
Provide a plan map of the building, works or complex, with each outfall to the surface waters, sanitary sewers, storm sewers, natural watercourse or groundwater noted, described, and the waste stream identified.
Sample, test and file reports with the City Clerk and the appropriate state agencies on applicable flow concentration characteristics of wastewaters being discharged, according to methods approved by the City.
Place waste treatment facilities, process facilities, waste streams or other potential waste problems under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities.
Provide a report on raw materials entering the process or support systems, intermediate materials, final products and waste by-products as those factors may affect waste control and waste disposal.
Record and file reports on the final disposal of specific liquids, solids, sludges, oils, radioactive materials, solvents or other wastes.
If any industrial process is to be altered as to include or negate a process waste or potential waste, written notification if any industrial process is to be allowed as to include or negate a process waste or potential waste.
Annual progress reports to the City outlining progress towards compliance with pretreatment requirements developed by the Environmental Protection Agency.
Where a public sanitary sewer is not available under the provisions of § 410-2D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit for construction and operation, signed by the City Clerk. The application for such a permit shall be made on a form furnished by the City; which the applicant shall supplement with plans, specifications and other information as are deemed necessary by the water and sewer superintendent. Other applicable county, state and/or federal permits may also be required and construction must comply with their requirements. A permit and inspection fees shall be paid to the City Treasurer at the time the application is filed.
The operation portion of the permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the water and sewer superintendent. He shall be allowed to inspect the work at any state of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within five days of the receipt of notice by the superintendent.
The type, capacities, location and layout of a private wastewater disposal system shall comply with all local, county, state and federal requirements. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 3/4 acre. No septic tank or cesspool shall be permitted to discharge to any public sewer.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 410-2D, a direct connection shall be made to the public sewer in compliance with this article within 60 days and any septic tanks, cesspools and similar private wastewater disposal facilities shall be abandoned, cleaned of all sludge and filled with clean bank-run gravel or granular fill.
The private owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City.
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Berrien County Health Department or the State of Michigan.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent. Permits shall not be issued if sufficient capacity does not exist in the existing public sewer or wastewater treatment facilities.
There shall be two classes of building sewer permits: for residential and commercial service, and for service to establishments producing industrial wastewater. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by the plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit and inspection fees shall be paid to the City Treasurer at the time of application is filed.
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building; except 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, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. The City assumes no obligation or responsibility for damage caused by or resulting from any single building sewer which serves two or more buildings.
Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the City, to meet all requirements of this article.
The size, slope, alignment, and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Bridgman. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 will comply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such building drain shall be lifted by any approved means and discharged to the building sewer.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drab or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. All existing downspout connections will be disconnected from the sanitary sewer system within 120 days following the enactment of this article or on discovery of such existing conditions.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Bridgman, or the procedures set forth in appropriate specifications of the ASTAM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight.
The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative.
All excavation 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 City.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwaters and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the appropriate state agency. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the appropriate state agency, to a storm sewer or natural outlet.
Except as hereinafter provided by specific limits, no person shall discharge or cause to be discharged waters or wastewaters to any public sewer which possess any of the following properties:
Biochemical oxygen demand in excess of 300 mg/l.
Chemical oxygen demand in excess of 450 mg/l.
Chlorine demand in excess of 15 mg/l.
Color, as from, but not limited to, dyes, inks, and vegetable tanning solutions, shall be controlled to prevent light absorbency which would interfere with treatment processes or prevent analytical determination.
Explosive liquid, solid or gas, gasoline, benzene, naphtha, fuel oil or other flammables.
Garbage not properly shredded (particle size greater than 1/2 inch).
Grease, oils, wax, fat, whether emulsified or not in excess of 50 mg/l, or other substances which may solidify or become viscous at temperatures between 32° F. and 150° F.
Industrial wastewaters containing materials listed below with concentrations above those given:
Inert suspended solids (such as but not limited to fuller's earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate) in unusually high concentrations.
Insoluble, solid or viscous substances, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, tar, feathers, plastics, wood, hair, fleshings, etc., shall not be admitted to the sanitary sewers.
Noxious or malodorous gas, such as but not limited to hydrogen sulfide, sulphur dioxide or oxides of nitrogen and other substances capable of producing a public nuisance shall not be allowed.
A pH less than 5.5 and greater than 9.5 shall not be allowed.
Radioactive wastes or isotopes of such half-life or concentration which may exceed limits established by applicable state and federal regulations shall not be allowed.
Suspended solids in excess of 350 mg/l.
Temperature of wastes less than 32° F. and greater than 150° F. shall not be allowed.
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment facilities effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
If any wastewaters are discharged or are proposed to be discharged to the public sewers which contain in substances or possess the characteristic enumerated in Subsection C of this section and which in the judgment of the City may have a deleterious effect upon the wastewater treatment facilities, processes, equipment or receiving waters or which otherwise create a hazard of life or constitute a public nuisance, the City may:
Reject the waste.
Require pretreatment to an acceptable condition for discharge to the public sewers. Requirements for pretreatment are to be developed, pursuant to Section 307 of Public Law 92-500, by the Environmental Protection Agency. When pretreatment is necessary, construction to achieve pretreatment requirements is to be initiated within one year after the date of promulgation of the pretreatment standards.
Editor's Note: See 33 U.S.C. § 1317.
Require control over the quantities and rates of discharge.
Require payment to cover the added cost of handling and charges of accepting this unacceptable wastewater.
If the City permits the pretreatment or equalization of waste flows, the plans for design, installation and equipment shall be subject to the review and approval of the City and the state and be subject to the requirements of all applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be located as to be readily and easily accessible for cleaning and inspection.
Where pretreatment or flow-equalizing facilities are provided for any wastewaters, they shall be maintained continuously in satisfactory and effective operation by the private owner at his expense.
When required by the City, the private owner of any property serviced by a building sewer carrying industrial wastewaters shall install a suitable control manhole together with such necessary meters and other appurtenances to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the private owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Access to the property of industrial users shall be granted to municipal, state and federal agencies, during normal business hours, for the purpose of inspection, observation, measurements, sampling and testing.
All measurements, tests and analysis of the characteristics of wastewaters to which reference is made in this article shall be determined in accordance with 40 CFR 136 and the most recent edition of "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole provided for, or upon suitable samples taken at said control manholes. In the event that no special manhole has been required, the control manhole shall be considered as the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods and frequencies to reflect the effect of constituents upon the wastewater treatment facilities and to determine the existence of hazards. The particular analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether grab samples should be taken.
All cost for sampling and testing shall be borne by the private owner, and the results are to be made available to the City and the state.
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the City and industry whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.
The recipients of wastewater treatment services will be assigned to one of the following classes:
Class I Industrial shall include users discharging a waste resulting from manufacturing activities involving mechanical or chemical transformation of materials or substances into other products.
Class II Commercial shall include all users not included as Class I Industrial or Class III Residential and standard apartments and permanent multifamily dwellings, transit lodgings.
Class III Residential shall include all single-family dwelling units used as domiciles such as detached, semidetached and row houses.
The user may appeal his assigned classification by submitting a written appeal to the City 30 days in advance of a regularly scheduled City meeting at which time the appeal will be heard.
The sanitary sewer system of the City shall, as far as possible, be operated and maintained on a public utility basis as authorized by law. Each premise within the City connected to and using facilities of the system shall pay user rates and charges as fixed and established from time to time by the City Council. The City shall annually review the user rates and charges as required by Public Law 92-500.
Commencing on the effective date of this article, the user rates and charges for wastewater treatment shall be fixed by the City Council by resolution. Charges for wastewater treatment furnished to premises outside the corporate limits of the City shall be fixed by the City Council by resolution prior to the rendering of such services.
Where wastewater disposal service is furnished to users not connected to the water system, or in cases where users make use of large quantities of water which may be discharged into storm sewers or approved outlets other than the sanitary sewer system, or for other miscellaneous users of water for which special consideration should be given, special rates may be fixed by the City Council, and the City may require Class I and/or Class II users to install metering equipment to actually determine the flow. Class III residential users shall be charged on the basis of the average Class III metered charges on the system or required to install a meter on their water supply.
If the character of sewage from any manufacturing or industrial plant, or from any other building or premises, is such that it imposes an unreasonable burden upon the City's sewage system, in the discretion of the City, such owner may be required to separately and satisfactorily treat such sewage before being emptied into any public sewer, or the right to empty said sewage may be denied, if necessary, for the protection of the system, public health or safety. In lieu of exclusion and/or on-site treatment, the City may establish an "extra strength surcharge" as defined by further revisions of this article. Extra strength surcharge shall be billed concurrently with bills for wastewater disposal service and shall be based upon twenty-four-hour composite samples. Extra strength surcharges shall only apply to those users approved for discharge of extra strength waste by the City and who have installed a suitable manhole as set forth in § 410-5G of this article.
Bills shall be payable periodically and simultaneously with payments made for water consumed and/or used and shall be subject to such penalties as may apply to payment of bills for water service.
No free service shall be furnished by the system to the City or to any person, firm or corporation, public or private, or to any public agency or instrumentality.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal wastewater system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
The City of Bridgman and other duly authorized employees of the City and/or state and federal government bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provision of this article. The City or its representatives shall not have authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper and others, beyond the point at which the process has a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for wastewater treatment.
While performing the necessary work on private properties referred in this article, the City or duly authorized employees of the City and/or state and federal governments shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by company employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the aging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required.
Any person found to be violating any provisions of this article shall be served with written notice starting the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to 90 days or be fined in the amount of not exceeding $500 for each violation or both. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this article shall become liable to the City for any expenses, loss or damage occasioned the City by reason of such violation.
[Adopted 1-6-1992 by Ord. No. 113 (Ch. 405.000 of the 1999 Compiled Ordinances)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to the provisions of Section 83 of the Home Rules City Act (Act 279 of 1909, Compiled Laws 1948, Section 117.7), the industrial waste rules and regulations, as adopted by the Galien River Sanitary District, an authorized agency of the State of Michigan, is hereby adopted as the industrial waste rules and regulations of the City of Bridgman.
Pursuant to the provisions of Article III(a), Section 9, of the Galien River Sanitary District Waste Rules and Regulations, the City Manager of the City of Bridgman shall be responsible for the administration and enforcement of said Rules. Pursuant to the provisions of Article III(b) of the Galien River Sanitary District Industrial Waste Rules and Regulations, the manager of the Joint Board shall be responsible for the issuance of all permits, for surveillance, for monitoring, enforcement or other activities as they pertain to the implementation of the provision of said Rules.