[HISTORY: Adopted by the Township Board of the Township of
Buchanan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-18-1984 by Ord. No. 14]
A.
The Township Board, in the interest of public health of the residents
of the Township of Buchanan, does hereby determine and find as follows:
(1)
Those portions of the Township of Buchanan Sanitary Sewage Disposal
System shall be operated on a public utility rate basis in accordance
with the provisions of Act 94, Public Acts of Michigan, 1933, MCLA
§ 141.101 et seq., as amended.
(2)
The use of private septic tanks and sewage systems in said Township
has caused in certain areas of the Township contamination of sewers,
drains and subsurface waters in said Township.
(3)
Because of the concentration of population in certain areas of the
Township and the existence of wells and soil conditions existing in
said Township, such use of private sewage systems and septic tanks
constitute a hazard to the health of residents in certain areas of
the Township.
(4)
It is impracticable and in many cases impossible to ascertain definitely
which particular private sewage system is in fact contaminating the
surface waters and subsurface waters in the Township.
(5)
The only feasible and practicable means of alleviating this health
hazard to the residents in certain areas of the Township is the financing
and construction of a sewage collection system and the requiring of
residents and businesses in those areas to utilize said sewage collection
system when the same becomes available as herein defined in this article.
B.
Therefore, the Buchanan Township Board, in consideration of the findings
as above set forth and in the interest of the public health of the
residents of said Township, does hereby adopt and ordain as follows.
The following rules, regulations, charges and rates shall apply
to all properties located within the boundaries of the Township of
Buchanan, together with any extensions, enlargement or additions thereto,
on and after.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
American Society of Testing Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. expressed in parts per million by weight.
That part of the lowest horizontal piping of a sanitary sewer
system which receives the discharge from waste pipes inside the walls
of the building and conveys it to the building sewer, beginning five
feet outside the inner face of the building wall.
The installation of a wye in the building system with an
extension properly fitted to the ground surface to facilitate cleaning.
A sewer receiving both surface runoff and sewage.
Charges for extra strength industry waste shall be determined
by the Sewage Disposal System Operation Ordinance of the City of Buchanan,
Michigan, being Ordinance 190 effective February 24, 1971.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
Shall be defined by the Sewage Disposal System Operation
Ordinance of the City of Buchanan, Michigan, being Ordinance 190 effective
February 24, 1971.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
The City of Buchanan Building Inspectors duly authorized
by the Board to inspect and approve the installation of building sewers
and their connection to the public sewer system or the termination
of such connection.
Any outlet into a watercourse pond, ditch, lake or other
body of surface water or groundwater.
Wastewater derived principally from dwellings due to domestic
activities.
A National Pollution Discharge Elimination System permit;
a permit issued pursuant to Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. § 1342).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any individual, partnership, firm, company, association,
society, corporation or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such 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.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments.
All facilities for collecting, dumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
"Shall" is mandatory; "may" is permissive.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and polluted industrial wastes.
Solids that either float on the surface of, or are in suspension
in, water, sewage or other liquids, and which are removable by laboratory
filtering.
Shall be understood to mean those portions which lie within
the boundaries of Buchanan Township, including all sewers, pumps,
lift stations, treatment facilities, and all other facilities used
or useful in the collection, treatment and disposal of domestic, commercial
or industrial wastes, including all appurtenances thereto and including
all extensions and improvements thereto, which may hereafter be acquired.
The Township of Buchanan or the Township Board or its authorized
agent or representative.
The City of Buchanan, the City Commission or its authorized
agent or representatives.
A channel in which a flow of water occurs, either continuously
or intermittently.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
It shall be unlawful to discharge to any natural outlet or drain
within said Township of Buchanan, or in any area under the jurisdiction
of said Township of Buchanan, any sanitary sewage, industrial waste
or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this article.
B.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspools or other
facilities intended or used for the disposal of sewage.
C.
Availability of service; time frame for connection.
[Amended 8-4-1999 by Ord.
No. 30]
(1)
The owner of all houses, buildings or properties used for human occupancy,
employment, recreation, or other purposes situated within the Township
and abutting any street, alley or right-of-way in which public sanitary
and sewer service is now located or at some time is otherwise available,
as defined in Act 368 of the Michigan Public Acts of 1978, as amended,
shall, at its expense, install suitable toilet facilities therein,
and shall connect such facilities directly with the proper public
sewer system in accordance with this article.
(2)
If the sanitary sewer system becomes available as a result of, or
in conjunction with, the creation of a special assessment district,
said connection shall be made within one year of the availability
of the system. In all other cases, connection to the system shall
be made within five years of the availability of the system.
(3)
The Township Board may require connection within a shorter time period
to protect the public health, safety and welfare.
(4)
No private sewage system may be operated, repaired, maintained, enlarged,
extended or constructed if any structure to which it is connected,
or is proposed to be connected, is located on a premises to which
sanitary sewer service is available.
D.
Sewer extension; deferments.
[Added 4-18-1995 by Ord.
No. 26]
(1)
Extensions and senior citizen hardship deferments may be granted
by the Township Board for a period of not to exceed one year based
on information received, including that supplied by the applicant
and receipt of a letter from Berrien County Health Department indicating
a properly functioning septic system. Such deferments may be renewed
annually by the Township Supervisor and/or Clerk upon receipt of a
letter from the Berrien County health department indicating a properly
functioning septic system and proof that the senior citizen applicant
still has an ownership interest in and occupies the dwelling unit
for which such senior citizen deferment was originally granted. A
senior citizen is defined as a person 65 or more years of age.
(2)
Deferments may be granted by the Township Board for unusual below
grade systems which would require installation of a lift pump or station
and which cause hardship. Such deferments may be extended annually
by the Township Supervisor and/or Clerk upon receipt of a letter from
the Berrien County Health Department indicating a properly functioning
septic system. Deferments for below-grade service shall not be considered
to be permanent. If the original system fails, or is inadequate to
serve the needs of the dwelling facility, hookup to public sewer shall
be mandatory. Below-grade septic systems may not be enlarged or replaced.
All properties granted a deferment for this reason prior to the adoption
of this rule will be informed of these rules and compliance will be
required.
A.
Where a public sanitary sewer is not available under the provision of § 200-4C, the building sewer shall be connected to a private sewage disposal system complying with all requirements of the Michigan State Board of Health.
B.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Township of Buchanan.
C.
At such times as a public sewer becomes available to a property served by a sewage disposal system as provided in § 200-4C, a direct connection shall be made to the public sewer in compliance with this article.
D.
No statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the Michigan
State Board of Health.
A.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the Township
of Buchanan.
B.
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner. The owner or the
person installing the building sewer for said owner shall indemnify
said Township for any loss or damage that may directly or indirectly
be occasioned by said installation.
C.
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 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. Other exceptions
will be allowed only by special permission granted by the Township
or its designated agent.
D.
Old building sewers or portions thereof may be used in connection
with new buildings only when they are found on examination and test
by the said Township or its designated agent to meet all requirements
of this article.
(1)
Infiltration rate of building drain and building sewer shall not
exceed eight gallons per day per 100 feet.
E.
The building sewer shall be constructed of either vitrified clay
sewer pipe and fittings meeting the current A.S.T.M. specifications
for standard or extra strength clay sewer pipe, extra heavy cast iron
soil pipe meeting the current A.S.T.M. specifications of the Department
of Commerce Commercial Standards for extra heavy cast iron pipe and
fittings or schedule 40 PVC pipe. If installed in filled or unstable
ground, the building sewer shall be cast iron soil pipe, except that
vitrified clay or PVC pipe may be accepted if laid on a suitable improved
bed or cradle as approved by said Township or its designated agent.
In no case shall required specifications be less than the minimum
provided by the Ordinances of the City of Buchanan.
F.
All joints and connections shall be made gastight and watertight.
Vitrified clay sewer pipe shall be fitted with factory-made, resilient
compression joints meeting the current A.S.T.M. specifications for
"vitrified clay pipe joints having resilient properties" (designation
C425). The joints and connections shall conform to the manufacturer's
recommendations.
G.
The size and slope of the building sewers shall be subject to the
approval of the said Township or its designated agent, but in no event
shall the diameter be less than four inches for all connections. The
slope of such four-inch pipe shall not be less than 1/8 inch per foot.
H.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. No building sewer shall
be laid parallel to or within three feet of any bearing wall, which
might thereby be weakened. The depth shall be sufficient to afford
protection from frost. All excavations required for the installation
of a building sewer shall be open trench work unless otherwise approved
by the said Township or its designated agent. Pipe laying and backfill
shall be performed in accordance with current A.S.T.M. specifications
except that no backfill shall be placed until the work has been inspected
by the Township or its representative.
I.
In all buildings in which any building sewer is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
sewer shall be lifted by approved artificial means and discharged
to the building sewer at the expense of the owner.
J.
The connection of the building sewer into the public sewer shall
be made at the "Y" branch designated for that property, if such branch
is available at a suitable location. Any connection not made at the
designated "Y" branch in the main sewer shall be made only as directed
by the said Township or its designated agent.
K.
The applicant for the building sewer shall notify the said Township
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of the said Township or its representative.
L.
All excavations for building sewer installations 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 said Township.
M.
Cleanouts. A cleanout is required at or near the property line. Another
cleanout is optional, either inside or outside of the home. Outside
is preferred. Cleanouts are not to be spaced more than 50 feet apart.
Cleanouts are installed at the expense of the owner.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water or unpolluted industrial process waters to any sanitary sewer.
B.
No person shall discharge or cause to be discharged to any public
sewer any harmful waters or wastes, whether liquid, solid or gas,
capable of causing obstruction to the flow in sewers, damage or hazard
to structures, equipment and personnel of the sewage works, or other
interference with the proper operation of the sewage works. The acceptance
or transmission of any water, acids or other materials or effluent
contrary to the regulations adopted by the City of Buchanan is hereby
prohibited.
C.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Township, they are necessary for the proper handling
of liquid wastes containing grease or any flammable wastes, sand or
other harmful ingredients except that such interceptors shall not
be required for private living quarters or dwelling units. Where installed,
they shall be maintained by the owner, at his expense, on his property
in continuously efficient operation at all times.
D.
The admission into the public sewers of any waters or wastes having
harmful or objectional characteristics shall be subject to the review
and approval of the Township, which may prescribe limits on the strength
and character of those waters or wastes. Where necessary, in the opinion
of the Township, the owner shall provide, at his expense, such preliminary
treatment as may be necessary to treat these wastes prior to discharge
to the public sewer. Plans, specifications and other pertinent information
relating to the proposed preliminary treatment facilities shall be
submitted for the approval of the said Township and of the Michigan
State Board of Health, and no construction of such facilities shall
be commenced until said approval is obtained in writing. Where preliminary
treatment facilities are provided for any waters or wastes, they shall
be maintained continuously in satisfactory and effective operation
by the owner, at his expense, on his property.
E.
When required by the Township, the owner of the property served by
a building sewer carrying industrial wastes shall install and maintain
at his expense a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. All
measurements, tests and analyses of the characteristics of waters
and wastes shall be determined in accordance with "Standard Methods
for the Examination of Water and Sewage," and shall be determined
at the control manhole or upon suitable samples taken at said control
manhole. In the event that no special manhole has been required, the
control manhole shall be considered to be the nearest downstream manhole
in the public sewer to the point at which the building sewer is connected.
All expenses incurred to be paid by the property owner.
No unauthorized person shall break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which
is a part of the municipal sewage works. Any person violating this
provision shall be guilty of a misdemeanor.
The Building Inspector or other duly authorized employee of
the Township and/or City bearing proper credentials and identification
shall be permitted to enter upon all properties for the purpose of
inspection, observation, measurement, sampling and testing, in accordance
with the provisions of this article.
The operation, maintenance, alteration, repair and management
of the system shall be under the supervision and control of the Township
Board. Said Township Board may employ such persons, firms or corporations,
public or private, in such capacity or capacities as it deems advisable
to carry on the efficient management and operation of the system and
may make such rules, orders and regulations as it deems advisable
and necessary to ensure the efficient management and operation of
the system.
A.
No free service shall be furnished by said system to any person,
firm or corporation, public or private, or to any public agency or
instrumentality.
B.
Rates charged for users of the system shall be determined by resolution
of the Township Board from time to time which shall at all times be
sufficient when added to other monies legally available for such purpose
to meet all costs of the system, including the contractual obligation
of the Township to Berrien County for interest and principal on bonds
issued by Berrien County for the construction of the system.
(1)
Ready to serve charge. For users not connected to the public water
system a ready-to-serve charge shall be established from time to time
by resolution of the Buchanan Township Board. The Township Board shall
adopt by resolution, and revise from time to time a schedule of such
single-family residence rates, equivalents and ratios for ready-to-serve
charges.
[Amended 12-2-1985 by Ord. No. 23]
(2)
Sewage disposal rates when connected to water system.
(a)
The charges for sewer services when connected to the water system
shall be 250% of the water bill for the same premises.
(b)
In the event two or more lots, parcels of real estate, residences,
dwelling units or buildings discharging sanitary sewage, water or
other liquids into the sanitary sewage system of the Township either
directly or indirectly are users of water and the quantity of water
is measured by a single water meter, the meter reading will be divided
by the number of units being served and the above rates applied and
then multiplied by the number of units being served.
(3)
Tap charges for premises in a special assessment district. Each premises
tapping into the system and securing therefrom sewer service shall
pay such charges as shall be established from time to time by the
Buchanan Township Board by resolution.
[Amended 12-13-1994 by Ord. No. 27]
(4)
Sewer lateral benefit fee. There shall be paid on behalf of any premises
making direct private connection to any public sewer line which has
not been either privately constructed and paid for on behalf of said
premises or publicly financed at least in part by means of special
assessments levied against the property on which said premises is
located or where any connection is made in excess of the one connection
contemplated by the special benefit charge in said special assessment
district, of the privilege of making use of said public line as a
sewer lateral, a lateral benefit charge shall be determined by the
Buchanan Township Board.
(5)
Billing. Sewer use bills shall be rendered quarterly or as determined
by the Township, payable without penalty within 15 days after the
date thereon. Payments received after such period shall bear a penalty
of 5% of the amount of the bill.
(6)
Special rates or additional charges. The Township retains the right
to establish additional charges or special rates where unusual circumstances
warrant the same.
(7)
Replacement surcharge. All customers of the Township's sewer service shall pay an annual surcharge in the amount established by resolution of the Township Board from time to time, which will be billed and payable in monthly installments. Revenue received from the surcharge will be deposited in the Township's Replacement Fund under § 200-12B(3) of this article for the purposes of making "major repairs and replacements" to the sewer system.
[Added 7-19-2018 by Ord.
No. 115-2018; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
(8)
Termination of charges. The above charges will continue until such
time as the owner or agent shall notify the Township that use of the
sewer is terminated for said premises and the service line to the
premises has been plugged in conformance with requirements of the
inspector and the inspector has issued a certificate that the same
has been done. No service line to any premises shall be plugged except
in conformance with such requirements after first notifying the Township
and paying an inspection fee as established by resolution of the Township
Board from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
Enforcement.
(a)
The charges for services which are under the provisions of Section
21, Act 94, Public Acts of Michigan, 1933, MCLA § 141.121,
as amended, made a lien on all premises served thereby are hereby
recognized to constitute such lien, and whenever any such charge against
any piece of property shall be delinquent for six months the Township
official or officials in charge of the collection thereof shall certify
annually, to the tax assessing officer of the Township, the facts
of such delinquency, whereupon such charge shall be by him entered
upon the next tax roll as a charge against such premises and shall
be collected and the lien thereof enforced, in the same manner as
general Township taxes against such premises are collected and the
lien thereof enforced. Provided, however, where notice is given that
a tenant is responsible for such charges and service as provided by
Section 21, no further service shall be rendered such premises until
a cash deposit in an amount to be determined from time to time by
the Township Board shall have been made as security for payment of
such charges and service.
(b)
In addition to the foregoing, the Township shall have the right
to terminate sewer service to any premises for which charges for sewer
service are more than three months delinquent, and such service shall
not be reestablished until all delinquent charges and penalties, together
with termination and reestablishment charges to be specified by the
Township Board have been paid. Further, all such charges and penalties
may be recovered by the Township by court action.
A.
The rates, as herein set forth, are estimated by the Township Board
to be sufficient to provide for the payment of the expenses of administration
and operation and such expenses for maintenance of the system as the
Township Board shall deem necessary to preserve the same in good repair
and working order and to provide for such other expenditures for the
extension, enlargement and improvements of the system as the Board
shall deem necessary.
B.
From and after the effective date of this article, the revenues of
the system shall be set aside as collected and deposited in a banking
institution as determined by the Township in an account to be designated
"Sewage Disposal System Receiving Fund" (hereinafter referred to as
the "Receiving Fund"). Said revenues so deposited shall be transferred
from the Receiving Fund periodically in the manner and the times hereinafter
specified.
(1)
Operation and Maintenance Fund. Out of the revenues in the Receiving
Fund, there shall be first set aside quarterly into a separate fund,
designated "Operation and Maintenance Fund," a sum sufficient to provide
for the payment of the next quarter's current expenses of Township
administration and operation of the system and such current expenses
or the maintenance thereof as may be necessary to preserve the same
in good repair and working order. The City will maintain a separate
Operation and Maintenance Fund for the Township using revenues received
from the user fees. The Township Board will review status of the City
maintained fund quarterly.
(2)
Bond and Interest Redemption Fund. There shall next be established
and maintained a separate fund, to be designated "Bond and Interest
Redemption Fund," which shall be solely for the payment of the Township's
obligation to the County of Berrien pursuant to the aforesaid contract.
All funds received from applicable special assessment districts will
be deposited into this account so as to pay said contractual obligations
when due. Should the revenues of the system prove insufficient for
this purpose, such revenues may be supplemented by any other fund
of the Township legally available for such purpose.
(3)
Replacement Fund. There shall next be established and maintained
a separate fund, designated "Replacement Fund," which shall be used
solely for the purpose of making major repairs and replacements to
the system if needed. There shall be set aside into said fund, after
provision has been made for the Operation and Maintenance Fund and
the Contract Payment Fund, such revenues as the Township Board shall
deem necessary for this purpose. The City will maintain a separate
Replacement Fund for the Township using revenues received from the
user fees. The Township Board will review status of the City maintained
fund quarterly.
(4)
Improvement Fund. There shall next be established and maintained
a separate fund, designated "Improvement Fund," which shall be used
solely for the purpose of making improvements, extensions and enlargements
to the system. There shall be deposited into said fund, after providing
for the foregoing funds, such revenues as the Township Board shall
determine. The City will maintain a separate Improvement Fund for
the Township using revenues received from the user fees. The Township
Board will review status of the City maintained fund quarterly.
(5)
Surplus monies. Monies remaining in the Receiving Fund at the end
of any operating year, after full satisfaction of the requirements
of the foregoing funds, may, at the option of the Township Board,
be transferred to the Improvement Fund or used in connection with
any other project reasonably related to the purposes of the system.
The City will maintain a separate "Surplus Monies Fund" for the Township
using revenues received from the user fees. The Township Board will
review status of the City maintained fund quarterly.
(6)
Bank accounts. All monies belonging to any of the foregoing funds
or accounts, except the Bond and Interest Redemption Fund, may be
kept in one bank account, in which event the monies shall be allocated
on the books and records of the Township within this single bank account,
in the manner set forth.
(7)
In the event the monies in the Receiving Fund are insufficient to
provide for the current requirements of the Operation and Maintenance
Fund, any monies and/or securities in other funds of the system, except
sums in the Bond and Interest Redemption Fund derived from tax levies,
shall be transferred to the Operation and Maintenance Fund to the
extent of any deficit therein.
(8)
Monies in any fund or account established by the provisions of this
article may be invested in obligations of the United States of America
in the manner and subject to the limitations provided in Act 94, Public
Acts of Michigan, 1933, as amended. In the event such investments
are made, the securities representing the same shall be kept on deposit
with the bank or trust company having on deposit the fund or funds
from which such purchase was made. Income received from such investments
shall be credited to the fund from which said investments were made.
A.
Any person found to be violating any provision of this article except § 200-8 shall be served by the Township Board with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in § 200-13A shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500 for each violation or imprisonment of not to exceed 90 days, or both such fine and imprisonment as shall be determined by a court of competent jurisdiction. Each day in which any such violation shall continue shall be deemed a separate offense.
C.
The Township may in addition, or as an alternate to the above, require
mandatory hookup as provided by Act 368 of 1978, the Public Health
Code of Michigan, MCLA § 333.1101 et seq.
D.
Any person violating any of the provisions of this article shall
become liable to the Township of Buchanan for any expense, loss or
damage occasioned to the Township of Buchanan by reason of such violation.
A.
The Township of Buchanan shall install at the customer's expense paid by a lateral benefit tap in fee expense that portion of the service from the main to the lot or easement line and the customer shall install at his expense that portion of the service from said lot or easement line to his premises pursuant to the standards set forth in § 200-6. Maintenance and replacement if necessary of the service line to the main shall be at the customer's expense.
B.
Applications may be cancelled and/or sewer service discontinued by
the Township of Buchanan for any violation of any rule, regulation
or condition of service and especially for any of the following reasons:
C.
Bills and notices relating to the conduct of the business of the
sewage disposal system will be mailed to the customer at the address
listed on the application, unless a change of address has been filed,
in writing, at the business office of the Township; and the Township
of Buchanan shall not otherwise be responsible for delivery of any
bill or notice, nor will the customer be excused from nonpayment of
a bill or from any performance required in said notice.
D.
Payment of bills; delinquent bills.
(1)
Bills for sewer service are due and payable at the business office
of the Clerk of the City of Buchanan or to any designated agent on
their date of issue. The past due date shall be the 15th day after
the billing for service. Bills will be dated and mailed each quarter
or as determined by the Township.
(2)
All bills not paid on or before the past due date shall be termed
delinquent, and the Township shall have the right to shut off and
discontinue sewer service to any premises for the nonpayment of the
rates herein established when due.
E.
The Township of Buchanan shall make all reasonable efforts to eliminate
interruption of service, and when such interruption occurs, will endeavor
to reestablish service with the shortest possible delay. Whenever
service is interrupted for the purpose of working on the collection
system or the treatment equipment, all consumers affected by such
interruption will be notified in advance whenever it is possible to
do so.
F.
The Township of Buchanan shall in no event be held responsible for
claims made against it for reason of the breaking of any mains or
service pipes, or by reason of any other interruption of the service
caused by the breaking of machinery or stoppage for necessary repairs;
and no person shall be entitled to damages nor have any portion of
a payment refunded for any interruption.
G.
The premises receiving sanitary sewer service shall at all reasonable
hours be subject to inspection by duly authorized personnel of the
Township of Buchanan and/or City of Buchanan.
H.
These rules may be changed or amended by resolution of the Township
Board.
The system shall be operated on the basis of an operating year
as determined by the Township.
[Adopted 10-23-1992]
A.
Unless otherwise specified, terms adopted are from the latest edition
of Standard Methods for the Examination of Water/Wastewater, published
by the American Water Works Association and the Water Pollution Control
Federation or Methods for Chemical Analysis of Water and Wastes by
the Environmental Protection Agency. Waste constituents and characteristics
shall be measured by or as established by federal or state regulatory
agencies.
B.
AGENCY
AUTHORIZATION
BUILDING DRAIN
BUILDING SEWER
COMMUNITY SEWER
COMPATIBLE POLLUTANT
DEPARTMENT
FEDERAL ACT
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
MANAGER
MASS EMISSION RATE
NEW SOURCE
NPDES
POLLUTION
PREMISES
SIGNIFICANT INDUSTRIAL USER
SUPERINTENDENT
UNPOLLUTED WATER
USER
USER CLASSIFICATION
WASTE
WASTEWATER
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
For the purpose of this article, the following words and phrases
shall have the following meanings ascribed to them, respectively.
The Township of Buchanan.
Written letter authorizing various conditions of wastewater
discharges.
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 well.
The extension from the building drain to the community sewer
or other place of disposal.
A sewer owned and operated by the agency.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, plus additional pollutants identified in the agency's
National Pollutant Discharge Elimination System (NPDES) permit if
the publicly owned treatment works was designed to treat such pollutants,
and in fact does remove such pollutants to a substantial degree. While
the term "substantial removal" is not subject to precise definition,
it generally contemplates removals in the order of 80% or greater.
Minor incidental removals in the order of 10% to 30% are not considered
"substantial."
The City of Buchanan's water/wastewater department for
the agency.
The Federal Water Pollution Control Act, PL 92-500, and any
amendments thereto; as well as any guidelines, limitations, and standards
promulgated by the Environmental Protection Agency pursuant to the
act.
Any waste from holding tanks including, but not limited to,
septic tank waste and waste from vacuum pump tank trucks.
Any pollutant which is not defined as a compatible pollutant.
The supervisor of the agency.
The weight of material discharged to the sewer system during
a given time interval. Unless otherwise specified, the "mass emission
rate" shall mean pounds per day of a particular constituent or combination
of constituents.
As defined in 40 CFR 403.3(k).
NPDES is defined as the National Pollutant Discharge Elimination
System pursuant to Section 402 of the Federal Water Pollution Control
Act as amended.
An alteration of the quality of the waters of the state by
waste to degree which unreasonably affects such waters for beneficial
use or facilities which serve such beneficial uses.
A parcel of real estate including any improvements thereon
which is determined by the agency to be a single user for purposes
of receiving, using, and paying for service.
As defined in 40 CFR 403.3(t).
The superintendent of the department.
Water to which no constituent has been added, either intentionally
or accidentally, which would render such water unacceptable to the
agency having jurisdiction thereof for disposal to storm or natural
drainages or directly to surface waters.
Any person that discharges, causes, or permits the discharge
of wastewater into a community sewer.
A classification of user based on the latest edition of the
Standard Industrial Classification (SIC) Manual, prepared by the Executive
Office of Management and Budget.
Includes sewage and any and all other waste substances, liquid,
solid, gaseous, or radioactive, associated with human habitation,
or of human or animal origin, or from any producing, manufacturing,
or processing operation of whatever nature, including such waste placed
within containers of whatever nature prior to, and for purposes of,
disposal.
Waste and water, whether treated or untreated, discharged
into or permitted to enter a community sewer.
The individual chemical, physical, bacteriological, and radiological
parameters, including volume and flow rate and such other parameters
that serve to define, classify, or measure the contents, quality,
quantity, and strength of wastewater.
This article sets uniform requirements for discharges into the
wastewater collection and treatment system and enables the agency
to comply with administrative provisions of the Michigan Water Resources
Commission and the applicable effluent limitations, national standards
of performance, toxic and pretreatment effluent standards, and any
other discharge criteria which are required or authorized by state
or federal law and to derive the maximum public benefit by regulating
the quality and quantity of wastewater discharge into those systems.
No person shall discharge to a community sewer waste which causes,
threatens to cause, or is capable of causing, either alone or by interaction
with other substances, the following:
A.
A fire or explosion;
B.
Obstruction of flow in a sewer system or injury of the system, or
damage to the wastewater collection, treatment, or disposal facilities;
C.
Danger to life or safety of personnel;
D.
A nuisance or prevention of the effective maintenance or operation
of the sewer system;
E.
Air pollution by the release of toxic or malodorous gases or malodorous
gas-producing substances;
F.
Interference with the wastewater treatment process for the quality
of the effluent as established by the NPDES permit;
G.
Discoloration or any other condition in the quality of the agency's
treatment works effluent in such a manner that receiving water quality
requirements established by law cannot be met;
H.
Conditions at or near the agency's treatment works which violate
any statute or any rule, regulation, or ordinance of any public agency
or state or federal regulatory body;
I.
Quantities or rates of flow which overload the agency's collection
or treatment facilities or cause excessive agency collection or treatment
costs, or may use a disproportionate share of the agency facilities.
Stormwater, groundwater, rain water, street drainage, subsurface
drainage, or yard drainage shall not be discharged through direct
or indirect connections to a community sewer unless authorized by
the agency. The department may approve the discharge of such water
only when no reasonable alternative method of disposal is available.
If authorization is granted for the discharge of such water into a
community sewer the user shall pay the applicable user charges and
fees and meet such other condition as required by the agency.
A.
Unpolluted water, including, but not limited to, cooling water, process
or evaporative coolers will not be discharged through direct or indirect
connection to a community sewer unless authorization is issued by
the agency. The agency may approve the discharge of such water only
when no reasonable alternative method of disposal is available.
B.
If authorization is granted for the discharge of such water into
a community sewer, the user shall pay the applicable user charges
and fees and shall meet such other conditions as required by the agency.
No person shall discharge, or cause to be discharged, any radioactive
wastes into a community sewer.
A.
Waste from garbage grinders shall not be discharged into a community
sewer except:
(1)
Wastes generated in preparation of food normally consumed or prepared
on the premises; or
(2)
Where the user has obtained authorization for that specific use from
the agency, and agrees to undertake whatever self-monitoring is required
to enable the agency to equitably determine the user charges based
on the waste constituents and characteristics.
B.
Such grinders must shred the waste to a degree that all particles
will be carried freely under normal flow conditions prevailing in
the community sewer. Garbage grinders shall not be used for grinding
plastic, paper products, inert materials, or garden refuse.
No person shall discharge any substances directly into a manhole
or other opening in a community sewer other than through an approved
building sewer unless authorized by the agency.
A user proposing to discharge holding tank waste, where pretreatment
is not provided, into a community sewer must secure a permit from
the department. This permit will state the specific location of discharge,
the time of day the discharge is to occur, the volume of the discharge,
and wastewater constituents and characteristics, with minimum review
every two years. If authorization is granted for discharge of such
waste into a community sewer, the user shall pay the applicable user
charges and fees and shall meet such other conditions as required
by the department.
A.
Daily average.
(1)
No person shall discharge, on a daily average, wastewater containing
in excess of:
|
Arsenic, total
|
1.0 mg/l
|
|
Cadmium, total
|
1.3 mg/l
|
|
Chromium, total
|
0.7 mg/l
|
|
Copper, total
|
2.0 mg/l
|
|
Cyanide, total
|
0.5 mg/l
|
|
Lead, total
|
1.8 mg/l
|
|
Mercury, total
|
0
|
|
Nickel, total
|
2.1 mg/l
|
|
Silver, total
|
0.3 mg/l
|
|
Zinc, total
|
1.0 mg/l
|
|
PCBs
|
No discharge allowed
|
|
Phosphorus, total (as P)
|
15.0
|
|
Ammonia
|
15.0
|
(2)
Maximum discharge at any time shall not exceed three times the allowed
daily average.
B.
No person shall discharge any wastewater:
(1)
Having a closed cup flash point less than 140° F. or 60°
C. using the test methods specified in 40 CFR 261.21.
(2)
Containing more than 50 mg/l of oil or grease of animal or vegetable
origin.
(3)
Containing more than 40 mg/l of oil or grease of mineral or petroleum.
(4)
Having a pH lower than 5.5 or above 9.0 unless authorized by the
agency.
(5)
Heat in amounts which will inhibit biological activity in the POTW
resulting in interference, but in no case heat in such quantities
that the temperature at the POTW Treatment Plant exceeds 30° C.
unless the approval authority, as defined in 40 CFR 403, upon request
of the POTW, approves alternate temperature limits.
C.
Effluent limitations promulgated by the Federal Act shall apply in
an instance where they are more stringent than those in this article.
Under Section 403.6 of the Act, federal pretreatment standards are
designed to achieve two purposes:
D.
Where the treatment works was designed to and does achieve substantial removal of pollutants other than the four pollutants listed the definition for compatible pollutants in § 200-16B (B.O.D., suspended solids, pH, and fecal coliform bacteria), it is not appropriate to require the Industrial User to achieve best practicable control technology currently available since this would lead to an uneconomical duplication of treatment facilities. While the term "substantial removal" is not subject to precise definition, it generally contemplates removal in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered "substantial." For some industrial categories, it may be necessary to define pretreatment guidelines for problems that may arise as a result of the discharge into a publicly owned treatment works. However, any adjustments required for particular industrial categories should be considered in connection with the department's requirements rather than the national pretreatment standard. Limitations on wastewater strength in § 200-25A and B may be supplemented with more stringent limitations pursuant to § 200-30D:
(3)
Nothing in this regulation is intended to affect any pretreatment
requirements, including any standards or prohibitions, established
by state or local law as long as the state or local requirements are
not less stringent than any set forth in the National Pretreatment
Standards, or any other requirements or prohibitions established under
the act or this regulation. States with an NPDES permit program approved
in accordance with Section 402(B) and (C) of the Act,[1] or states requesting NPDES programs, are responsible for
developing a state pretreatment program in accordance with Section
403.10 of this regulation.
[1]
Editor's Note: See 33 U.S.C. § 1342(b) and (c).
(4)
Except where expressly authorized to do so by applicable Categorical
Pretreatment Standard, no Industrial User shall ever increase the
use of process water or, in any other way, attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with a Categorical Pretreatment Standard. The Control Authority
[as defined in 40 CFR 403.12 (A)] may impose mass limitations on Industrial
Users which are using dilution to meet applicable Pretreatment Standards
or in other cases where the imposition of mass limitations is appropriate.
User charges and fees shall be based upon the total amount of
water used from all sources unless, in the opinion of the department,
significant portions of water received are not discharged to a community
sewer. The total amount of water used from public and private sources
will be determined by means of public meters or private meters, installed
and maintained at the expense of the user and approved by the department.
For users where, in the opinion of the department, a significant
portion of the water received from any metered source does not flow
into the community sewer because of the principal activity of the
user or removal by other means, the user charges and fees will be
applied against the volume of water discharged from such premises
into the community sewer. Written notification and proof of the diversion
of water must be provided by the user if the user is to avoid the
application of the user charges and fees against the total amount
of water used from all sources. The user may install a meter of a
type and at a location approved by the department and at the user's
expense. Such meters may measure either the amount of sewage discharge
or the amount of water diverted. Such meters shall be tested for accuracy
at the expense of the user when deemed necessary by the department.
A.
Users without source meter. For users where, in the opinion of the
department, it is unnecessary or impractical to install meters, the
quantity of wastewater may be based upon an estimate prepared by the
Superintendent. This estimate shall be based upon a rational determination
of the wastewater discharged and may consider such factors as the
number of fixtures, seating capacity, population equivalent, annual
production of goods and services or such other determinants of water
use necessary to estimate the wastewater volume discharged.
B.
Users with source meters. For users who, in the opinion of the Superintendent,
divert a significant portion of their flow from a community sewer,
the user charges may be based upon an estimate of the volume prepared
by the user, provided the user obtains wastewater discharge authorization
and pays the applicable user charges and fees. The estimate must include
the method and calculations used to determine the wastewater volume
and may consider such factors as the number of fixtures, seating capacity,
population equivalents, annual production of goods and services, or
such other determinations of water use necessary to estimate the wastewater
volume discharged.
The agency shall require that any person discharging or proposing to discharge wastewater into a community sewer file a periodic discharge report on a form furnished by the Control Authority if the provisions of §§ 200-18, 200-21, 200-22, 200-24 and 200-25 are violated.
A.
Reporting requirement for Industrial Users effective date of categorical pretreatment standard-baseline report. Within 180 days after the effective date of a Categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR 403.6(a)(4), whichever is later, existing Industrial Users subject to such Categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a POTW, as defined in 40 CFR 403, shall be required to submit to the Control Authority a report which contains the information listed in Subsection A(1) through (7) of this section. Where reports containing this information already have been submitted to the Superintendent or Regional Administrator in compliance with the requirements of 40 CFR 128.140(B), the Industrial User will not be required to submit this information again. New sources shall be required to submit to the Control Authority a report which contains the information listed in Subsection A(1) through (5) of this section:
(1)
Identifying information. The user shall submit the name and address
of facility including the name of the operator and owners;
(2)
Permits. The user shall submit a list of any environmental control
permits held by or for the facility;
(3)
Description of operations. The user shall submit a brief description
of the nature, average rate of production, and Standard Industrial
Classification of the operation(s) carried out by such Industrial
User. This description should include a schematic process diagram
which indicates points of discharge to the POTW from the regulated
processes.
(4)
Flow measurement. The user shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from each of the following:
(5)
Measurement of pollutants.
(a)
The user shall identify the Pretreatment Standards applicable
to regulated process;
(b)
In addition, the user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the Standard or Control Authority) of regulated pollutants
in the discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported.
The sample shall be representative of daily operations;
(c)
Where feasible, samples must be obtained through the flow-proportional
composite sampling techniques specified in the applicable Categorical
Pretreatment Standard. Where composite sampling is not feasible, a
grab sample is acceptable;
(d)
Where the flow of the stream being sampled is less than or equal
to 950,000 liters/day (approximately 250,000 gpd), the user must take
six samples within a two-week period;
(e)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewater are mixed with
the regulated wastewater prior to pretreatment, the user should measure
the flows and concentrations necessary to allow use of the combined
waste stream of 40 CFR 403.6(e) in order to evaluate compliance with
the Pretreatment Standards. Where an alternate concentration or mass
limit has been calculated in accordance with Section 403.6(e), this
adjusted limit along with supporting data shall be submitted to the
Control Authority;
(f)
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto.
Where 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the Administrator determines
that the Part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, then any other applicable sampling
and analytical procedures, including procedures suggested by the POTW
or other parties, may be approved by the Administrator;
(g)
The Control Authority may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures;
(h)
The baseline report shall indicate the time, date and place
of sampling, and methods of analysis, and shall certify that such
sampling and analysis is representative of normal work cycles and
expected pollutant discharges to the POTW;
(6)
Certification. A statement, reviewed by an authorized representative
of the Industrial User [as defined in subparagraph (k) of the Act]
and certified to by a qualified professional, indicating whether Pretreatment
Standards are being met on a consistent basis, and, if not whether
additional operation and maintenance (O&M) and/or additional pretreatment
is required for the Industrial User to meet the Pretreatment Standards
and Requirements; and
(7)
Compliance schedule. If additional pretreatment and/or O&M will
be required to meet the Pretreatment Standards, the shortest schedule
by which the Industrial User will provide such additional pretreatment
and/or O&M. The completion date in this schedule shall not be
later than the compliance date established for the applicable Pretreatment
Standards.
(a)
Where the Industrial User's Categorical Pretreatment Standard has been modified by a removal allowance (Section 403.7), the combined waste stream formula [Section 403.6(e)], and/or a fundamentally different factors variance (Section 403.13) at the time the user submits the report required by Subsection B of this section, the information required by Subsection A(6) and (7) shall pertain to the modified limits.
(b)
If the Categorical Pretreatment Standard is modified by a removal allowance (Section 403.7), the combined waste stream formula [Section 403.6(e)], and/or a Fundamentally Different Factors Variance (Section 403.13) after the user submits the report required by Subsection B of this section any necessary amendments to the information requested by Subsection A(6) and (7) of this section shall be submitted by the user to the Control Authority within 60 days after the modified limit is approved.
B.
Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the schedule required by Subsection A(7) of this section:
(1)
The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the Industrial User to meet the applicable Categorical Pretreatment
Standards [e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract(s) for major components,
commencing construction, completing construction, etc.].
(3)
Not later than 14 days following each date in the schedule and final
date for compliance, the Industrial User shall submit a progress report
to the Control Authority including, at a minimum, whether or not it
complied with the increment of progress to be met on such date and,
if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
Industrial User to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the Control Authority.
C.
Report on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable
Categorical Pretreatment Standards or in the case of a New Source
following commencement of the introduction of wastewater into the
POTW, any Industrial User subject to Pretreatment Standards and Requirements
shall submit to the Control Authority a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by Pretreatment Standards and Requirements
and the average and maximum daily flow for these process units in
the Industrial User which are limited by such Pretreatment Standards
and Requirements. The report shall state whether the applicable Pretreatment
Standards or Requirements are being met on a consistent basis and,
if not, what additional O&M and/or pretreatment is necessary to
bring the Industrial User into compliance with the applicable Pretreatment
Standards or Requirements. This statement shall be signed by an authorized
representative of the Industrial User, as defined in 40 CFR 403.3(j)
of the Act, and certified to by a qualified professional.
D.
Periodic reports on continued compliance.
(1)
Any Industrial User subject to a Categorical Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Control Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Control Authority or the Approval Authority, as defined in 40 CFR Part 403, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Categorical Pretreatment Standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in Subsection A(4) of this section except that the Control Authority may require more detailed reporting of flows. At the discretion of the Control Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Control Authority may agree to alter the months during which the above reports are to be submitted.
A.
All major users proposing to connect or to discharge into a community
sewer must obtain authorization before connecting to or discharging
into a community sewer. All existing major users connected to or discharging
into a community sewer must obtain authorization 90 days after the
effective date of this article. For purposes of this article, a major
user is defined as any user whose user classification is identified
in the Standard Industrial Classifications (SIC) Manual in any of
Divisions A, B, D, E, and I and who:
(1)
Has a discharge flow of 25,000 gallons or more per average work day;
or
(2)
Contributes a process waste stream which makes up 5% or more of the
average dry weather hydraulic or organic capacity of the POTW treatment
plant; or
(3)
Has in his wastes toxic pollutants in toxic amounts as defined in
standards issued under Section 307(a) of the Federal Act; or
(4)
Is found by the agency to have significant impact, either singly
or in combination with other contributing industries, on the treatment
or collection system.
B.
Users seeking authorization shall complete and file with the Superintendent
an application in the form prescribed by the Superintendent. The applicant
may be required to submit, in units and terms appropriate for evaluation,
the following information:
(1)
Name, address, and SIC number of applicant;
(2)
Volume of wastewater to be discharged;
(3)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 200-25 as determined by a laboratory approved by the agency;
(4)
Time and duration of discharge;
(5)
Average and thirty-minute peak wastewater flow rates, including daily,
monthly, and seasonal variations if any;
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers and appurtenances by size, location, and elevation;
(7)
Description of activities, facilities, and plant process on the premises,
including all materials, processes, and types of materials which are
or could be discharged;
(8)
Each product produced by type, amount, and rate of production;
(9)
Number and type of employees and hours of work;
(10)
Any other information as may be deemed by the Superintendent
to be necessary to evaluate the permit application.
C.
The Superintendent will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance
of the data furnished, the Superintendent may issue wastewater discharge
authorization subject to terms and conditions provided herein.
D.
An authorization for wastewater discharge shall be expressly subject
to all provisions of this article and all other regulations, user
charges, and fees established by the agency. The conditions of authorization
shall be uniformly enforced by the Superintendent in accordance with
this article, and applicable state and federal regulations. Authorization
may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
(2)
The average and maximum wastewater constituents and characteristics;
(3)
Limits on rate and time of discharges or requirements for flow regulations
and equalization;
(4)
Requirements for installation of inspection and sampling facilities;
(5)
Pretreatment requirements;
(6)
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types, and standards
for tests and reporting schedule;
(7)
Requirements for submission of technical reports or discharge reports;
(8)
Requirements for maintaining plant records relating to wastewater
discharge as specified by the agency and affording the agency access
thereto;
(9)
Mean and maximum mass emission rates, or other appropriate limits
when incompatible pollutants are proposed or present in the user's
wastewater discharge;
(10)
Other conditions as deemed appropriate by the agency to ensure
compliance with this article.
E.
Duration of authorization. Authorization shall be issued for no more than a five-year time period. A temporary authorization shall be issued for a specified duration. The terms and conditions of the authorization shall be subject to modification and change by the agency during the life of the authorization as limitations or requirements as identified in § 200-25 are modified and changed. The user shall be informed of any proposed changes in his authorization at least 60 days prior to the effective date of change. Any changes of new conditions in the authorization shall include a reasonable time schedule for compliance.
F.
Transfer of an authorization. A wastewater discharge authorization
shall not be reassigned or transferred or sold to a new owner, new
user, different premises, or a new or changed operation.
G.
Revocation of authorization. Any user who violates the following
conditions of the authorization of this article, or applicable state
and federal regulations, is subject to having his authorization revoked:
(1)
Failure of user to factually report the wastewater constituents and
characteristics of his discharge;
(2)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of conditions of the authorization.
A.
The agency may require the user to construct at his own expense monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems, and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense, if the provisions of § 200-18, 200-21, 200-22, 200-24 or 200-25 may be violated. The monitoring facility should normally be situated on the user's premises, but the agency may, when such places an undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B.
If the monitoring facility is inside the user's property, there
shall be accommodations to allow access for agency personnel. There
shall be ample room in or near such sampling manhole to allow accurate
sampling and compositing of samples for analysis. The manhole, sampling,
and measuring equipment shall be maintained at all times in a safe
and proper operating condition at the expense of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the agency's
requirements and all applicable local agency construction standards
and specifications. Construction shall be completed within a reasonable
period of time following written notification by the agency.
The agency may inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with. Persons or occupants of premises where wastewater
is created or discharged shall allow the agency or its representative
ready access at all reasonable times to all parts of the premises
for the purposes of inspection or sampling or in the performance of
any of their duties. The agency shall have the right to set up on
the user's property such devices as are necessary to conduct
sampling or metering operations. Where a user has security clearance
before entry into their premises, the user shall make necessary arrangements
with their security guards so that, upon presentation of suitable
identification, personnel from the agency will be permitted to enter
without delay for the purpose of performing their specific responsibilities.
Users shall make wastewater acceptable under the limitations
established herein before discharging to any community sewer. Any
facilities required to pretreat wastewater to a level acceptable to
the agency shall be provided and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the agency for review, and shall be acceptable
to the agency before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the agency under the provisions of this
article. The agency shall be notified 48 hours prior to startup of
new or modified pretreatment facilities. Any subsequent changes in
the pretreatment facilities or method of operation shall be reported
to and be acceptable to the agency. Pretreatment requirements which
will be enforced through the remedies set forth in 40 CFR 403.8(f)(1)(vi)(A)
will include, but not be limited to, the duty to allow or carry out
inspections, entry, or monitoring activities; any rules, regulations,
or orders issued by the POTW; or any reporting requirements imposed
by the POTW or these regulations. The POTW shall have authority and
procedures (after informal notice to the discharger) immediately and
effectively to halt or prevent any discharge of pollutants to the
POTW which reasonably appears to present an imminent endangerment
to the health or welfare of persons. The POTW shall also have authority
and procedures (which shall include notice to the affected Industrial
Users and an opportunity to respond) to halt or prevent any discharge
to the POTW which presents or may present an endangerment to the environment
or which threatens to interfere with the operation of the POTW. The
Approval Authority shall have authority to seek judicial relief for
noncompliance by Industrial Users when the POTW has acted to seek
such relief but has sought a penalty which the Approval Authority
finds to be insufficient. The procedures for notice to dischargers
where the POTW is seeking ex parte temporary judicial injunctive relief
will be governed by applicable state or federal law and not by this
provision; and comply with the confidentiality requirements set forth
in 40 CFR 403.14.
A.
Procedures. The POTW shall develop and implement procedures to ensure
compliance with the requirements of a Pretreatment Program. At a minimum,
these procedures shall enable the POTW to:
(1)
Identify and locate all possible Industrial Users which might be
subject to the POTW Pretreatment Program. Any compilation, index or
inventory of Industrial Users made under this subsection shall be
made available to the Regional Administrator or Superintendent upon
request;
(2)
Identify the character and volume of pollutants contributed to the
POTW by the Industrial Users identified under subsection 40 CFR 403.8
(f)(2)(i). This information shall be made available to the Regional
Administrator or Superintendent upon request;
(3)
Notify Industrial Users identified under subsection 40 CFR 403.8(f)(2)(i)
of applicable Pretreatment Standards and any applicable requirements
under Section 204(b) and 405 of the Act and Subtitles C and D of the
Resource Conservation and Recovery Act;
(4)
Receive and analyze self-monitoring reports and other notices submitted
by Industrial Users in accordance with the self-monitoring requirements
in 40 CFR 403.12;
(5)
Randomly sample and analyze the effluent from Industrial Users and
conduct surveillance and inspection activities in order to identify,
independent of information supplied by Industrial Users, occasional
and continuing noncompliance with Pretreatment Standards. The results
of these activities shall be made available to the Regional Administrator
or Superintendent upon request;
(6)
Investigate instances of noncompliance with Pretreatment Standards and Requirements, as indicated in the reports and notices required under 40 CFR 403.12, or indicated by analysis, inspection, and surveillance activities described in Subsection A(5) of this section. Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions; and
(7)
Comply with the public participation requirements of 40 CFR Part
25 in the enforcement of National Pretreatment Standards. These procedures
shall include provision for at least annually providing public notification,
in the largest daily newspaper published in the municipality in which
the POTW is located, of Industrial Users which, during the previous
12 months, were significantly violating applicable Pretreatment Standards
or other Pretreatment Requirements. For the purposes of this provision,
a "significant violation" is a violation which remains uncorrected
45 days after notification of noncompliance; which is part of a pattern
of noncompliance over a twelve-month period; which involves a failure
to accurately report noncompliance; or which resulted in the POTW
exercising its emergency authority under subsection 40 CFR 403.8(f)(1)(vi)(B)
of the Act.
B.
Funding. The POTW shall have sufficient resources and qualified personnel
to carry out the authorities and procedures described in 40 CFR 403.8(f)(1)
and (2) of the Act.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this article. Such facilities
shall be provided and maintained at the user's expense. Detailed
plans showing facilities and operating procedure to provide this protection
shall be submitted to the agency for review, and shall be acceptable
to the agency before construction of the facility.
B.
The review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility
as necessary to provide the protection necessary to meet the requirements
of this article.
C.
Notification
of discharge. Users shall notify the agency immediately upon accidentally
discharging wastes in violation of this article to enable countermeasures
to be taken by the agency to minimize damage to the community sewer,
treatment facility, treatment processes, and the receiving waters.
This notification shall be followed, within five days of the date
of occurrence, by a detailed written statement describing the causes
of the accidental discharge and the measures being taken to prevent
future occurrence. Such notification will not relieve users of liability
for any expense, loss, or damage to the sewer system, treatment plant,
or treatment process, or for any fines imposed on the agency.
D.
Definition. For the purposes of this article, "upset" means an exceptional
incident in which there is unintentional and temporary noncompliance
with Categorical Pretreatment Standards because of factors beyond
the reasonable control of the Industrial User. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation.
(1)
Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of Subsection D(2)(c) are met.
(2)
Conditions necessary for a demonstration of an upset. An Industrial
User who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence, that:
(a)
An upset occurred and the Industrial User can identify the specific
cause(s) of the upset;
(b)
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures;
(c)
The Industrial User has submitted the following information
to the POTW and Control Authority within 24 hours of becoming aware
of the upset (if this information is provided orally, a written submission
must be provided within five days):
[1]
A description of the indirect discharge and cause of noncompliance;
[2]
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue;
[3]
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(3)
Burden of proof. In any enforcement proceeding the Industrial User
seeking to establish the occurrence of an upset shall have the burden
of proof.
(4)
Reviewability of agency consideration of claims of upset. In the
usual exercise of prosecutorial discretion, agency enforcement personnel
should review any claims that noncompliance was caused by an upset.
No determinations made in the course of the review constitute final
agency action subject to judicial review. Industrial Users will have
the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with Categorical
Pretreatment Standards.
(5)
User responsibility in case of upset. The Industrial User shall control
production of all discharges to the extent necessary to maintain compliance
with Categorical Pretreatment Standards upon reduction, loss, or failure
of its treatment. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility
is reduced, lost or fails.
A.
All information and data on a user obtained from reports, questionnaires,
permit application, permits and monitoring programs, and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the agency that the release of such information
would divulge processes or methods which are important to the user's
competitive position.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made
available to governmental agencies for use in making studies. However,
such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as confidential information.
Except as allotted for above, information accepted by the agency as
confidential shall not be transmitted to any governmental agency,
or to the general public by the agency, until and unless prior and
adequate notification is given to the user.
Special agreements and arrangements between the agency and any
persons or agencies may be established when, in the opinion of the
agency, unusual or extraordinary circumstances compel special terms
and conditions.
A.
Each person discharging wastes into the community sewers shall be
subject to a surcharge in addition to the regular sewage service charge
based on the biochemical oxygen demand (B.O.D.) and the suspended
solids (SS) content of the wastes, if the wastes have a concentration
higher than 250 ppm of B.O.D. and/or 250 ppm of SS.
B.
Sampling and testing for surcharges or user charges. The discharged
sewage will be sampled during each sewage billing period for a minimum
of a one-day period (24 continuous hours) by means of a composite
sample. An extended sampling period of up to one week (seven continuous
days) or reduction may be requested to enable the gathering of a sample
representative of a business's sewage. The extension or reduction
of the sampling period beyond the initial one-day sampling period
may be requested by either the sewer user involved or the department.
If an extended sampling period is requested, the parameter values
used to calculate the surcharge will be the arithmetical average of
the individual values. In the event a business or industry has multiple
discharges of sewage, each discharge shall be sampled according to
quality. The volume of each discharge shall be determined by actual
measurement or by means of process usage. If significant process changes
are made to affect quality of any discharge, resampling may be requested
by either the sewer user involved or the department.
C.
The sewage sample shall be measured for the following parameters:
biochemical oxygen demand (B.O.D.), and suspended matter or solids
(SS). These tests shall be made in accordance with the latest editions
of Standard Methods for the Examination of Water and Chemical Analysis
of Water and Wastes by the United States Environmental Protection
Agency.
When the agency finds that a discharge of wastewater has taken
place, in violation of prohibitions or limitations of this article,
the Superintendent may issue an order to cease and desist and direct
that those persons not complying with such prohibitions, limits, requirements,
or provisions:
When the agency finds that a discharge of wastewater has been
taking place, in violation of prohibitions or limitations prescribed
in this article, or wastewater source control requirements, effluent
limitations or pretreatment standards, or the provisions of a wastewater
discharge authorization, the agency may require the user to submit
for approval, with such modifications as it deems necessary, a detailed
time schedule for specific actions which the user shall take in order
to prevent or correct a violation of requirements.
A.
Any user affected by any decision, action or determination, including
cease-and-desist orders, made by the Superintendent interpreting or
implementing the provisions of this article or in any authorization
issued herein, may file with the Superintendent a written request
for reconsideration within 10 days of such decision, action, or determination,
setting forth in detail the facts supporting the user's request
for reconsideration.
B.
If the ruling made by the Superintendent is unsatisfactory to the
person requesting reconsideration, he may, within 10 days after notification
of agency action, file a written appeal to the Manager of the agency.
If the ruling made by the manager is unsatisfactory to the person
requesting reconsideration, he may, within 10 days after notification
of agency action, file a written appeal to the Board of the Township
of Buchanan. The written appeal shall be heard by the body within
30 days from the date of filing. The agency's governing body
shall make a final ruling on the appeal within 10 days of the close
of the meeting. The Superintendent's decision, action, or determination
shall remain in effect during such period of reconsideration.
Discharges of wastewater in any manner in violation of this
article or of any order issued by this article, are declared a public
nuisance and shall be corrected or abated as directed by the Superintendent.
Any person creating a public nuisance is guilty of a misdemeanor.
Whenever a discharge of wastewater is in violation of the provisions
of this article or otherwise causes or threatens to cause a condition
of contamination, pollution, or nuisance, the agency may petition
any court of competent jurisdiction for the issuance of a preliminary
or permanent injunction, or both, as may be appropriate in restraining
the continuance of such discharge.
When a discharge of wastes causes an obstruction, damage, or
any other impairment to agency facilities, the agency may assess a
charge against the user for the work required to clean or repair the
facility, and add such charge to the user's charges and fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who knowingly makes any false statement or representation,
record, report, plan, or other documents filed with the agency or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, upon conviction, shall
be punished by a fine of not more than $500 and costs of prosecution
or by imprisonment for not more than 90 days, or by both such fine
and costs and imprisonment in the discretion of the court.
The agency may revoke any wastewater discharge authorization,
or terminate or cause to be terminated wastewater service to any premises,
if a violation of any provision of this article is found to exist,
or if a discharge of wastewater causes or threatens to cause a condition
of contamination, pollution, or nuisance as defined in this article.
This provision is in addition to other statutes, rules, or regulations,
authorizing termination of service for delinquency in payment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who intentionally or negligently violates any provision
of this article or authorization condition or who discharges wastewater
which causes pollution, or who violates any cease-and-desist order,
prohibition, effluent limitation, or pretreatment standard shall,
upon conviction, be punished by a fine of not more than $500 and costs
of prosecution or by imprisonment for not more than 90 days, or by
both such fine and costs and imprisonment in the discretion of the
court. Every day any violation of this article shall continue shall
constitute a separate offense.
If any provision, paragraph, word, section or chapter of this
article is invalidated by any court of competent jurisdiction, the
remaining provisions, paragraphs, words, sections, and chapters shall
not be affected and shall continue in full force and effect.
This article shall become effective on the 23rd day of October
1992.
