City of Ithaca, MI Sewers

[Res. No. 2008-01, 1-29-2008; amended 5-15-2012; 9-6-2016 by Ord. No. 2016-02]

Purpose and policy. This article sets forth requirements for users of the City's sewers and treatment system that enable the City to protect its sewers and treatment system and to comply with applicable state and federal laws, including the Clean Water Act and the general pretreatment regulations. The objectives of this article are to:

(1)

Establish conditions for connecting and using the City's sewer system.

(2)

Control the introduction of critical materials or excess compatible pollutants into the City sewers that may not receive adequate treatment and thereby pass through into receiving waters, may interfere with the normal operation of the treatment system, may contaminate and limit recycling options for the treatment system sludge, or may otherwise cause an adverse impact on the collection or treatment systems.

(3)

Protect City personnel who may be affected by pollutants in the wastewater or sludge in the course of their employment.

(4)

Protect the general public.

(b)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

APPLICABLE LOCAL HEALTH AGENCY

The County Health Department, or its successor agency.

AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER

One of the following:

(1)

If the user is a corporation, a principal executive officer of at least the level of vice president;

(2)

If the user is a partnership or proprietorship, a general partner or proprietor, respectively;

(3)

If the user is a government facility, then the director or highest official appointed to oversee the operation of the facility; or

(4)

A designee, provided the designation is in writing, specifies the individual position or person as being responsible for the facility operation or for environmental matters of the facility, and is submitted in writing to the City by the individuals described above.

BEST MANAGEMENT PRACTICES (BMPs)

A schedule of activities, prohibitions of activities, maintenance procedures, and other management actions that include, but are not limited to, treatment requirements, operating procedures, control of site runoff, spillage or leaks, waste or sludge disposal procedures, and control of drainage from material storage areas.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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.

BUILDING DRAIN

That part of a drainage system that carries the wastewater inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.

CHEMICAL OXYGEN DEMAND (COD)

The quantity of oxygen consumed from a chemical oxidant in a specific test.

CHLORINE DEMAND

The difference between the amount of chlorine added to water or wastewater and the amount of residual chlorine remaining at the end of a specified contact period.

CITY

The City Council of the City of Ithaca, Michigan, the City Manager, or other officials duly authorized to act on the City Council's behalf.

CLEAN WATER ACT or THE ACT

The Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

COMBINATION SEWER AND COMBINED SEWER

A sewer receiving both surface runoff and sewage.

COMPATIBLE POLLUTANT

A substance amenable to treatment in the wastewater treatment facility, such as BOD, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit of the wastewater treatment facility, which was designed to treat such pollutants, and in fact does remove such pollutants to an acceptable degree. These additional pollutants may include COD, total organic carbon, phosphorus and phosphorus compounds, nitrogen and nitrogen compounds, and fats, oils and grease of animal or vegetable origin.

COMPOSITE SAMPLE

(1)

For continuous discharges, a sample collected via an automatic sampler over the period of discharge contained within a twenty-four-hour period and consisting of a series of 96 aliquots (or other number of aliquots if approved by the City) taken at a rate proportional to the waste stream flow; or

(2)

For batch discharges, a series of aliquots collected from each batch at a volume approximately equal to the relative batch size and combined prior to laboratory analysis using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance.

(3)

The City may authorize time-proportional composite sampling if the user demonstrates and documents, to the City's satisfaction, that the sampling technique produces samples that are representative of the discharge.

COOLING WATER

The water discharged from any use such as air-conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

CRITICAL MATERIALS

The organic and inorganic substances, elements or compounds listed by the Michigan Department of Environmental Quality or listed in the Federal Register compiled by the Environmental Protection Agency.

DAILY MAXIMUM

The highest allowed concentration or nature of a given pollutant measured in a composite sample or a grab sample, as applicable for that pollutant. Compliance with a daily maximum condition of discharge for a grab sample will apply to analytical test results of a single grab sample if it is the only grab sample that has been collected during the period of discharge contained in a twenty-four-hour period. Compliance with a daily maximum condition of discharge for a grab sample may alternatively apply to the analytical test result of an equal-volume mixture of up to four grab samples or to the numerical average of analytical test results for up to four grab samples, provided such grab samples are collected at approximately equal time increments over the period of discharge contained in a twenty-four-hour period.

DILUTION

Any thinning or weakening of a wastewater discharge by mixing it with water or other liquid, including any process of mixing or diluting as a partial or complete substitute for adequate treatment necessary to achieve compliance with applicable standards and limitations.

DISCHARGE

The introduction, whether intentional or unintentional, direct or indirect, of any waste into a sewer, a storm sewer, or the POTW.

DOMESTIC SEWAGE

Sewage that is coming from households and not from businesses or industries.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The United States Environmental Protection Agency, its Regional Water Management Division Director, or other officials duly authorized to act on the Agency's behalf.

EXISTING SOURCE

Any building, structure, facility, or installation from which there is a discharge to the City's sewer system, and for which construction or operation commenced prior to the EPA's publication of proposed Categorical Pretreatment Standards applicable to such a source.

GARBAGE

Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage, processing and sale of produce.

GENERAL PRETREATMENT REGULATIONS

The federal rules contained in 40 CFR Part 403, as amended, that establish responsibilities of government and industry to control pollutants of nondomestic origin that may pass through, interfere, or contaminate sludge at POTWs.

GRAB SAMPLE

Generally a single sample that is collected over a period of time not exceeding 15 minutes from a waste stream without regard to time or flow.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INCOMPATIBLE POLLUTANT

A pollutant that is not a compatible pollutant as defined in this section.

INDUSTRIAL COST RECOVERY

A charge imposed on an industrial user to reflect its share of the amount of grant funds received to construct wastewater treatment works as provided under P.L. 92-500, and the regulations promulgated under such law.

INDUSTRIAL PRETREATMENT PROGRAM (IPP) or PRETREATMENT PROGRAM

The City's set of MDEQ-approved policies and procedures to control pollutants in nondomestic sewage that may pass through or interfere with the POTW, may contaminate the POTW sludge, may otherwise cause an adverse impact on the POTW, or may threaten the health and safety of POTW workers or the general public.

INDUSTRIAL WASTES

The liquid wastes, solids or semisolids from nondomestic processes that are distinct from domestic sewage.

INFILTRATION

Any waters entering the POTW from the ground by means including, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.

INFLOW

Any waters entering the POTW from sources including, but not limited to, building downspouts, footing drains, yard drains, cooling water systems, seepage lines from springs and swampy areas, and storm drain cross connections. Inflow does not include, and is distinguished from, infiltration.

INSTANTANEOUS MAXIMUM

The highest allowed concentration or nature of a given pollutant measured in any sample, grab or composite.

INSTANTANEOUS MINIMUM

The lowest allowed concentration or nature of a given pollutant measured in any sample, grab or composite.

INTERFERENCE

A discharge that, alone or in conjunction with other discharges, disrupts the POTW to the extent that a provision of the City's NPDES permit is violated, the POTW sewage sludge operations are negatively impacted, an applicable water quality standard of the state is exceeded, or a provision of the Act is violated. This includes, but is not limited to, inhibition of the POTW treatment process efficiency below normal levels, and contamination of the POTW sludge to where the City is limited or prevented from utilizing land application as a disposal practice.

LOCAL LIMITS

The City's numerical and nonnumerical discharge standards that are established herein to promote the objectives of the pretreatment program by protecting against pass-through or interference at the POTW, contamination of the POTW sludge, other adverse impacts on the POTW, as well as health and safety threats to POTW workers and the general public.

MDEQ

The Michigan Department of Environmental Quality.

MDNR

The Michigan Department of Natural Resources.

NATIONAL CATEGORICAL PRETREATMENT STANDARDS or CATEGORICAL STANDARDS

Any regulation containing pollutant discharge limits promulgated by the EPA that applies to specific categories of industrial users and has been promulgated into 40 CFR Parts 405 through 471, as amended which are hereby incorporated by reference and made an integral part of this article. Such categorical standards include, but are not limited to, the following:

(1)

Airport Deicing (40 CFR Part 449).

(2)

Aluminum Forming (40 CFR Part 467).

(3)

Asbestos Manufacturing (40 CFR Part 427).

(4)

Battery Manufacturing (40 CFR Part 461).

(5)

Canned and Preserved Fruits and Vegetable Processing (40 CFR Part 407).

(6)

Canned and Preserved Seafood; Seafood Processing (40 CFR Part 408).

(7)

Carbon Black Manufacturing (40 CFR Part 458).

(8)

Cement Manufacturing (40 CFR Part 411).

(9)

Centralized Waste Treatment (40 CFR Part 437).

(10)

Coal Mining (40 CFR Part 434).

(11)

Coil Coating (40 CFR Part 465).

(12)

Concentrated Animal Feeding Operations; CAFOs (40 CFR Part 412).

(13)

Concentrated Aquatic Animal Production; Aquaculture (40 CFR Part 451).

(14)

Construction and Development (40 CFR Part 450).

(15)

Copper Forming (40 CFR Part 468).

(16)

Dairy Products Processing (40 CFR Part 405).

(17)

Electrical and Electronic Components (40 CFR Part 469).

(18)

Electroplating (40 CFR Part 413).

(19)

Explosives Manufacturing (40 CFR Part 457).

(20)

Ferroalloy Manufacturing (40 CFR Part 424).

(21)

Fertilizer Manufacturing (40 CFR Part 418).

(22)

Glass Manufacturing (40 CFR Part 426).

(23)

Grain Mills (40 CFR Part 406).

(24)

Gum and Wood Chemicals (40 CFR Part 454).

(25)

Hospitals (40 CFR Part 460).

(26)

Ink Formulating (40 CFR Part 447).

(27)

Inorganic Chemicals (40 CFR Part 415).

(28)

Iron and Steel Manufacturing (40 CFR Part 420).

(29)

Landfills (40 CFR Part 445).

(30)

Leather Tanning and Finishing (40 CFR Part 425).

(31)

Meat and Poultry Products (40 CFR Part 432).

(32)

Metal Finishing (40 CFR Part 433).

(33)

Metal Molding and Casting; Foundries (40 CFR Part 464).

(34)

Metal Products and Machinery (40 CFR Part 438).

(35)

Mineral Mining and Processing (40 CFR Part 436).

(36)

Nonferrous Metals Forming and Metal Powders (40 CFR Part 471).

(37)

Nonferrous Metals Manufacturing (40 CFR Part 421).

(38)

Oil and Gas Extraction (40 CFR Part 435).

(39)

Ore Mining and Dressing; Hard Rock Mining (40 CFR Part 440).

(40)

Organic Chemicals, Plastics, and Synthetic Fibers (40 CFR Part 414).

(41)

Paint Formulating (40 CFR Part 446).

(42)

Paving and Roofing Materials; Tars and Asphalt (40 CFR Part 443).

(43)

Pesticide Chemicals Formulating and Packaging (40 CFR Part 455).

(44)

Petroleum Refining (40 CFR Part 419).

(45)

Pharmaceutical Manufacturing (40 CFR Part 439).

(46)

Phosphate Manufacturing (40 CFR Part 422).

(47)

Photographic (40 CFR Part 459).

(48)

Plastic Molding and Forming (40 CFR Part 463).

(49)

Porcelain Enameling (40 CFR Part 466).

(50)

Pulp, Paper, and Paperboard (40 CFR Part 430).

(51)

Rubber Manufacturing (40 CFR Part 428).

(52)

Soap and Detergent Manufacturing (40 CFR Part 417).

(53)

Steam Electric Power Generating (40 CFR Part 423).

(54)

Sugar Processing (40 CFR Part 409).

(55)

Textile Mills (40 CFR Part 410).

(56)

Timber Products Processing (40 CFR Part 429).

(57)

Transportation Equipment Cleaning (40 CFR Part 442).

(58)

Waste Combustors (40 CFR Part 444).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

A permit issued by the MDEQ, under authority granted by the EPA pursuant to Section 402 of the Act (33 U.S.C. § 1342), which allows the City to discharge wastewater to surface waters of the state subject to specific terms and conditions.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of water, either surface water or groundwater.

NEW SOURCE

(1)

Any building, structure, facility or installation from which there is or may be a discharge, and for which construction commenced after the EPA's publication of proposed categorical pretreatment standards applicable to such a source, provided any of the following provisions apply:

The building, structure, facility, or installation is constructed at a site at which no existing source is located;

The building, structure, facility or installation totally replaces the production equipment or processes that cause the discharge of pollutants at an existing source; or

The wastewater-generating production equipment or processes of the building, structure, facility or installation are substantially independent of an existing source at the same site, where factors used to determine substantial independence include the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source.

(2)

Construction of a new source is considered to have commenced when the owner/operator has begun significant site preparation, begun assembly of equipment or facilities, or has entered into a binding contractual obligation for the purchase of equipment or facilities intended for use in the operation within a reasonable time.

(3)

Construction on a site at which an existing source is located is considered a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)a herein but otherwise alters, replaces or adds to the wastewater-generating production equipment or processes.

NONCONTACT COOLING WATER

Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.

NONDOMESTIC USER, INDUSTRIAL USER or USER

Any source of nondomestic sewage into the POTW.

NONDOMESTIC WASTES

Any wastewaters that are coming from offices, businesses or industries and not from households.

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS)

A system of codes that identify a firm's primary business activity. The NAICS codes were developed by the United States government in cooperation with Canadian and Mexican statistical agencies. Because both Canada and Mexico use NAICS for their industry classifications, United States government and business analysts using the NAICS system are able to compare directly industrial production statistics collected and published in the three North American Free Trade Agreement countries. [Also see the definition of Standard Industrial Code (SIC) in this section.]

OBSTRUCTION

Any substance of whatever nature that causes a substantial impediment to flow in the City's sewer, including, but not be limited to, garbage, particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch, manure, bones, hair, hides or fleshings, entrails, feathers, ashes, cinders, rocks, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt, refining residues, fuel or lubricating oil processing residues, mud, glass grinding or polishing wastes, or other type of such debris.

OPERATION AND MAINTENANCE (O&M) COSTS

The expenditures required for operating, maintaining and replacement of the treatment works.

OWNER OR OWNERS

Holders of record for freehold of a premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm or corporation in control of a building, structure, facility or installation.

PASS-THROUGH

A discharge that exits the POTW into the receiving water in quantities or concentrations that, alone or in conjunction with other discharges, is a cause of a violation of any requirement of the City's NPDES permit, any applicable water quality standard of the state, or any provision of the Act, including an increase in the magnitude or duration of a violation.

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

A measure of the acidity or basicity of a solution, expressed in standard units. A neutral pH is 7.0; below 7.0 is acidic; above 7.0 is alkaline.

POLLUTANT

Any chemical, substance or property that impairs the purity of air, water and soil and that makes such air, water and soil potentially harmful to animals, plants or human life.

POLLUTION

The introduction of pollutants into air, water and soil from sources including, but not limited to, refuse material, industrial waste, agricultural water and municipal waste.

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants or pollutant properties to a less-harmful state prior to discharge to the POTW. This reduction, elimination or alteration can be obtained by physical, chemical or biological processes, by process changes, or by any other means except dilution.

PRETREATMENT STANDARDS OR REQUIREMENTS

Any substantive or procedural requirements relating to pretreatment, including, but not limited to, federal categorical standards and requirements of this article, that apply to a user of the POTW.

PROCESS WASTE STREAM

Any water that, during manufacturing or processing, comes into direct contact with, or results from, the production or use of any raw material, intermediate product, finished product, by-product or waste product. This does not include domestic wastewater, noncontact cooling water, infiltration or inflow.

PROPERLY SHREDDED GARBAGE

The waste from the cooking, preparation and dispensing of food that has been cut or shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PROPERTY OWNER

The owner of the property that is serviced by the POTW.

PUBLIC SEWER

A sewer in which all owners of abutting property have equal rights and which is controlled by public authority.

PUBLICLY OWNED TREATMENT WORKS (POTW)

The City-owned equipment and processes used in collection, pumping, storage, treatment, recycling and reclamation of wastewater or sludge. Use of the term "POTW treatment plant" means that portion of the POTW that is designed to provide wastewater treatment and sludge recycling or reclamation.

REPLACEMENT

The replacement, in whole or in part, of any equipment, appurtenances and accessories in the POTW to ensure continuous compliance with the NPDES permit and other applicable state and federal regulations.

REPLACEMENT COSTS

The expenditures for obtaining and installing equipment, accessories or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed.

SANITARY SEWAGE

Any liquid wastes discharged from residences, business buildings and institutions, as distinct from industrial wastes, with strengths not exceeding the limits set forth by the City.

SANITARY SEWER

A sewer that carries domestic and nondomestic sewage and to which stormwaters and surface waters are not intentionally admitted.

SEPTIC TANK WASTE

Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers or septic tanks.

SEWAGE

Any combination of water-carried wastes from residences, business and commercial buildings, institutions and industrial establishments.

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of sewage.

SEWER

Any pipe, tile, tube or conduit for carrying sewage.

SHALL

Is mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER (SIU)

Any user of the City's POTW who:

(1)

Is subject to National Categorical Pretreatment Standards;

(2)

Discharges 25,000 gallons or more per average workday of process water to the POTW, excluding sanitary, noncontact cooling water and boiler blow-down wastewater;

(3)

Contributes a process waste stream that makes up 5% or more of the average dry-weather hydraulic or organic capacity of the POTW; or

(4)

Is designated as such by the City on the basis of reasonable potential to discharge nondomestic wastes deleterious to the public health and safety pursuant to § 38-102(a) herein.

SLUG or SLUG LOAD

Any discharge of water or wastewater that, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or quantity of flow during normal operation, or could cause a violation of pretreatment standards and requirements.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

A classification pursuant to the Standard Industrial Classification Manual of the United States Office of Management and Budget, 1972 or later. [Also see the definition for North American Industrial Classification System (NAICS) in this section.]

STATE

The State of Michigan.

STORM SEWER and STORM DRAIN

A sewer that carries stormwaters and surface waters and drainage, but which excludes sewage and polluted industrial wastes.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.

SURCHARGE

The additional treatment charges made by the City for the treatment of wastewater containing pollutants in excess of normal domestic wastewater.

SUSPENDED SOLIDS (SS)

The solids that either float on the surface of, or are suspended in, water, sewage or other liquids, and which are removable by laboratory filtering.

TOXIC POLLUTANT

Any pollutant or combination of pollutants that have been identified as directly harmful to animals, plants or human life, including but not limited to, those listed as toxic in regulations promulgated by the EPA under the provisions of the Act.

UPSET

An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user.

WASTE

Any industrial waste, nondomestic waste, pollutant, sanitary sewage, sewage or wastewater.

WASTEWATER

Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial/manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.

WASTEWATER DISCHARGE PERMIT

A permit, developed and issued by the City, that specifies terms and conditions under which a nondomestic user is allowed to discharge wastewater or other wastes to the POTW.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

(c)

Abbreviations. The following abbreviations shall have the meanings as indicated:

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

EPA

United States Environmental Protection Agency.

L or l

Liter.

lb.

Pound.

mg.

Milligram.

mg/L or mg/L

Milligrams per liter.

NAICS

North American Industrial Classification System.

NPDES

National Pollutant Discharge Elimination System.

O&M

Operation and maintenance.

Phosphorus.

POTW

Publicly owned treatment works.

PPM or ppm

Parts per million.

SIC

Standard Industrial Classification.

SIU

Significant industrial user.

Suspended solids.

s.u.

Standard units for pH.

§ 38-87 Waste deposits.

[Res. No. 2008-01, 1-29-2008]

It shall be unlawful for any person to place or deposit, or permit to be deposited, in an unsanitary manner upon any public or private property within the City, any human or animal excrement, garbage or other objectionable waste.

§ 38-88 Water pollution.

[Res. No. 2008-01, 1-29-2008; amended 5-15-2012]

It shall be unlawful for any person to discharge into any natural watercourse or any storm sewer within the City any sanitary sewage, industrial waste, waste, or other polluted waters, except where suitable treatment has been provided in accordance with the standards established by the MDEQ.

§ 38-89 Privies and septic tanks.

[Res. No. 2008-01, 1-29-2008]

Except as otherwise provided in this article, it shall be unlawful for any person to construct or maintain a privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage within the City.

§ 38-90 Sewer connection required.

[Res. No. 2008-01, 1-29-2008]

The owner of a house, building or property used for human occupancy, employment, recreation or other purpose, situated within the City and abutting on a street, alley, right-of-way or public utility easement in which there is located a public sanitary or combined sewer of the City, is required, at his own expense, to install suitable toilet facilities therein and to connect such facilities directly to the public sewer in accordance with the provisions of this article within 90 days of the date the official notice to do so is issued by the City Manager, provided that the public sewer is located within a public easement contiguous to, and not further than 200 feet from, any such house, building, structure or property.

§ 38-91 Private sewer systems.

[Res. No. 2008-01, 1-29-2008]

Where a public sanitary sewer is not available under the provisions of § 38-90, the building sewer shall be connected with a private disposal system complying with the regulations and orders of the State Department of Public Health and the City Manager.

§ 38-92 Discontinuance of private sewer systems; abandonment and filling.

[Res. No. 2008-01, 1-29-2008]

When a public sewer becomes available to a property served by a private sewage disposal system as provided in § 38-91, a direct connection shall be made to the public sewer in compliance with the provisions of this article, and any septic tank, privy, privy vault, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material.

§ 38-93 Maintenance of private sewer systems

[Res. No. 2008-01, 1-29-2008]

The owner shall operate and maintain a private sewage disposal facility in a sanitary manner at all times and at no expense to the City.

§ 38-94 Requirements of regulatory agency.

[Res. No. 2008-01, 1-29-2008]

Nothing in this article shall be construed to interfere with any additional requirements that may be imposed by the regulatory agency with respect to private sewage disposal.

§ 38-95 Permit required.

[Res. No. 2008-01, 1-29-2008; amended 9-6-2016 by Ord. No. 2016-02]

(a)

No unauthorized person within the City shall uncover, make a connection with or opening into, use, alter or disturb any public sewer or any appurtenance of a public sewer without first obtaining a written permit from the City Department of Public Works (DPW).

(b)

Wastewater discharge permit.

(1)

No significant industrial user shall discharge into the POTW without first obtaining a wastewater discharge permit from the City. The City may require other users to obtain wastewater discharge permits as necessary to carry out the purpose of this article.

(2)

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subject the permitted user to enforcement remedies included in this article. Obtaining a wastewater discharge permit does not relieve the permitted user's obligation to comply with all federal and state pretreatment standards and requirements or with any other requirements of federal, state and local law.

(3)

To obtain a wastewater discharge permit, the following information shall be submitted on an application form furnished by the City:

Name, mailing address, facility location, name of operator and name of owners.

A list of any environmental control permits held by or for the facility.

Description of activities and plant processes at the facility, including a list of all raw materials and chemicals used or stored that are, or could be, discharged.

Number and type of employees, hours of operation, and proposed or actual hours of operation.

Time and duration of wastewater discharges, including average and maximum per day, as well as any seasonal variations.

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by the size, location and elevation, and all points of discharge.

A brief description of the nature, average rate of production, and both SIC and NAICS numbers for operations carried out at the location. The description should include a facility drawing/schematic that indicates the processes generating discharge and the points of discharge to the POTW.

Measured average daily and maximum daily total flow to the POTW, including information on flow from any regulated process streams and, where use of the combined waste stream formula is necessary, from any unregulated other streams. Flow estimates are acceptable where necessary, provided the estimating procedure is preapproved by the City.

Categorical pretreatment standards applicable to any process.

Results of sampling and analysis identifying the nature/concentration or mass, where required by the standard or by the City, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations, or mass where required, shall be reported. Sampling and analysis shall be performed in accordance with procedures established in this article, and the sample shall be representative of daily operations.

A statement whether pretreatment standards and requirements are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the pretreatment standards and requirements. If additional pretreatment and/or O&M will be required, a proposed compliance schedule containing increments of progress for activities to be completed. The schedule shall be the shortest deemed feasible, and the completion date shall not be later than the compliance date established for any applicable pretreatment standard. Such compliance schedules shall be in accordance with the requirements of 40 CFR Part 403.12(c).

Any other information as may be deemed necessary by the City to evaluate the wastewater discharge permit application.

Signature and certification in accordance with § 38-107(e)(7) of this article.

(4)

Incomplete or inaccurate applications will not be processed by the City and will be returned to the user for revision.

(5)

The City will evaluate the data furnished by the user and may require additional information. The City will then determine whether or not to issue a wastewater discharge permit and notify the user of this decision. The City may deny a wastewater discharge permit for any reason deemed appropriate.

(6)

A wastewater discharge permit will be issued for a specified time period, but not for more than five years from the effective date of the permit. A wastewater discharge permit will include conditions that the City deems necessary to prevent pass-through or interference, prevent sewage sludge contamination, protect worker health and safety, and protect the general public. All wastewater discharge permits shall contain the following at a minimum:

Date after which the permit is effective, and date when the permit will expire.

Sampling location, sampling frequency and sample type.

Applicable discharge limits.

Reporting, notification and recordkeeping requirements.

A statement that the wastewater discharge permit is nontransferable without prior notification to the City, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

A statement that compliance with the wastewater discharge permit does not relieve the permitted user of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.

(7)

A wastewater discharge permit may also contain the following if deemed appropriate by the City:

Limits on the average and/or maximum discharge flow, time of discharge and requirements for flow regulation or equalization.

Requirements for pretreatment, pollution control, and/or containment devices to reduce, eliminate or prevent the introduction of pollutants into the treatment works.

Compliance schedules.

Requirements for spill control plans, special conditions, and/or management practices to prevent accidental, unanticipated or nonroutine discharges.

Requirements for waste minimization plans to reduce the amount of pollutants discharged.

Requirements for installation and maintenance of inspection and sampling facilities and equipment.

Any other conditions deemed appropriate by the City to promote the objectives of the industrial pretreatment program, ensure compliance with this article, or meet state and federal regulations.

(8)

The City may revise a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state or local pretreatment standards or requirements.

To address significant alterations or additions to the permitted user's operation, processes, wastewater volume, or wastewater character in the time since issuance of the wastewater discharge permit.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

New information indicating that the permitted discharge poses a threat to the POTW, City personnel or the receiving waters.

Violation of any terms or conditions of the wastewater discharge permit.

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

To correct typographical or other errors in the wastewater discharge permit.

To reflect a transfer of the facility ownership or operation to a new owner or operator.

(9)

The City may reissue a wastewater discharge permit if the permitted user submits a complete and updated permit application at least 90 days prior to the existing permit's expiration date. A wastewater discharge permit issued to a particular user becomes void upon reissuance to that user.

(10)

The City may revoke a wastewater discharge permit for good cause, including, but not limited to, the following:

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.

Failure to meet effluent limitations.

Failure to meet compliance schedules.

Failure to pay sewer charges, fees or fines.

Refusing to allow the City timely access to the facility premises and records.

Failure to provide prior notification to the City of changed conditions or potential problems pursuant to § 38-107(e)(4) and (5) of this article.

Falsifying self-monitoring reports.

Tampering with monitoring equipment.

Failure to provide advance notice of the transfer of business ownership of a permitted facility.

Violation of terms of the wastewater discharge permit, this article or any pretreatment standard or requirement.

(11)

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. The City may, but is not obligated to, approve a wastewater discharge permit transfer to a new owner or operator if the existing permitted user provides a notice at least 90 days prior to the business ownership transfer. This notice of pending transfer shall include a written certification by the new owner/operator that states it has no immediate intent to change the facility's operations and processes, identifies the specific date on which the business ownership transfer is to occur, and acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide a timely notice of pending transfer will render the existing wastewater discharge permit void as of the date of business ownership transfer.

(12)

Within 30 days of any action by the City on a wastewater discharge permit, the permitted user or any other person may petition for reconsideration. Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of this administrative appeal. In its petition, the appealing party must indicate the specific permit provisions objected to, the reasons for this objection, and any alternative condition it seeks to place in the permit. The wastewater discharge permit, including the provisions objected to, shall not be stayed pending resolution of the petition for reconsideration. If the City fails to act within 90 days, the petition for reconsideration shall be considered denied. A decision by the City not to issue a wastewater discharge permit, not to reconsider conditions of a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review. Aggrieved parties seeking judicial review of the City's final administrative actions shall do so by filing a complaint with the Circuit Court of Gratiot County in accordance with applicable laws.

§ 38-96 Permit fee.

[Res. No. 2008-01, 1-29-2008]

All connections with the sanitary or combined sewers of the City shall be made only on written authorization and permits issued by the City on such forms and upon payment of such fees as shall be established by resolution of the City Council from time to time.

§ 38-97 Installation costs.

[Res. No. 2008-01, 1-29-2008]

All costs and expenses incidental to the installation and connection of a building sewer shall be borne by the owner of the property. The owner shall indemnify the City from all loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

§ 38-98 Plans and specifications.

[Res. No. 2008-01, 1-29-2008]

All applicants for sewer connection permits within the City shall first submit plans and specifications of all plumbing construction within such building or premises, and such plans and specifications shall meet the requirements of the State Plumbing Code. When such plans and specifications have been approved by the Building Inspector and Water/Sewer Department, a construction permit shall be issued, subject to final inspection and approval when construction is completed and the plumbing is ready for connection with the City sewer system.

§ 38-99 Inspection.

[Res. No. 2008-01, 1-29-2008]

(a)

An applicant for a building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The Building Inspector shall then inspect the building and plumbing construction; and if such construction meets the previous requirements as approved in the construction permit, a sewer connection permit shall be issued, subject to the applicable provisions of this article.

(b)

The City will carry out all inspection, surveillance, and monitoring procedures that it considers necessary to determine, independent of information supplied by users, whether applicable pretreatment standards and requirements are being met.

§ 38-100 Repairs.

[Res. No. 2008-01, 1-29-2008]

The cost of all repairs, maintenance and replacements of existing building sewers and their connection to public sewers to the main will be borne by the property owner. Such owner shall make application to the City Manager to perform such work.

§ 38-101 Unpolluted water.

[Res. No. 2008-01, 1-29-2008]

No person shall discharge, or cause to be discharged, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, noncontact cooling water or unpolluted industrial process waters into any sanitary sewer without approval of the City Manager. Stormwater and all other unpolluted drainage may be discharged into such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City Manager and/or the MDEQ. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City Manager and the MDEQ, into a storm sewer or natural outlet.

§ 38-102 Prohibited uses.

[Res. No. 2008-01, 1-29-2008; amended 5-15-2012; 9-6-2016 by Ord. No. 2016-02]

(a)

Except as approved and permitted by the City pursuant to this article, no person shall discharge any waste into the City sewer system that is deleterious to the public health and safety. Any waste will be considered deleterious if it may cause damaging effects as set forth in Subsection (a)(1) of this section and/or does not conform to the limitations set forth in Subsections (a)(2) through (a)(4) of this section.

(1)

General conditions. A waste will be considered deleterious if it may cause any of the following conditions:

Chemical reaction, either directly or indirectly, with the materials of construction that impairs the strength or durability of the sewer or sewage treatment process structures.

Mechanical action that will destroy or damage the sewer or sewage treatment process structures.

Restriction of the hydraulic capacity of sewer or sewage treatment process structures.

Restriction of the normal inspection or maintenance of the sewer or sewage treatment process structures.

Placing of unusual demands on the sewage treatment process.

Limitation of the effectiveness of the sewage treatment process.

Danger to public health and safety.

Obnoxious conditions inimical to the public interest.

Exceeding of the hydraulic capacity of any downstream conveyance or treatment works.

Pass-through or interference at the POTW.

(2)

Specific conditions. A waste will be considered deleterious if it does not conform to the following limitations:

Must have acidity or alkalinity neutralized to a pH of more than 6.0 s.u. as an instantaneous minimum and less than 9.5 s.u. as an instantaneous maximum, and does not otherwise cause corrosive structural damage to the POTW.

Must not contain hydrogen sulfide, sulfur dioxide, oxides of nitrogen or any of the halogens in amounts that cause interference with the sewer or sewage treatment process operation, or pass through the sewage treatment process.

Must not contain pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. (60° C.) as an instantaneous maximum using the test methods specified in 40 CFR 261.21.

Must not contain any explosive substance. In the case of gas or vapors, the concentrations shall not exceed 20% of the lower explosive limit as an instantaneous maximum.

Must not have heat in amounts that will inhibit biological activity in the sewage treatment process resulting in interference, or cause the influent to the sewage treatment process to have a temperature above 104° F. (40° C.).

Must not contain grease, oil or another substance in amounts that will cause obstruction in the sewer or otherwise interfere with operation of the sewer or sewage treatment process.

Must not contain insoluble substances in amounts that will cause obstruction in the sewer or otherwise interfere with operation of the sewer or sewage treatment process.

Must not contain total solids (soluble and insoluble substances) in amounts that will cause interference with the operation of the sewage treatment process.

Must not contain a soluble substance in concentrations that would increase the viscosity to a value that causes obstruction in the sewer or otherwise interferes with operation of the sewer or sewage treatment process.

Must not contain an insoluble substance having a specific gravity value that causes an obstruction in the sewer or otherwise interferes with operation of the sewer or sewage treatment process.

Must not contain any insoluble substance that will fail to pass a No. 8 standard sieve or that has any dimension greater than 1/2 inch, or lower if either of these values cause an obstruction in the sewer or otherwise interferes with operation of the sewer or sewage treatment process.

Must not contain any gases, vapors or fumes, either free or excluded, in concentrations that are toxic or dangerous to humans, animals or the City sewer system. This includes toxic gases, vapors or fumes within the POTW in quantities that may cause acute worker health and safety problems.

Must not have a chlorine demand that will cause interference with the operation of the wastewater treatment facilities.

Must not contain an antiseptic substance in amounts that will interfere with or pass through the sewage treatment process.

Must not contain phenols in amounts that will interfere with or pass through the sewage treatment process.

Must not contain any toxic or irritating substance that will create conditions hazardous to the public health and safety. This includes noxious or malodorous liquids, gases, solids or other wastewater that, ether singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.

Shall not contain oily substances in amounts causing interference or pass-through of the sewage treatment process.

Shall not contain a substance that, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.

Shall not contain BOD, suspended solids, phosphorus, ammonia-nitrogen, or oil and grease in excess of the local limits contained in Subsection (a)(3)a herein; or arsenic, cadmium, total chromium, copper, cyanides, lead, mercury, molybdenum, nickel, selenium, silver or zinc in excess of the local limitations contained in Subsection (a)(3)b herein.

Shall not contain any trucked or hauled pollutants, including holding tank waste, except with specific permission of the City and only at discharge points designated by the City.

Shall not contain residue (total on evaporation) in excess of values that cause an obstruction in the sewer or otherwise interfere with operation of the sewer or sewage treatment process.

Shall not contain a substance with a viscosity in excess of values that cause an obstruction in the sewer or otherwise interfere with operation of the sewer or sewage treatment process.

Shall not contain a material causing coloration or light absorbency that will interfere with plant processes or analytical determinations, including, but not limited to, dye wastes and vegetable tanning solutions.

Shall not contain radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable state or federal regulations.

May contain sludge that results from a treatment process, either potable water, municipal or industrial wastes, but only if it is completely amenable to conventional wastewater treatment without application of unusual means or expense and does not cause an obstruction in the sewer or other interference with operation of the sewer or the sewage treatment process. Trucked or hauled wastewater, and septic tank sludge may be accepted from licensed operators, but only when authorized and delivered to a designated disposal site upon compliance with the conditions imposed by the City Manager and after payment to the City Treasurer of a fee assessed by the City Manager.

Shall not contain an unusual volume of flow or concentration of wastes constituting slugs, or causing an obstruction in the sewer or other interference with the sewer or sewage treatment process operation, or causing pass-through of the sewage treatment process.

aa.

Shall not contain concentrations of other wastewater constituents in amounts causing an obstruction in the sewer or other interference with the sewer or sewage treatment process operation, or causing pass-through of the sewage treatment process, or greater than limits set forth by the City.

(3)

Local limits. Unless specifically authorized by the City, no discharge shall contain daily maximum concentrations in excess of the following:

Background standards. Unless specially authorized by the City, no wastewater containing pollutants in excess of the following background standards shall be discharged:

Background standards for compatible pollutants:

Pollutant	Sample Type	Daily Maximum
5-day BOD	Composite	200 mg/L
Total suspended solids	Composite	160 mg/L
Ammonia nitrogen	Composite	32 mg/L
Total phosphorus	Composite	5 mg/L
Total oil and grease	Grab	31 mg/L
Nonpolar oil and grease (petroleum-based)	Grab	8 mg/L

Background standards for toxic pollutants:

Pollutant	Sample Type	Daily Maximum
Arsenic, total	Composite	0.002 mg/L
Cadmium, total	Composite	0.0002 mg/L
Chromium, total	Composite	0.002 mg/L
Copper, total	Composite	0.028 mg/L
Cyanides, available	Grab	Nondetectable at 0.002 mg/L detection level
Lead, total	Composite	0.002 mg/L
Mercury, total	Composite	*See Subsection(a)(3)c of this section
Molybdenum, total	Composite	0.007 mg/L
Nickel, total	Composite	0.005 mg/L
Selenium, total	Composite	0.001 mg/L
Silver, total	Composite	0.0005 mg/L
Zinc, total	Composite	0.108 mg/L

User-specific maximum limits. Upon specific authorization of the City, and inclusion as a condition of a wastewater discharge permit or alternate control mechanism, wastewater containing pollutants not in excess of the following user-specific maximum limits may be discharged:

User-specific maximum limits for compatible pollutants:

Pollutant	Sample Type	Daily Maximum
5-day BOD	Composite	1,800 mg/L
Total suspended solids	Composite	1,550 mg/L
Ammonia nitrogen	Composite	45 mg/L
Total phosphorus	Composite	20 mg/L
Total oil and grease	Grab	250 mg/L
Nonpolar oil and grease (petroleum-based)	Grab	50 mg/L

User-specific maximum limits for toxic pollutants:

Pollutant	Sample Type	Daily Maximum
Arsenic, total	Composite	0.10 mg/L
Cadmium, total	Composite	0.18 mg/L
Chromium, total	Composite	4.5 mg/L
Copper, total	Composite	2.5 mg/L
Cyanides, available	Grab	0.08 mg/L
Lead, total	Composite	0.73 mg/L
Mercury, total	Composite	*See Subsection (a)(3)c of this section
Molybdenum, total	Composite	0.62 mg/L
Nickel, total	Composite	1.5 mg/L
Selenium, total	Composite	0.049 mg/L
Silver, total	Composite	0.34 mg/L
Zinc, total	Composite	9.7 mg/L

Special condition for mercury. Unless otherwise allowed by this section, the discharge of mercury above the quantification level for EPA Method 245.1 shall represent an exceedance of the local limit. Mercury sampling procedures, preservation and handling, and analytical protocol for compliance monitoring shall be in accordance with EPA and Method 245.1 at a quantification level that shall be 0.0002 mg/L, unless higher levels are appropriate due to sample matrix interference. Discharge of mercury above the quantification level is allowed only where specifically approved and permitted by the City subject to the following conditions:

Each discharger of detectable mercury shall have a City-accessible point for monitoring the user's discharge. Costs for installing this monitoring point shall be the discharger's responsibility.

Each discharger of detectable mercury shall routinely self-monitor its effluent for mercury using a composite sample collected over the period of normal discharge, tests conducted in accordance with EPA Method 245.1 or approved equivalent method, and a frequency to be established by the City. While the discharger may contract with the City or an outside consultant/laboratory to conduct this sampling and analytical testing, all associated costs shall be the discharger's responsibility.

At its discretion, the City may collect additional samples from each discharger of detectable mercury.

Each discharger of detectable mercury shall develop and implement a program to establish actions and schedule commitments for minimizing mercury entering the collection system. A program plan, which shall submitted to the City for review and concurrence, shall address the following: treatment system for removal of mercury from the discharged wastewater; written procedures for disposal of mercury-contaminated wastes; new employee training; refresher training for current employees; review, and elimination where feasible, of purchased materials containing mercury; and other activities as deemed appropriate by the City or the discharger.

Failure to comply with these conditions may result in escalated enforcement response, including fines, legal action and termination of sewer service.

If the City determines that all reasonable and cost-effective actions based on economic, technical and treatability considerations have been implemented, a discharge containing detectable mercury may be accepted on the condition that the mercury minimization program continues to be actively administered. However, the City reserves the right to reject any detectable mercury discharge for any reason it deems appropriate.

Should the interim local limits established herein, either individually or in combination with another, cause or potentially cause interference or pass-through at the POTW, the allowable concentrations of these substances may be reduced by the City Council. Should it be determined that these limits can be raised without causing interference or pass-through at the POTW, the allowable concentrations of these substances may be raised by the City Council subject to MDEQ review and approval.

Local initiative limits. The City may, at its discretion, impose in a wastewater discharge permit or order a local initiative limit (LIL) for any pollutant not specifically listed as local limits under Subsection (a)(3)a and b of this section. To determine an LIL, which may be a limitation on concentration or mass, the City will evaluate the acceptable pollutant loading based on the POTW design, treatability of the pollutant at the POTW, potential to pass through or interfere with the POTW, current loading of the pollutant to the POTW, properties of the pollutant, and other relevant factors deemed appropriate by the City. Any City-developed LIL will be subject to review by the MDEQ.

(4)

National Categorical Pretreatment Standards.

National Categorical Pretreatment Standards of 40 CFR Parts 405-471, which specify quantities and/or concentrations or properties of pollutants that may be discharged to a POTW by nondomestic users in specific industrial subcategories, are hereby incorporated by reference as an integral part of this article. These standards, unless specifically noted otherwise, shall be in addition to all pretreatment standards and requirements set forth in these rules.

Upon the promulgation of National Categorical Pretreatment Standards for a particular subcategory, any associated standards that are more stringent than the City's local limits established herein shall supersede said limits for sources in that subcategory and shall be considered part of this article. The City will notify affected users of the applicable limits and reporting requirements.

When applicable National Categorical Pretreatment Standards are expressed only in terms of mass of pollutant per unit of production, the City may impose equivalent concentration or mass limits in accordance with 40 CFR Part 403.6(c).

When wastewater subject to a National Categorical Pretreatment Standard is mixed with wastewater not regulated by the same standard, the City may impose alternative limits using the combined waste stream formula of 40 CFR Part 403.6(e).

A user may obtain a variance from a National Categorical Pretreatment Standard if the user can prove, pursuant to the procedural and substantive provisions of 40 CFR Part 403.13, that factors relating to its discharge are fundamentally different from the factors considered by the EPA when developing that standard.

At its discretion, a user may seek to obtain a net gross adjustment to a National Categorical Pretreatment Standard in accordance with 40 CFR Part 403.15.

Existing users subject to new National Categorical Pretreatment Standards shall achieve compliance within three years of the date the standard is promulgated, unless a shorter compliance schedule is specified in the standard.

New sources subject to National Categorical Pretreatment Standards shall install, have in operating condition, and have started up all pretreatment equipment required to achieve compliance before beginning to discharge. All applicable pretreatment standards shall be met within the shortest feasible time, but not to exceed 90 days after beginning to discharge.

(b)

Except for categorical pretreatment standards, all of the standards and regulations set forth in Subsection (a) of this section shall apply at the point where industrial- or commercial-type wastes are discharged into the public sewer system, and all chemical and/or mechanical corrective treatment must be accomplished to practical completion before such discharge point is reached. In the case of categorical pretreatment standards, corresponding limitations shall apply at the point of discharge from the categorical process, unless alternative limits for the point of discharge to the POTW are determined by the City using the combined waste stream formula of 40 CFR Part 403.6(e).

(c)

All measurements, tests and analyses of the characteristics of wastes, and wastes to which reference is made in this section, shall be determined in accordance with 40 CFR 136, entitled "Guidelines Establishing Test Procedures for Analysis of Pollutants," or as specified by the City.

(d)

Sampling shall be carried out by customarily accepted methods to obtain a sample that is representative of conditions occurring during the periods of discharge. Whether the collected samples should be twenty-four-hour composites, grabs, or both, is dependent on the particular analysis tests being completed, as indicated in Subsection (a)(3) of this section.

(e)

Sewage discharges shall conform in all respects to the criteria set forth in this section, unless specifically excepted by the City Manager. Future conditions imposed on the City Manager by federal or state agencies may require subsequent reappraisal and modifications to such criteria by the City Manager. Where federal or state regulations, including, but not limited to, the City's NPDES permit, require limits on parameters not covered in this article, or limits more stringent than those specified in this article, the federal or state limits shall take precedence.

§ 38-103 Repairs and maintenance to service lines.

[Res. No. 2008-01, 1-29-2008]

Any building, lot or parcel utilizing municipal sewer services will be responsible for maintaining and repairing the service line from their building to the sewer main. Notification should be given to the City immediately upon the discovery of a problem with the service lines. A determination will be made by the City Sewer Department whether the problem is not in the main. Work that is performed by non-City employees must be inspected and approved by the City prior to completion of the project. Routine cleaning of the service line to the main shall be the responsibility of the property owner.

§ 38-104 Cleanouts.

[Res. No. 2008-01, 1-29-2008]

All buildings, lots or parcels being serviced by the municipal sewer services shall be required to provide a cleanout located not more than 90 feet from the main. If the structure utilizing the municipal sewer service is more than 90 feet from the main, additional cleanouts shall be required. The structure should have a cleanout located within or immediately outside the wall nearest to the City main.

§ 38-105 Interceptors.

[Res. No. 2008-01, 1-29-2008]

(a)

Grease, oil and sand interceptors shall be provided when, in the opinion of the City Manager and/or the MDEQ, such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units.

(b)

All interceptors shall be of a type and capacity approved by the City Manager and/or the MDEQ and shall be located so as to be readily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

§ 38-106 Maintenance of interceptors.

[Res. No. 2008-01, 1-29-2008]

All installed grease, oil and sand interceptors shall be maintained by the owner, at his expense, and shall be in a continuously efficient operation at all times.

§ 38-107 Restrictions.

[Res. No. 2008-01, 1-29-2008; amended 9-6-2016 by Ord. No. 2016-02]

(a)

If any wastes are discharged, or are proposed to be discharged, to the public sewers, which wastes contain the substances, possess the characteristics or exceed the limitations enumerated in § 38-102, or which, in the judgment of the City Manager, may have a deleterious effect on the City's facilities, including all piping, pumps, lagoon and other appurtenances, the City Manager may:

(1)

Prohibit the discharge of the wastes to the public sewer.

(2)

Temporarily permit the discharge of the wastes to the public sewer, subject to conditions that the City Manager may recommend based on his review of such factors as quantity of the waste in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment works, degrees of treatability of the wastes, NPDES permit limitations and any other pertinent factors.

(3)

Require pretreatment of such wastes to an acceptable condition for discharge to the public sewer, including, but not limited to, the general conditions, specific conditions, local limits, and National Categorical Pretreatment Standards in Subsections (a)(1), (a)(2), (a)(3), and (a)(4) of § 38-102.

(4)

Control, through permit, order or similar means, the contribution to the POTW by each user to ensure compliance with applicable pretreatment standards or requirements.

(5)

Limit the average and maximum wastewater constituents and characteristics, the average and maximum rate of discharge, and the time of discharge, or make requirements for flow regulations and equalization.

(6)

Require the installation and maintenance of inspection and sampling facilities.

(7)

Establish specifications for monitoring programs that may include sampling locations, frequency of sampling, number, types and standards for analytical tests, and reporting schedule.

(8)

Establish compliance schedules.

(9)

Require submission of discharge monitoring reports, compliance reports, schedule status reports, and other technical reports in accordance with pretreatment standards and requirements or deemed appropriate to meet the objectives of this article.

(10)

Require the maintaining, retaining, furnishing, affording City access to, and allowing copying of plant records relating to wastewater discharge to the POTW.

(11)

Require prompt notification of the City in advance of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(12)

Require immediate notification of all discharges that could cause problems to the POTW, including slug discharges.

(13)

Require waste treatment facilities, process facilities, waste streams, or other potential waste problems to be placed under the specific supervision and control of persons who have been certified by an appropriate state agency as properly qualified to supervise such facilities.

(14)

Require the maintaining, retaining, furnishing, affording City access to, and allowing copying of plant records relating to the final disposal of specific liquids, solids, sludges, oils, radioactive materials, solvents or other wastes.

(15)

Convert concentration-based National Categorical Pretreatment Standards to equivalent mass-based or production-based pretreatment requirements.

(16)

Adjust categorical pretreatment standards to reflect the presence of pollutants in a user's intake water pursuant to 40 CFR 403.15.

(17)

Develop BMPs to support objectives of this article, which shall be considered enforceable pretreatment standards and requirements.

(18)

Impose mass limitations or limits based on production rates for users that are using dilution to meet applicable pretreatment requirements, or for other cases in which the imposition of mass limitations or limits based on production rates is considered by the City to be appropriate.

(19)

Require payment to cover the added cast of handling and treating the wastes (compatible pollutants only).

(20)

Require other conditions as deemed appropriate by the City to ensure compliance with this article and the objectives of the industrial pretreatment program.

(b)

The City Manager, in all cases, shall require payment to cover any additional cost the City may incur in connection with the inspecting, sampling, testing, handling and treating of the wastes not covered by the existing sewer charges.

(c)

No user shall ever increase the use of process water, or in any way attempt to purposely dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a concentration limit, unless expressly authorized by the corresponding pretreatment standard or requirement. The City may impose mass limits on any user who is using dilution to meet a concentration limit, or in any other case where the imposition of mass limitations is deemed appropriate.

(d)

Recordkeeping.

(1)

All users subject to this article shall retain and preserve for no less than three years all documents, including records, books, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling and chemical analyses made by or in behalf of the user in connection with its discharge. These records shall include the following for all samples:

Date, location, method and time of sampling as well as names of persons taking the samples.

Dates analyses were performed.

Identification of the analyst or commercial laboratory who performed the analyses.

Analytical techniques and/or methods used.

Results of such analyses.

(2)

All documents that pertain to matters that are the subject of an administrative order or any other enforcement activities of the City shall be retained and preserved by the user until all associated activities have concluded and all associated appeal periods have expired.

(e)

Reporting.

(1)

Baseline monitoring report - categorical.

Within 180 days after promulgation or revision of a National Categorical Pretreatment Standard, all existing affected industrial users must submit to the City a baseline monitoring report containing the information specified by this subsection for each process regulated by such pretreatment standard.

At least 90 days prior to commencement of discharge, new sources and existing sources that become affected industrial users subsequent to the promulgation of an applicable National Categorical Pretreatment Standard shall submit to the City a baseline monitoring report containing the information specified by this subsection for each process regulated by such pretreatment standard. For new sources, this submittal shall also include estimates of the anticipated flow, estimates of the quality and quantity of pollutants to be discharged, and information on the method of pretreatment intended to be used to meet the applicable pretreatment standard.

All baseline monitoring reports shall include the following information:

Identifying information, including name and address of the facility and name of the owner or operator.

A list of any environmental control permits held by or for the facility.

A brief description of the nature, average rate of production, and SIC and NAICS classifications of operations carried out at the facility. This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

Information on measured average daily and maximum daily flows to the POTW from regulated process streams, and other streams as necessary to enable use of the combined waste stream formula of 40 CFR Part 403.6(e).

All pretreatment standards and requirements applicable to regulated processes and/or to the discharge to the POTW.

Results of sampling and analysis identifying the nature of associated pollutants in the discharge from regulated processes and/or the discharge to the POTW. Samples shall be representative of daily operations and shall be collected and analyzed in accordance with procedures of this article and 40 CFR Part 403.12(b)(5)(iii) and (iv).

A statement indicating whether applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional O&M and/or additional pretreatment will be provided to achieve compliance. If additional pretreatment and/or O&M are required, the report shall also include a compliance schedule, in accordance with 40 CFR Part 403.12(c), by which the user will complete such actions in the shortest time possible. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

Signed certification statement pursuant to Subsection (e)(7) herein.

Any changes in information submitted pursuant to this subsection shall be reported to the City within 60 days of becoming aware of the change.

(2)

Ninety-day compliance status report - categorical.

Within 90 days following the required date for final compliance for an existing user, or following commencement of the introduction of wastewater into the POTW for a new source, any user subject to a National Categorical Pretreatment Standard shall submit to the City a report on the compliance status of each process regulated by such pretreatment standard. This ninety-day compliance status report shall indicate the average and maximum daily flow, as well as the nature and concentration of all pollutants that are limited by all applicable pretreatment standards and requirements.

For users subject to categorical pretreatment standards expressed in units per rate of production, the ninety-day compliance status report shall include the actual production rate of the regulated process during the sampling period and a reasonable estimate of the expected long-term average production rate.

The ninety-day compliance status report shall clearly state whether all applicable pretreatment standards and requirements are being met on a consistent basis.

All ninety-day compliance status reports shall include a signed certification statement pursuant to Subsection(e)(7) herein.

(3)

Periodic self-monitoring report.

During the months of June and December, or at other times if so directed by the City, all significant industrial users shall submit periodic self-monitoring reports to the City. This report shall indicate the nature and concentration of pollutants in the discharge that are limited by pretreatment standards and requirements, as well as the measured or estimated average and maximum daily flows for the reporting period.

All wastewater sample results included in the periodic self-monitoring report must be representative of the user's discharge. It shall be the user's responsibility to properly operate, keep clean and maintain in good working order all wastewater monitoring and flow measurement facilities at all times. The failure of a user to keep its monitoring facility in good working order will not be acceptable grounds for claims that sample results are unrepresentative of its discharge.

A user shall include in the periodic self-monitoring report results of any pollutant that is monitored more frequently than required by the City, provided the procedures prescribed in the user's wastewater discharge permit or this article have been used.

All periodic self-monitoring reports shall include a signed certification statement pursuant to Subsection(e)(7) herein.

(4)

Notification of changed discharge. Each user must notify the City of any planned significant changes to the user's operations or system that might alter the nature, quality or volume of its wastewater at least 90 days before the change if possible; if not possible, the notification shall be made to the City as soon as the planned change becomes known. The City may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including submission of a wastewater discharge permit application in accordance with Subsection (b) of § 38-95. The City may issue a new wastewater discharge permit or modify an existing wastewater discharge permit in response to changed or anticipated changed conditions. For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and discharge of any previously unreported pollutants. All notification of changed discharge reports shall include a signed certification statement pursuant to Subsection (e)(7) herein.

(5)

Notification of potential problems.

In the case of any nonroutine discharge that exceeds applicable pretreatment standards and requirements, including, but not limited to, slug loadings, accidental discharges, discharges resulting from upsets or unanticipated bypasses, discharges of an episodic nature and noncustomary batch discharges, the user shall submit the following information to the City verbally within 24 hours of becoming aware of an upset or unintentional bypass, and provide a written submission within five calendar days thereafter containing the following:

A description of the discharge, including the location of discharge, type of waste, concentration and volume, if known.

The period of discharge, including exact dates and times or, if not corrected, the anticipated time the discharge is expected to continue.

Corrective actions being taken to reduce, eliminate and prevent recurrence of the discharge.

All notification of potential problems shall include a signed certification statement pursuant to Subsection (e)(7) herein. The City may waive the written report on a case-by-case basis if the verbal report has been received within the required time period.

(6)

Limit exceedance notification/repeat sampling report. If sampling performed by any user indicates noncompliance with any pretreatment standard or requirement, the user shall notify the City verbally within 24 hours of becoming aware of the violation. A user shall then repeat the sampling and analysis, except if the City conducts monitoring at the facility between the user's initial sampling and when results of this sampling are received. The user shall submit results of the repeat analysis, in writing, to the City within 30 days of becoming aware of the violation. All repeat sampling reports shall include a signed certification statement pursuant to Subsection (e)(7) herein.

(7)

Signatory requirements.

All written reports submitted pursuant to this section shall be signed by an authorized representative of the industrial user and include the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

If an authorized representative of an industrial user changes because a different individual has responsibility for the overall operation of the facility or for environmental matters of the company, a new authorization satisfying the requirements of § 38-86(b) must be submitted to the City prior to or together with any reports signed by that representative.

(f)

Upsets.

(1)

Users shall control production of all discharges to the extent necessary to maintain compliance with pretreatment standards and requirements upon reduction, loss or failure of its treatment facility until such facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

(2)

An upset shall 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.

(3)

An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards and requirements only if the requirements of Subsection (f)(4) of this section have been met.

(4)

A user who desires to establish the affirmative defense of upset shall demonstrate, through operating logs or other relevant evidence, that:

An upset occurred, and the cause(s) of the upset can be identified.

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable O&M procedures.

The user provided the City with a report of potential problems pursuant to Subsection (e)(5) of § 38-107.

(5)

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(6)

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.

(g)

Bypasses.

(1)

A user may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation. Such bypasses are not subject to the requirements of Subsection (g)(2) and (3) of this section.

(2)

Except as provided in Subsection (g)(3) of this section, bypass is prohibited and the City may take an enforcement action against a user for a bypass unless:

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage. For the purposes of this section, "severe property damage" means substantial physical damage to property, damage to the user's treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance.

The user provided the City with a report of potential problems pursuant to Subsection (e)(5) of § 38-107.

(3)

If a user knows in advance of the need for a bypass, it shall submit prior notice to the City at least 10 days before the date of the bypass if possible; if not possible, the prior notification shall be made to the City as soon as the need for a bypass becomes known. The City may approve an anticipated bypass, after considering its adverse effects, if it is determined that the three conditions listed in Subsection (g)(2) of this section would be met.

§ 38-108 Maintenance of facilities.

[Res. No. 2008-01, 1-29-2008]

(a)

When the pretreatment or equalization of sewage flows is permitted, the design and installation of the plants and equipment shall be subject to the review and approval of the City Manager and subject to the requirements of all applicable codes, ordinances and laws. The review of such plans and operating procedures by the City shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this article.

(b)

Where treatment or flow-equalizing facilities are provided for waters or wastes, they shall be maintained continuously in a satisfactory and effective operation by the owner at his expense.

§ 38-109 Control manholes.

[Res. No. 2008-01, 1-29-2008]

When required by the City or the MDEQ, the owner of property served by a building sewer carrying industrial wastes shall install a suitable control manhole together with any necessary meters, samplers, and other appurtenances in the building sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with all applicable local construction standards and with plans approved by the City. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. The review of control manhole construction plans by the City shall in no way relieve the user from the responsibility of maintaining and/or improving such facilities as necessary to properly observe, sample, and measure discharged wastes.

§ 38-110 Measurements and tests.

[Res. No. 2008-01, 1-29-2008]

All measurements, tests and analyses of the characteristics of waters and wastes as set forth in this article shall be determined in accordance with the Standard Methods for Examination of Water and Sewage and shall be determined at the control manhole as provided in § 88-109, or upon suitable samples taken at the control manhole. If 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.

§ 38-111 Agreements.

[Res. No. 2008-01, 1-29-2008; amended 5-15-2012; 9-6-2016 by Ord. No. 2016-02]

(a)

Nothing in this article shall be construed as preventing the City from assigning, except for mercury, mass-based local limits to a permitted SIU in lieu of the concentration-based local limits of § 38-102(a)(3)b. Each mass limit will be calculated from the corresponding concentration limit and the flow allocated to that permitted SIU.

(b)

Confidential information. Confidentiality shall be subject to the following provisions:

(1)

All information and data submitted by a user to the City pursuant to this article are presumed not to be confidential.

(2)

Information and data submitted by a user to the City pursuant to this article, and which the user claims to be held confidential, shall be clearly marked on each page as to the portion or portions considered to be confidential and accompanied by a written explanation why the information is considered confidential. Simply marking a page "confidential" will impose no confidentiality obligation on the City. Such information and data must meet the trade secret criteria under Michigan Rule 323.2314 to be treated as confidential by the City.

(3)

Observations made by City inspections of a user's facility are subject to the confidentiality provisions of this section if the user specifies to the City inspector, in writing at the time of inspection, which observations the user seeks to be confidential.

(4)

The following shall be available to the EPA, state agencies and the public without restriction:

Information and data on the volume of wastewater or characteristics of pollutants discharged, or proposed to be discharged, as submitted by a user to the City.

Information and data on the volume of wastewater or characteristics of pollutants discharged as collected on a user by the City.

Information and data on flow rates where application of the combined waste stream formula is necessary to apply categorical pretreatment standards to a user.

Information and data on production rates, where necessary to determine compliance with a categorical pretreatment standard, as submitted by a user to the City.

(5)

Information that is claimed by the user to be confidential and clearly marked as such, and determined by the City to be a trade secret pursuant to Michigan Rule 323.2314, shall not be made available to the public except as required by the Michigan Freedom of Information Act, Act 442 of 1976, as amended (FOIA). Any user who has requested and is entitled to confidentiality will be prenotified by the City Manager when the City has been requested to provide any portion of such confidential information to the public. This prenotification will include whether the City intends to release, or not to release, such confidential information to the requestor.

(6)

Information that is claimed by the user to be confidential and clearly marked as such, and determined by the City to be a trade secret pursuant to Michigan Rule 323.2314, will be available to the EPA and state agencies upon written request for demonstrating compliance with this article, the City's NPDES permit, or the City's pretreatment program. Any user who has requested and is entitled to confidentiality will be notified by the City Manager when the City has been requested to provide, and has released, any portion of such confidential information to the EPA or a state agency.

(7)

All information, including that which discloses trade secrets or secret processes, shall be available to the City, EPA and state agencies for any enforcement proceedings involving the user furnishing such information.

(8)

This section shall be interpreted in a manner that complies with FOIA.

(c)

Wastes from other jurisdictions.

(1)

If another municipality, or a user located within another municipality, contributes wastewater to the POTW, the City shall enter into an interjurisdictional agreement with the contributing municipality. Prior to entering into this agreement, the City shall request the following information from the contributing municipality:

Description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.

Inventory of all users located within the contributing municipality that are discharging to the POTW.

Other information as the City may deem necessary.

(2)

The interjurisdictional agreement pursuant to Subsection (c)(1) herein shall include, but not be limited to, the following conditions:

A requirement that the contributing municipality adopt a sewer use ordinance that is at least as stringent as this article, including local limits that are at least as stringent as those set out in § 38-102(a)(3) herein, and that such ordinance and limits must be revised as necessary to reflect any changes made by the City to this article.

A requirement that the contributing municipality submit a revised user inventory on at least an annual basis.

A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality, which of these activities will be conducted by the City, and which of these activities will be conducted jointly by the contributing municipality and the City.

A requirement that the contributing municipality provide the City with access to all information that the contributing municipality obtains as part of its pretreatment activities.

Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.

Requirements for monitoring the contributing municipality's discharge.

A provision ensuring the City's access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the City.

In cases where the contributing municipality has primary responsibility for permitting, compliance monitoring or enforcement, a provision that the City has the right to take legal action to enforce the terms of the contributing municipality's ordinance or to impose and enforce pretreatment standards and requirements directly against a noncompliant user in the event the contributing municipality is unable or unwilling to take such action.

A provision specifying remedies available for breach of the terms of the interjurisdictional agreement.

§ 38-112 Protection from damage.

[Res. No. 2008-01, 1-29-2008]

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 sewage system or treatment plant.

§ 38-113 Rates, charges and fees.

[Res. No. 2008-01, 1-29-2008]

(a)

All rates, fees and charges required by this article shall be amended through resolution of the City Council and shall be considered due as of the date billed and delinquent one month after the billing date.

(b)

Charges for service connections on streets shall be based on a flat fee relative to the service size required. Charges for service connections may be revised when deemed necessary by the City Manager, subject to approval by the City Council.

(c)

A penalty, as established by resolution of the City Council, shall be applied to delinquent bills one month following the billing date. Services with unpaid balances two months following the billing date will be subject to discontinuance; except, where a utility service changes name due to a user moving, all rates, fees and charges accumulated to date shall be considered due immediately, and discontinuance of service to the unit will remain until all fees are paid.

(d)

The City Council may make such rules and regulations governing the operation of the sewer system, rates, etc., as it shall deem necessary. Such rules and regulations shall have the same force and effect as ordinances.

(e)

The City Council may adopt fees for significant industrial users of the POTW to administrate the industrial pretreatment program. Such fees shall be considered separate from all other fees, fines, and penalties chargeable by the City. The basis for these fees may include, but not be limited to, the following:

(1)

Reimbursement of expenses for developing the pretreatment program;

(2)

Reviewing wastewater discharge permit applications, issuing permits, and transferring permits;

(3)

Conducting inspection and surveillance activities, including incurred costs of sampling/analyzing a user's discharge and reviewing monitoring reports submitted by users;

(4)

Reviewing and responding to accidental discharges;

(5)

Reviewing construction documents;

(6)

Responding to appeals; and

(7)

Other fees as the City may deem necessary to carry out the requirements contained in this article.

(f)

The City Council may adopt extra-strength surcharges applicable to users who discharge compatible pollutants in excess of normal domestic sewage quality. Such discharges shall still be subject to the local limits of § 38-102(a)(3). For purposes of this article, "normal domestic sewage quality" will mean the following daily average concentrations:

Pollutant	Sample Type	Daily Average Concentration
5-day BOD	Composite sample	200 mg/L
Total suspended solids	Composite sample	200 mg/L
Ammonia nitrogen	Composite sample	24 mg/L
Total phosphorus	Composite sample	3.0 mg/L
Polar (food-grade) oil and grease	Grab sample	36 mg/L

§ 38-114 Collections.

[Res. No. 2008-01, 1-29-2008]

(a)

In addition to other remedies possessed by the City for the collection of sewer rates, assessments, charges or rentals for the use of the sewer by any house, building, premises, lot or parcel of land, the City shall have, as security for the collection of such rates, a lien upon such house, building, premises, lot or parcel of land to which such service has been supplied. Such lien shall become effective immediately upon the connection of sewer services to the premises or property, and the official record of the City Clerk's office shall constitute notice of the pendency of such lien. The lien shall have priority over all other liens, except taxes and special assessments, whether or not such liens accrued or were recorded prior to the lien created by this section.

(b)

_____

(1)

All unpaid sewer charges which, upon April 1 of each year, have remained unpaid for three months or more shall be reported by the City Clerk to the City Council at the first meeting of the City Council in the month of April. The City Council shall order the publication in a newspaper published in the City of notice to all owners of property within the City that all unpaid sewer charges, rates or fees which have remained unpaid for a period of three months or more, as of April 1, which have not been paid by the following April 30, will be transferred to the tax roll and assessed upon the City's tax roll against the property upon which the sewer service was used, to be collected in the same manner as the lien created by City taxes on the tax roll.

(2)

All unpaid sewer rates, charges or fees which are reported by the City Clerk to the City Council as having been unpaid for a period of three months or more on April 1 of each year and which remain unpaid on the following April 30 may be transferred to the City's tax roll and assessed against the property to which the sewer service was supplied or furnished, and such unpaid rates, charges or fees accrued shall be collected with and in the same manner as City taxes are collected; and if such unpaid rates, charges or fees shall remain delinquent and unpaid after the expiration of the time limit in the warrant for the collection of taxes levied in such roll, such charges shall be returned to the County Treasurer to be collected in the same manner as the lien created by the City taxes on the delinquent tax roll of the City.

(c)

The provisions of this section shall not apply where a lease has been legally executed containing a provision that the lessor shall not be liable for payment of sewer bills accruing subsequent to the filing of such lease with the City Clerk's office, and 20 days' notice shall be given by the lessor of any cancellation, change in or termination of the lease.

(d)

In addition to other remedies provided in this section, the City shall have the right to discontinue sewer services to any premises for the nonpayment of sewer rates when due, in accordance with the steps and procedures outlined in § 38-114(c). This right to discontinue sewer services shall extend to entire multifamily dwellings if each family unit within the multifamily dwelling does not have a separate sewer connection, or if the separate connections for individual units are not readily accessible to City employees.

§ 38-115 Inspectors.

[Res. No. 2008-01, 1-29-2008]

(a)

The City Manager and other duly authorized officials or employees of the City and agents of the local health agency, the MDEQ, and the EPA, bearing proper credentials and identification, shall be permitted to enter upon all properties within the City for the purpose of inspection, observation, measurement, sampling and testing, and copying applicable records in accordance with the provisions of this article, at any time during reasonable or usual business hours. Any person found guilty of refusing or obstructing such entry shall be guilty of a violation of this article.

(b)

If the City Manager, other duly authorized officials or employees of the City, or agents of the local health agency, the MDEQ, and the EPA, have been refused access to any property within the City and are able to demonstrate probable cause to believe that there may be a violation of this article, that there is a need to inspect or sample as part of the City's inspection and sampling program to verify compliance with this article or any permit or order issued hereunder, or that there is a threat to overall public health, safety and welfare of the community, then the City Manager may seek issuance of a search warrant from the Circuit Court of Gratiot County.

§ 38-116 Service abandonment determination.

[Res. No. 2008-01, 1-29-2008]

The City reserves the right to take appropriate measures to abandon services to an existing property if such property is left vacant for over a period of 12 months, unless there is written communication between the City and the interested party of the party's intentions on such premises.

§ 38-117 Enforcement provisions.

[Res. No. 2008-01, 1-29-2008; amended 9-6-2016 by Ord. No. 2016-02]

(a)

Administrative remedies.

(1)

The City may suspend wastewater treatment services to any user when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge that presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes or may cause pass-through or interference to the POTW, or causes or may cause the POTW to violate any condition of its NPDES permit. The City may also suspend, revoke or terminate the wastewater discharge permit of any user that:

Fails to accurately report the wastewater constituents and characteristics of its discharge;

Fails to report significant changes in wastewater constituents or characteristics;

Refuses reasonable access to the user's premises by representatives of the City for the purpose of inspection or surveillance; or

Violates any conditions of its wastewater discharge permit, this article, or administrative order issued hereunder.

(2)

Affirmative defense.

In addition to affirmative defenses associated with upsets pursuant to § 38-107(f) and with bypasses pursuant to § 38-107(g), a user shall have an affirmative defense in any action alleging that it discharged a pollutant to the POTW causing interference, pass-through or a violation of this article if it can be demonstrated that both of the following occurred:

It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through, interference or a violation this article.

A local limit was in effect for the pollutant that caused pass-through or interference, and the user was in compliance with this local limit directly before and during the pass-through or interference; or a local limit was not in effect for the pollutant that caused the pass-through or interference, and the user's discharge directly before and during the pass-through or interference did not change substantially in nature or constituents from the prior discharge activity.

Users shall not have an affirmative defense for trucked or hauled pollutants; pollutants that create a fire or explosion hazard in the POTW; pollutants that cause corrosive structural damage to the POTW; or pollutants that result in toxic gases, vapors or fumes within the POTW in a quantity that cause acute worker health or safety problems.

(3)

Administrative notices and orders.

Notice of violation. When it is determined that a user has violated any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement, the City may issue a notice of violation to formally document the noncompliance. This document will specify the nature of the violation, establish a date by which the violation shall be corrected, and notify the affected user that failure to correct the violation would constitute a further violation that may result in additional enforcement action. The notice of violation will be sent via first-class mail or personally served on an authorized representative of the industrial user. Receipt, or nonreceipt, of a notice of violation shall in no way relieve the affected user of any and all liability associated with the violation. Issuance of a notice of violation will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Order to show cause. When it is determined that a user has violated any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement, the City may issue an administrative order to show cause to require the affected user to appear at a hearing to demonstrate why escalated enforcement action should not be pursued. This document will specify the nature of the violation, establish the time and place for the hearing, and notify the affected user that failure to comply would constitute a further violation of this article that may result in additional enforcement action. The order to show cause will be issued at least 10 days prior to the hearing and will be sent via certified mail/return receipt requested or personally served on an authorized representative of the industrial user. Receipt, or nonreceipt, of an order to show cause shall in no way relieve the affected user of any liability associated with the violation. Issuance of an order to show cause or conducting of the show-cause hearing will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Order of consent. When the City and an affected user agree to a violation and to the remedial solution, the City may issue an order of consent to formally establish such agreement. The order of consent will specify the nature of the violation and required actions, such as compliance schedules, stipulated fines, additional self-monitoring, and improvements to treatment facilities or management practices designed to control the user's discharge to the sewer. The order of consent will be sent via certified mail/return receipt requested or personally served on an authorized representative of the industrial user and will require signatures of representatives from both the City and the affected user. The order of consent shall have the same force and effect as other administrative orders issued by the City pursuant to this article, shall be judicially enforceable, and shall not modify the requirements or extend the deadline for compliance established by a pretreatment standard or requirement. Receipt, or nonreceipt, of an order of consent shall in no way relieve the affected user of any liability associated with the violation. Issuance of an order of consent will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Order to achieve compliance. When the City and affected user do not agree to the violation or to the remedial solution, the City may issue an order to achieve compliance. The order to achieve compliance will specify the nature of the violation and establish required actions, such as compliance schedules, stipulated fines, additional self-monitoring, and improvements to treatment facilities or management practices designed to control the user's discharge to the sewer. The order to achieve compliance will be issued unilaterally in that terms need not be agreed to by the affected user, and will be sent via certified mail/return receipt requested or personally served on an authorized representative of the industrial user. The order to achieve compliance shall have the same force and effect as other administrative orders issued by the City pursuant to this article, shall be judicially enforceable, and shall not modify the requirements or extend the deadline for compliance established by a pretreatment standard or requirement. Receipt, or nonreceipt, of an order to achieve compliance shall in no way relieve the affected user of any liability associated with the violation. Issuance of an order to achieve compliance will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Cease-and-desist order. When it is determined that a user has violated and continues to violate any provision of its wastewater discharge permit, this article, an administrative order issued hereunder or another pretreatment standard or requirement, the City may issue a cease-and-desist order requiring the affected user to eliminate the violation within 24 hours or face suspension of sewer service. This document will specify the nature of the violation and require that the violation cease. If the violation has not been corrected within the ordered time period, the City may suspend sewer service without further notice until such time as the affected user is able to demonstrate that it can comply with discharge standards and requirements. The cease-and-desist order will be personally served on an authorized representative of the industrial user. Receipt, or nonreceipt, of a cease-and-desist order shall in no way relieve the affected user of any liability associated with the violation. Issuance of a cease-and-desist order will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Emergency cease-and-desist order/suspension of service. Whenever it is determined that a user has violated any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement, and that the violation creates or threatens to create an emergency situation, including, but not limited to, pass-through or interference at the POTW, damage to the POTW, hazard to the environment, endangerment to the public health and safety, or violation of any condition of the City's NPDES permit, the City may issue an emergency cease-and-desist order. The emergency cease-and-desist order will specify the nature of the violation, notify the affected user to eliminate the violating discharge immediately or face service severance via a temporary plug in its sewer connection at any time and without further warning, require that the discharge not recommence until such time as the affected user is able to demonstrate that it can comply with the discharge requirements, and notify the affected user of its liability for any costs incurred by the City to conduct this enforcement action. This document will also establish the time and place for a hearing where the affected user shall present a written statement regarding the causes of the violation and measures taken to prevent future occurrences. The emergency cease-and-desist order will be personally served to an authorized representative of the industrial user, or may be delivered verbally via telephone to an authorized representative of the industrial user and then served personally. Receipt, or nonreceipt, of an emergency cease-and-desist order shall in no way relieve the affected user of any liability associated with the violation. Issuance of an emergency cease-and-desist order will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Notice of termination. Except for emergency situations covered under Subsection (a)(3)f of this section, whenever it is determined that a user's continuing violation of any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement warrants revocation of its privilege to discharge to the POTW, the City may issue a notice of termination to warn of the impending suspension of the sewer service up to and including severance via temporary plug in the affected user's sewer connection. The notice of termination will specify the date and the time of scheduled service suspension in order to allow the affected user to either voluntarily cease the violating discharge or arrange appropriate actions, such as production shut-down or alternative means of wastewater disposal, and notify the affected user of its liability for any costs incurred by the City to conduct this enforcement action. This document will also establish the time and place for a hearing where the affected user shall present a written statement regarding the causes of the violation and measures taken to prevent future occurrences. The notice of termination shall be personally served on an authorized representative of the industrial user at least 10 days before the scheduled service suspension. Receipt, or nonreceipt, of a notice of termination shall in no way relieve the affected user of any liability associated with the violation. Issuance of a notice of termination will not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

Liable for fines, penalties and costs. In addition to the penalties prescribed herein, the affected user shall be liable for all fines, penalties and associated legal and other costs incurred by the City as the result of a violation of its NPDES discharge permit that is attributable, in whole or in part, to the user's violation of any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement.

(4)

Municipal civil infraction.

Except for violations subject to criminal prosecution under Subsection (b)(3) of this section, the City may issue a municipal civil infraction citation to a user who has violated or continues to violate any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement.

The City may include a municipal civil infraction fine in an amount up to $1,000 per violation. In determining the amount of a municipal civil infraction fine, the City may take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained by the affected user as a result of the violation, corrective actions implemented or proposed to be implemented by the affected user, and history of compliance or noncompliance by the affected user. Each day during which the violation occurred or continues to occur may be deemed a separate violation; and in the case of a violation of monthly or other long-term average discharge limit, each day during the period of averaging may be deemed a separate violation.

Receipt, or nonreceipt, of a municipal civil infraction citation shall in no way relieve the affected user of any liability associated with the violation.

Issuance of a municipal civil infraction citation shall not be a bar against, or a prerequisite for, any other enforcement actions by the City against the affected user.

(5)

Except for emergency situations covered under Subsection (a)(3)f, any user desiring to dispute a City-issued notice of violation or order, including, but not limited to, fines, may present a formal request for reconsideration. Such a request shall be submitted in writing to the City Council within 10 days of first being notified of the corresponding order for all but a notice of termination, where such a request shall be submitted within five days of notification. If this request has merit in the opinion of the City Council, the City Manager will convene a hearing on the matter as soon as possible to collect testimony of appropriate persons, take evidence, and render a final determination. In the event the affected user's request for reconsideration is unsuccessful, any original fine will become immediately due, and additional costs may be added to recover expenses incurred by the City to administer this request. Further appeal of the City Manager's final determination shall be governed by applicable state law. Submittal of a request for reconsideration shall in no way relieve the affected user of any and all liability associated with the violation. Submittal of a request for reconsideration will not stay the corresponding limit, notice of violation, order, fine or any other enforcement proceedings by the City against the affected user.

(b)

Judicial remedies.

(1)

Injunctive relief.

When it is determined that a user has violated or continues to violate any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement, the City may petition the Circuit Court of Gratiot County for appropriate legal and/or equitable relief.

A user who has violated or continues to violate any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement will be liable to issuance of a preliminary injunction or a permanent injunction, or both, as may be appropriate. This action will be sought to restrain or compel activities on the part of the affected user. A petition for injunctive relief shall in no way relieve the affected user of any liability associated with the violation. A petition for injunctive relief will not be a bar against, or a prerequisite for, any other actions by the City against the affected user.

(2)

Civil penalties.

A user who has violated or continues to violate any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement will be liable for a civil penalty of up to $1,000 per violation. Each day during which the violation occurred or continues to occur may be deemed a separate, distinct violation; and in the case of a violation of monthly or other long-term average discharge limit, each day during the period of averaging may be deemed a separate violation. The affected user shall also be liable for any and all costs incurred by the City for associated enforcement action such as reasonable attorneys' fees, court costs, additional sampling and monitoring expenses, costs of any environmental damage, any fines imposed upon the City for NPDES permit violations that result in whole or in part from the user's violation, as well as expenses associated with remediation of sites thereby contaminated. The City may petition the court to impose, assess, and recover sums up to this limit of liability.

In determining the appropriate amount of civil penalty to seek, the City may take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained by the affected user as a result of the violation, corrective actions implemented or proposed to be implemented by the affected user, and history of compliance or noncompliance by the affected user.

A suit for civil penalties will not be a bar against, or a prerequisite for, any other actions by the City against the affected user.

(3)

Criminal prosecution.

A user who has willfully or negligently violated or continues to willfully or negligently violate any provision of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement will be liable to criminal prosecution. If convicted, the affected user shall be guilty of a misdemeanor and may be punished by a monetary penalty of up to $500 per violation, imprisonment for up to six months, or both. Each day during which the violation occurred or continues to occur may be deemed a separate, distinct violation; and in the case of a violation of monthly or other long-term average discharge limit, each day during the period of averaging may be deemed a separate violation. Criminal prosecution shall not be a bar against, or a prerequisite for, any other actions by the City against the affected user.

Falsifying information. A user who knowingly makes any false statements, representations, or certifications in any application, report, record, plan or other document filed or required to be maintained pursuant to its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement shall be liable to criminal prosecution. If convicted, the affected user will be guilty of a misdemeanor and may be punished by a monetary penalty of up to $500 per violation, imprisonment for up to six months, or both. Each day during which the violation occurred or continues to occur may be deemed a separate, distinct violation; and in the case of a violation of monthly or other long-term average discharge limit, each day during the period of averaging may be deemed a separate violation.

Tampering. A user who falsifies, tampers with, or knowingly renders inaccurate any data device or test method used to monitor a discharge pursuant to its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement will be liable to criminal prosecution. If convicted, the affected user will be guilty of a misdemeanor and may be punished by a monetary penalty of up to $500 per violation, imprisonment for up to six months, or both. Each day during which the violation occurred or continues to occur may be deemed a separate, distinct violation; and in the case of a violation of monthly or other long-term average discharge limit, each day during the period of averaging may be deemed a separate violation.

§ 38-118 Annual publication of significant violators.

[Res. No. 2008-01, 1-29-2008; amended 9-6-2016 by Ord. No. 2016-02]

The City shall annually publish in a local newspaper a list of all categorical users, and may include noncategorical users at its discretion, that were in significant noncompliance with any condition of its wastewater discharge permit, this article, an administrative order issued hereunder, or another pretreatment standard or requirement at least once during the previous 12 months. The notification shall identify the nature of the violation and summarize any enforcement actions taken against such users during the same twelve-month period. The term "significant noncompliance" shall mean the following:

(a)

Chronic violation of wastewater discharge limit, defined here as when 66% or more of all the measurements for a pollutant parameter taken during a six-month period exceed by any magnitude the corresponding daily maximum limit or the corresponding average limit.

(b)

Technical review criteria violation of wastewater discharge limit, defined here as when 33% or more of all of the measurements for a pollutant parameter taken during a six-month period equal or exceed the product of the corresponding daily maximum limit multiplied by the applicable TRC factor, or the product of the corresponding average limit multiplied by the applicable TRC factor (TRC factor = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

(c)

Any other violation of a daily maximum limit or an average limit that the City determines has, alone or in combination with other discharges, caused interference or pass-through, including endangering the health of POTW personnel or the general public.

(d)

Any discharge of a pollutant that has caused imminent endangerment to human health, public welfare or the environment or has resulted in the POTW exercising its emergency authority to halt or prevent such a discharge.

(e)

Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a City-issued discharge permit or enforcement order for starting construction, completing construction or attaining final compliance.

(f)

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, compliance status reports, self-monitoring reports, limit exceedance notification/repeat sampling reports, and/or other required reports, such as status of compliance schedule.

(g)

Failure to accurately report noncompliance.

(h)

Any other violation or group of violations that the City determines as adversely affecting the objectives of this article or operation of the industrial pretreatment program.

§ 38-119 Validity; severability; conflict.

[Res. No. 2008-01, 1-29-2008]

(a)

The provisions of this article are severable; and if any of the provisions, words, phrases, clauses, or terms, or the application thereof to any person, firm, or corporation, or to any circumstances, shall be held invalid, illegal, or unconstitutional by any court of legal jurisdiction, such decisions or findings shall not in any way affect the validity, legality or constitutionality of any other provision, word, phrase, clause, or term, and they shall continue in full force and effect.

(b)

All laws, parts of laws, articles, codes, and regulations that are inconsistent with, in conflict with, or repugnant to any provisions of this article shall be deemed not to apply, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code, or regulation which is more restrictive or establishes a higher standard than those provided in this article.

§ 38-120 Limitations of sewer and water connections outside municipal boundaries.

[Added 6-17-2014].

(a)

City policy. The City of Ithaca has established a policy to not provide City services without standing agreements; water and sanitary sewer services shall be considered the same. City of Ithaca water and sanitary sewer services shall only be provided to property owners within its boundaries. Property owners outside the City requesting service shall be required to annex to the City or enter into a 425 agreement to access services.

(b)

Limitation on the obligation to provide service. There shall be a limit to the City's provision of sewer and/or water services. There are limits established by the Michigan Department of Environmental Quality that affect sewer treatment and water supply considerations that have bearing. City Council shall consider additional requests for City services on a case-by-case basis.

(c)

Existing water and sewer services outside the municipal boundaries. The City shall continue to provide water service to properties outside its boundaries located on St. Charles Road which began before the date of this section.