|
Subdivision I. In General
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[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The following abbreviations shall have the designated meanings:
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ASTM
|
American Society for Testing and Materials
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BOD
|
Biochemical oxygen demand
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CFR
|
Code of Federal Regulations
|
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COD
|
Chemical oxygen demand
|
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EPA
|
United States Environmental Protection Agency
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L
|
Liter
|
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mg
|
Milligrams
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mg/l
|
Milligrams per liter
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NIOSH
|
National Institute for Occupational Safety and Health
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NPDES
|
National Pollutant Discharge Elimination System
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POTW
|
Publicly owned treatment works
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SIC
|
Standard Industrial Classification
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SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
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TSS
|
Total suspended solids
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USC
|
United States Code
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WEF
|
Water Environment Federation
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[Ord. No. SU-1, 8-5-1982; Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
For the purpose of their use in this article, the following
terms and phrases are hereinafter defined. Any word or phrase not
defined herein shall be considered to be defined in accordance with
its common or standard definition.
The general pretreatment regulations outlined at 40 Code
of Federal Regulations Part 403.
The Michigan Public Health Code (Act 368 of 1978, as amended),
currently MCL 333.1101 to 333.25211.
The Federal Water Pollution Control Act, as amended by the
Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. § 1251
et seq.
The committee established pursuant to the contract.
In the case of a corporation, a president, secretary, treasurer
or vice president of the corporation in charge of a principal business
function;
In the case of a partnership or proprietorship, a general partner
or proprietor; and
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 34-268 of this chapter. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C. (without addition of nitrification inhibitors).
The sum of the concentration of benzene, toluene, ethylbenzene
and xylene.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer.
The extension of the building drain which begins five feet
outside the inner face of the building wall and continues to the sanitary
sewer or other place of disposal.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility as outlined in 40
CFR 403.17.
An underground pit into which household sewage or other untreated
liquid waste is discharged and from which the liquid seeps into the
surrounding soil or is otherwise removed.
The amount of oxygen required to chemically oxidize organic
and inorganic constituents of wastewater as measured under standard
laboratory procedures.
The ratio of COD to BOD in the plant influent calculated
using the average COD and BOD data as found on the state plant influent
sheet.
The wastestream at industrial facilities where effluent from
one regulated process is mixed, prior to treatment, with wastewaters
other than those generated by that regulated process. Where required
by federal or state law, the combined wastestream formula provided
in 40 CFR 403 will apply to limits applicable to a combined wastestream.
A series of representative samples taken over a specific
time period which are then combined into one sample for testing purposes.
The 2017 Restated Holland Area Wastewater Treatment Facilities
Operation Contract with an effective date of July 1, 2017, or any
subsequent amendment thereto.
The Township of Park, acting through its authorized representatives,
or its designee.
The maximum concentration of a pollutant in any individual
sample during that day.
The minimum concentration of a pollutant in any individual
sample during that day.
The charge levied to users for retirement of bonded indebtedness
for the POTW.
A mixture of mercury and other metals used as a dental restorative
material.
Includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
All users of the POTW where the discharge into the system
is primarily domestic waste.
A water-carried waste from, but not limited to, toilet, kitchen,
laundry, bathing, or other facilities used for household purposes.
The Michigan Department of Environment, Great Lakes, and
Energy, or any successor governmental agency having similar regulatory
jurisdiction.
The General Manager of the Holland Board of Public Works,
or an authorized deputy, agent, or representative, unless stated differently
in this section.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and
sale of produce.
The Holland Board of Public Works of the City of Holland,
or its authorized deputy, agent, or representative.
The Ottawa County Health Department or any successor governmental
agency having similar regulatory jurisdiction.
Those processes which generate the types of wastes as enumerated in Section 34-268.
Any person who introduces pollutants into a POTW from any
nondomestic source regulated under the Act, state law, or local ordinance.
The liquid or liquidborne wastes from industrial or manufacturing
processes, trade or business as distinct from domestic waste.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A device, including, but not limited to, grease traps, sand
traps, oil separators, etc., designed and installed so as to separate
and retain deleterious, hazardous, or undesirable matter from normal
wastes and permit normal sewage or wastewater to discharge into the
disposal terminal by gravity. In case of acid or caustic wastes, an
interceptor is a device in which the wastes are neutralized prior
to their discharge into the solid or waste system of the premises,
the building drain, the building sewer, private sewer, or public sewer.
Any discharge which, alone or in conjunction with a discharge
from other sources, both:
Inhibits or disrupts the POTW and any of its process or operations,
or its sludge use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit, including an increase in the magnitude or
duration of a violation, or of the prevention of sewage sludge use
or disposal.
The Michigan Department of Public Health or any successor
governmental agency having similar regulatory jurisdiction.
The compilation of all adopted rules and regulations that
are in effect in the State of Michigan.
A nondomestic user designated as such by the control authority,
which the control authority has determined does not meet the definition
of a "significant industrial user." The control authority may issue
a minor industrial user a wastewater discharge permit and require
the user to conduct periodic monitoring and reporting, as it deems
appropriate.
The sum of the concentrations of the subject pollutant in
all of the individual samples divided by the number of samples analyzed
for that pollutant during a calendar month. If the pollutant concentration
in any sample is less than the limit of detection, regard that value
as zero when calculating monthly average concentration.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1317(b) and (c), which applies to a specific category
of industrial users.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act[1] which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided
that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that caused the discharge of pollutants
at an existing source;
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing facility, and the
extent to which the new facility is engaged in the same general type
of activity as the existing source should be considered; or
As defined in 40 CFR 403.3(m)(2) and (m)(3).
Any user, including significant industrial users, of the
POTW that discharges wastes other than or in addition to water-carried
domestic wastes.
All water-carried wastes other than domestic wastes.
A permit issued pursuant to Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342).
Any condition or circumstance defined as a nuisance pursuant
to Michigan Statute, at common law or in equity jurisprudence which
includes, but is not limited to, any condition where sewage, industrial
waste, or the effluent from any sewage disposal facility or toilet
device is exposed to the surface of the ground or is permitted to
drain on or to the surface of the ground into any ditch, storm sewer,
lake or streams, or when the odor, appearance, or presence of this
material has an obnoxious or detrimental effect on or to the senses
or health of persons, or when it shall obstruct the comfortable use
or sale of adjacent property, except as otherwise permitted.
All work and activities, including, but not limited to, engineering,
contract preparation, purchasing, repair, supervision, recruitment,
training, expediting, inspection, accounting, testing, protection,
operating management, and maintenance necessary to provide adequate
wastewater treatment and/or collection and/or disposal of treatment
residues on a continuing basis to conform with all applicable federal,
state, and local wastewater management requirements and to ensure
optimum long-term management of the complete wastewater treatment
system.
A discharge which exits the POTW into waters of the state
in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, causes a violation of
any requirement of the POTW's NPDES permit (including an increase
in the magnitude or duration of a violation).
Any individual, partnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity
or any other legal entity, or their legal representatives, agent or
assigns.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
The Holland Area Water Reclamation Facility, as improved
and enlarged, pursuant to the contract dated February 1, 1978, between
Ottawa County, Park Township, Holland Township, and Holland City;
a contract dated as of June 13, 1978, between Allegan County, Fillmore
Township, Laketown Township, and Holland City; a contract dated as
of June 1, 1994, between Ottawa County, Holland City, Holland Township,
Park Township, Laketown Township, Fillmore Township, and Zeeland Township;
the First Amendment to the Restated Holland Area Wastewater Treatment
Facilities Operations Contract dated as of December 23, 2014, between
Ottawa County, Holland City, Holland Township, Park Township, Laketown
Township, Fillmore Township, and Zeeland Township; and the 2017 Restated
Holland Area Wastewater Facilities Operations Contract, or as subsequently
expanded or enlarged.
Any discernible confined and discrete conveyance or vessel
from which pollutants are or may be discharged into a public waterway
or public sewer system.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, commercial, and agricultural
waste or any other contaminant.
The reduction, elimination, or alteration of pollutant properties
to a less harmful state prior to or in lieu of discharge or introduction
into a POTW. This can be accomplished by physical, chemical or biological
processes, process changes, or other means, except as prohibited by
40 CFR 403.6(d).
Any local, state or federal regulation containing pollutant
discharge limits. The term "pretreatment standard" or "standard" includes
local limits, prohibitive discharge limits, including those promulgated
under 40 CFR 403.5, and categorical pretreatment standards.
A sewer which is owned and/or controlled by any governmental
entity which is a participant in the plant.
The treatment works as defined by Section 212 of the Act,[2] including any devices and systems used in the monitoring,
testing, storage, treatment, recycling, and reclamation of municipal
sewage and industrial waste which are connected to or part of the
Holland Area Water Reclamation Facility. The systems include sewers,
pipes, and equipment used to convey wastewater to the treatment facility.
The term "publicly owned treatment works" also includes the municipality
as defined in Section 502(4) of the Act[3] which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works.
Two or more consecutive monitoring periods evidencing violations
or a pattern of noncompliance.
Those expenditures for obtaining and installing equipment,
accessories, or appurtenances which are necessary during the service
life of the treatment works to maintain the capacity and performance
for which such works are designed and constructed.
All noncommercial premises used only for human residency
and which are connected to the POTW.
A sewer which carries sewage and to which stormwaters, surface
waters, and groundwaters are not intentionally admitted.
A cistern or underground enclosure constructed of concrete
blocks, bricks, or similar material loosely laid with open joints
so as to allow the septic tank overflow or effluent to be absorbed
directly into the surrounding soil.
A watertight receptacle receiving sewage and having an inlet
and outlet so designed to permit the separation of suspended solids
from wastes and to permit such retained solids to undergo decomposition
therein.
Substantial physical damage or property damage to the POTW
which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
The water-carried wastes from residences, business buildings,
industrial establishments and/or other premises together with such
infiltration as may be present.
A privy, cesspool, seepage pit, septic tank, subsurface disposal
system, or other devices, used in the disposal of sewage or human
excreta, except treatment facilities covered by an NPDES permit.
A pipe or conduit for carrying sewage.
Except as provided in Subsection (2) of this definition, the term "significant industrial user" means:
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and
Any other industrial user that: discharges an average of 25,000
gallons per day or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewater); contributes
a process wastestream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the POTW; or is designated
as such by the control authority as defined in 40 CFR 403.12 on the
basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement [in accordance with 40 CFR 403.8(f)(6)].
Upon a finding that an industrial user meeting the criteria in Subsection (1) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority (as defined in 40 CFR 403.12) may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
Any one or more of the following have occurred:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken for
the same pollutant parameter during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
an instantaneous limit as defined in this section;
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the numeric pretreatment standard or requirement, including an
instantaneous limit, as defined in this section, multiplied by the
applicable TRC criteria (TRC = 1.4 for BOD, TSS, fats, oil, and grease,
and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average, instantaneous limit or narrative standard)
that the control authority determines has caused, alone or in combination
with other discharges, interference or pass-through (including endangering
the health of POTW personnel or the general public);
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B)
to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations, which may include
a violation of best management practices, which the control authority
determines will adversely affect the operation or implementation of
the local pretreatment program.
Any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
The State of Michigan.
Any portion of the stormwater drainage system, including
any natural outlet, which carries stormwaters and surface waters and
drainage or unpolluted industrial process water.
A facility for the distribution of septic tank overflow or
effluent below the ground surface through a line or a series of branch
lines of drain tile laid with open joints to allow the overflow or
effluent to be absorbed by the surrounding soil throughout the entire
field.
The Superintendent of the Holland Area Water Reclamation
Facility, operated by the Holland Board of Public Works (HBPW) or
the Superintendent's authorized representative.
Solids that either float on the surface of, or are in suspension
in, water, sewage, or other liquids.
The Township of Park.
Any pollutant or combination of pollutants identified as
toxic pursuant to Section 307(a) of the Federal Water Pollution Control
Act[4] or other federal statutes or in regulations promulgated
by the state under state law.
Any noncontact cooling or noncontact processing water that
is not chemically changed by its use for cooling or processing, or
water free of substances that are or may be harmful to humans or wildlife
or that may create or constitute a nuisance.
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because
of factors beyond the control of the industrial user. The term "upset"
does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventative maintenance, or careless or improper
operation and as further defined in 40 CFR 403.16.
Any person who contributes, causes or permits the contribution
of sewage into a public sewer.
A charge levied on the users of a treatment works for the
costs of operation, maintenance and replacement of the treatment works
pursuant to 33 U.S.C. § 1284(b)(1), as amended.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, institutions
and other facilities, whether treated or untreated.
A channel, natural or artificial, in which a flow of water
occurs either continuously or intermittently.
Includes:
Both surface and underground waters within the boundaries of
this state subject to its jurisdiction, including all ponds, lakes,
rivers, streams, public ditches, tax ditches, and public drainage
systems within this state, other than those designed and used to collect,
convey, or dispose of sewage; and
The floodplain free-flowing waters determined on the basis of
100-year flood frequency; and
Any other waters specified by state law.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
A person who violates any provision of this division is responsible
for a municipal civil infraction unless the violation type is listed
in this division as a misdemeanor. Civil infractions are subject to
a payment of a civil fine, as limited by law, in accordance with the
schedule of fines listed below, plus costs and other sanctions, for
each infraction. Each infraction and each day upon which the infraction
occurs shall constitute a separate violation. Recurring offenses shall
be subject to increased fines as provided in the schedule of fines
as follows:
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Schedule of Fines
| ||||||
|---|---|---|---|---|---|---|
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Violation Type
|
Nature of Violation
|
Code Sections
|
First Offense Fine
|
Second Offense Fine
|
Third Offense Fine
|
Period for Recurring Offense
|
|
See Note 1
| ||||||
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General
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Sewage system tampered with or damaged
|
34-195
|
$100
|
$250
|
$500
|
1 year
|
|
Unlawful disposal of waste
|
34-197
|
$500
|
N/A
|
N/A
|
N/A
| |
|
Discharge into storm drain or natural drain
|
34-198
|
$500
|
N/A
|
N/A
|
N/A
| |
|
Failure to connect to public sewer
|
34-145
|
$100
|
N/A
|
N/A
|
N/A
| |
|
Unsanitary conditions exist
|
34-199
|
$100
|
$250
|
$500
|
1 year
| |
|
Private Sewage Disposal Systems
|
Failure to obtain private sewage system permit
|
34-144, 34-165
|
$100
|
$250
|
$500
|
1 year
|
|
Failure to have private sewage system inspected
|
34-144
|
$100
|
$250
|
$500
|
1 year
| |
|
Discharge of private septic system into public sewage system
|
34-143
|
$100
|
N/A
|
N/A
|
N/A
| |
|
Failure to operate private disposal system in a sanitary manner
|
34-191
|
$100
|
$250
|
$500
|
1 year
| |
|
Discharge of prohibited waste
|
34-192
|
$100
|
$250
|
$500
|
1 year
| |
|
Building Sewers and Connections
|
Failure to obtain sanitary sewer connection permit
|
34-180
|
$100
|
$250
|
$500
|
1 year
|
|
Opening or connecting with public sewer without permission
|
34-180
|
$100
|
$250
|
$500
|
1 year
| |
|
Failure to install interceptor device
|
34-193
|
$100
|
N/A
|
N/A
|
N/A
| |
|
Discharge of wastes not containing sewage
|
34-190, 34-268(a)(3)
|
$200
|
$500
|
$1,000
|
1 year
| |
|
Failure to disconnect roof drain, footing drain, or stormwater/groundwater
discharge after notification
|
34-268(a)(3)
|
$500
|
N/A
|
N/A
|
N/A
| |
|
Failure to have building sewer connection inspected
|
34-187
|
$100
|
$250
|
$500
|
1 year
| |
|
Schedule of Fines
| ||||||
|---|---|---|---|---|---|---|
|
Violation Type
|
Nature of Violation
|
Code Sections
|
Isolated
|
Recurring
|
Significant
|
Period for Recurring Offense
|
|
See Notes 1 and 2
| ||||||
|
Pretreatment Discharge Violation
|
Unpermitted discharge; no permit was obtained
|
34-308
|
$500
|
$1,000
|
$2,000
|
1 year
|
|
Any discharge that causes pass-through or interference (See
Note 4)
|
34-268(a)(2)
|
N/A
|
N/A
|
$1,000
|
1 year
| |
|
Any discharge that causes pass-through or interference (2nd
time) (See Note 4)
|
34-268(a)(2)
|
N/A
|
N/A
|
$2,000
|
1 year
| |
|
Any discharge that causes pass-through or interference (3rd
or more) (See Note 4)
|
34-268(a)(2)
|
N/A
|
N/A
|
$5,000
|
1 year
| |
|
Any discharge that endangers human health or the environment
or has caused the POTW to exercise its emergency authority
|
34-268
|
N/A
|
N/A
|
$10,000
|
1 year
| |
|
Failure to meet compliance date by 30 days
|
$0
|
N/A
|
N/A
|
1 year
| ||
|
Failure to meet compliance date by 60 days
|
$250
|
N/A
|
N/A
|
1 year
| ||
|
Failure to meet compliance date by 90 days
|
N/A
|
N/A
|
$500
|
1 year
| ||
|
Failure to accurately report noncompliance (1st time)
|
34-275(a)
|
N/A
|
N/A
|
$0
|
1 year
| |
|
Failure to accurately report noncompliance (2nd time)
|
34-275(a)
|
N/A
|
N/A
|
$500
|
1 year
| |
|
Failure to accurately report noncompliance (3rd time)
|
34-275(a)
|
N/A
|
N/A
|
$1,000
|
1 year
| |
|
Failure to properly operate and maintain pretreatment facility
|
34-272
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Waste stream is diluted in lieu of treatment
|
34-273
|
$500
|
$1,000
|
$2,000
|
1 year
| |
|
Discharge of waste that causes obstruction
|
34-268(b)(2)
|
$0
|
$100
|
$500
|
1 year
| |
|
Pretreatment Recordkeeping Violation
|
Failure to develop spill prevention and slug control plans
|
34-274
|
$100
|
$0
|
$0
|
1 year
|
|
Copies of records denied
|
34-277
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Pretreatment Reporting Violation
|
Failure to provide reports within 30 days
|
Subdivision VIII
|
N/A
|
N/A
|
$500
|
1 year
|
|
Failure to report spill or changed discharge (no harm)
|
34-275(b)
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Failure to report spill or changed discharge (harm)
|
34-275(b)
|
$500
|
$1,000
|
$2,000
|
1 year
| |
|
Incomplete or missing records or reports
|
34-277
|
$0
|
$0
|
$500
|
N/A
| |
|
Failure to report additional monitoring
|
34-339.4(d)
|
$0
|
$100
|
$500
|
1 year
| |
|
Failure to notify of bypass
|
34-315(b)
|
$100
|
$500
|
$1,000
|
1 year
| |
|
Pretreatment Monitoring Violation
|
Failure to monitor all pollutants according to permit
|
Permit
|
$0
|
$100
|
$500
|
1 year
|
|
Failure to install monitoring equipment
|
34-314
|
$0
|
$100
|
$500
|
1 year
| |
|
Sampling at incorrect location
|
34-339.2
|
$0
|
$100
|
$500
|
1 year
| |
|
Sampling using incorrect sampling type
|
34-339.2
|
$0
|
$100
|
$500
|
1 year
| |
|
Sampling using incorrect sampling collection techniques
|
34-339.2
|
$0
|
$100
|
$500
|
1 year
| |
|
Failure to follow proper analytical requirements
|
34-278
|
$0
|
$100
|
$500
|
1 year
| |
|
Other Pretreatment Violations
|
Failure to post POTW phone number in facility
|
34-276
|
$0
|
$100
|
$500
|
1 year
|
|
Failure to train employees in emergency notification procedure
|
34-276
|
$0
|
$100
|
$500
|
1 year
| |
|
Entry for site visit denied or consent withdrawn
|
34-280
|
$0
|
$500
|
$1,000
|
1 year
| |
|
Failure to meet compliance deadlines for existing or new source
|
34-280
|
$500
|
$1,000
|
$2,000
|
1 year
| |
|
Other
|
Any other violation of this division
|
$100
|
$250
|
$500
|
N/A
| |
|
Schedule of Fines
| |||||
|---|---|---|---|---|---|
|
Violation Type
|
Nature of Violation
|
Code Sections
|
Isolated
|
Significant
|
Period for Recurring Offense
|
|
Pretreatment Discharge Violation
|
Violation of discharge limit
|
34-268
|
$0
|
$500
|
1 year
|
|
Violation of applicable technical review criteria (TRC) (See
Note 3)
|
34-268
|
$0
|
$1,000
|
1 year
| |
|
NOTES:
| |
|
Note 1:
|
N/A means the offense accumulation time is not applicable or
each offense is considered to be a separate and new offense or each
is considered to be significant.
|
|
Note 2:
|
Notwithstanding civil penalty amounts delineated on this schedule,
any violation delineated shall be subject to a civil penalty of not
less than $1,000 per day depending upon additional facts and circumstances
existing at the time of the violation(s) pursuant to Section 5.5(b).
|
|
Note 3:
|
TRC = 140% for BOD, TSS, fats, oil, and grease, and 120% for
all other pollutants except pH, which has no TRC.
|
|
Note 4:
|
All mercury violations will be handled as outlined in the control
authority's enforcement response plan (ERP).
|
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The Township Board may, by resolution which shall be amendable
and revocable at any time upon appropriate notice to the delegate
and EGLE, delegate all or any part of the permitting, inspection and
other Township or control authority functions or responsibilities
specified in this division to any other governmental agency operating
and maintaining the POTW public sewers on behalf of the Township.
Such resolution shall be effective only for such portion of the Township
public sewers and related functions as are operated and maintained
or performed by such designee.
|
Subdivision II. Discharge of Sewage
|
[Ord. No. SU-1, 8-5-1982; Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The discharge or depositing of waste and/or sewage shall be
restricted and regulated as follows:
(1)
No person shall place, deposit or permit to be placed or deposited
any waste or sewage upon any public or private property in the Township
unless:
(2)
No person shall discharge to any natural outlet any waste or sewage
unless such discharge has been specifically permitted and approved
by the EGLE.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
No person shall construct, maintain or use any cesspool, septic
tank, seepage pit, toilet device, subsurface disposal field, privy,
privy vault, sewage disposal facility, or any other facility or device
intended or used for the disposal of sewage unless the same is not
dangerous to public health and is specifically permitted and approved
by the Health Department and, where appropriate, the EGLE or MDPH.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
Any structure in which sewage originates within the Township
shall be connected to any available sanitary sewer within 18 months
after publication by the Township of a legal notice of availability
of a sanitary sewer in a newspaper of general circulation in the Township.
For purposes of this section, a sanitary sewer shall be considered
to be available when it is located in a right-of-way, easement, highway,
street or public way which crosses, adjoins or abuts upon the property
in question and passes not more than 200 feet at the nearest point
from the structure in which the sewage originates. For purposes of
this section, the phrase "structure in which sewage originates" means
a building in which toilet, kitchen, laundry, bathing or other facilities
that generate wastewater are used or are available for use for household,
commercial, industrial or other purposes. If the structure in which
sewage originates has not been connected to an available sanitary
sewer within said eighteen-month period, then the Township shall require
the connection to be made in accordance with Section 12754 of the
Michigan Public Health Code, Public Act No. 368 of 1978 (MCL 333.12754),
or any similar successor statutory provision. In so proceeding, the
Township shall have the rights and remedies provided in Section 12754,
as well as all rights and remedies provided by this division.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
If an industry makes adequate provision for the disposal of
its industrial wastes other than by discharging such wastes into the
sanitary sewer, and if such disposal is approved by the EGLE and all
other governmental agencies having jurisdiction, then the Township
Board may, by resolution, excuse such industry from depositing its
industrial wastes into the sanitary sewer.
|
Subdivision III. Private Sewage Disposal
|
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
If a house, building or other premises used for human occupancy,
employment, recreation or other purposes is not connected to a sanitary
sewer, then the building sewer shall be connected to sewage disposal
facilities permitted and approved by the Health Department and, where
appropriate, the EGLE and/or MDPH.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
At such time as a connection is made to a sanitary sewer, all
sewage disposal facilities shall be disconnected and abandoned. All
septic tanks, cesspools, and seepage pits shall be filled with sand
or other material approved by the Township.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
All persons owning or maintaining sewage disposal facilities
shall operate and maintain such facilities in a safe and sanitary
manner at all times at no cost to the Township, without the creation
or maintenance of a nuisance.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
The provisions of this subdivision shall not be construed to
preclude additional requirements that may be imposed by the EGLE,
MDPH, or the Health Department.
|
Subdivision IV. Building Sewers and Connections
|
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
No person shall uncover, make any connection with or opening
into, use, alter or disturb any public sewer or appurtenance thereto
without first obtaining a written permit therefor from the Township
or its authorized representative. No building sewer shall be covered
until it has been inspected and approved as being of adequate and
acceptable construction, size and location by the Township or its
authorized representative. The owner of a building or premises or
his authorized representative shall be responsible, at his own cost,
for the installation, connection and maintenance of the building sewer
for such building or premises up to and including its connection with
the public sewer. The owner and his authorized representative shall
indemnify and hold the Township and its employees, agents and representatives
free and harmless from any and all liability or responsibility for
all injury, loss or damage that may result directly or indirectly
from the installation, connection or maintenance of the building sewer.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
Application for a permit to connect to the public sewer shall
be made on appropriate forms provided by the Township or its authorized
representative. The application shall be supplemented by such plans,
specifications or other information as the Township or its authorized
representative shall reasonably require. The Township Board shall
establish permit and inspection fees by resolution. Such permit and
inspection fees shall be paid at the time the application is filed.
The Township or its authorized representative may refuse to grant
a permit to connect if the Township shall determine the public sewer
system, the sewage treatment facilities or the treatment plant do
not have adequate capacity or capability to accommodate the proposed
connection.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
A separate and independent building sewer shall be provided
for each building or premises, provided where one building or premises
stands at the rear of another on an interior lot and no private sewer
is available or can be constructed to the rear building or premises
through an adjoining alley, court, yard or driveway, the building
sewer from the front building or premises may be extended to the rear
building or premises.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
An existing building sewer may be used in connection with a
new building or premises only where it is found, on inspection by
the Township or its authorized representative, to be of adequate construction,
size and location.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
The size, slope, alignment and materials for construction of
the building sewer; the methods to be used in excavating and backfilling
the trench therefor; and the placing, jointing and testing of the
pipe thereof shall conform to all requirements of the Township building
and plumbing ordinances, as amended, as well as, as may be applicable,
all requirements of the state, county, and/or any governmental agency
operating and maintaining the public sewers on behalf of the Township
and all other rules and regulations of the Township.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
The building sewer shall be brought to a building or premises
at an elevation below the basement floor thereof if this can be accomplished
while maintaining gravity flow to the sanitary sewer and if this does
not require a change in the existing point of discharge of sewage
and/or industrial wastes from the building or premises. In all buildings
or premises in which any building drain is too low to permit gravity
flow to the sanitary sewer, sewage or industrial wastes carried by
such building drain shall be lifted by a pump or other suitable device
and discharged to the building sewer. Such pump or other suitable
device must be approved in writing by the Township. The cost of such
pump or other suitable device shall be paid by the owner of the building
or premises or his authorized representative. Such pump or other suitable
device shall be maintained in good condition and repair by the owner
of the building or premises or his duly authorized representative,
and the owner of the building or premises or his duly authorized representative
shall pay all charges and expenses for the operation of the pump or
other suitable device.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
Every connection of a building sewer into a sanitary sewer shall
conform to the requirements of the Township building and plumbing
ordinances, as amended, and all other applicable rules and regulations
of the Township, the procedures set forth in appropriate specifications
of the American Society for Testing and Materials and the Water Pollution
Control Federation Manual of Practice No. 9, as amended, as well as,
as may be applicable, all requirements of the state, county, and/or
any governmental agency operating and maintaining the public sewers
on behalf of the Township. All such connections shall be gastight
and watertight. Any deviation from these prescribed procedures and
materials must be approved in writing by the Township or its authorized
representative before installation.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
The applicant for a sewer connection permit shall notify the
Township or its authorized representative when the building sewer
is ready for installation and connection to the sanitary sewer. The
connection shall be made under the supervision of the Township or
its authorized representative. No backfill shall be placed until the
work has been inspected and approved by the Township or its authorized
representative.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
The basement floor level of all new structures from which it is anticipated that sewage or industrial wastes shall emanate shall be at such level that such sewage and industrial wastes can flow by gravity to any sanitary sewer in the adjoining street connected with an invert eight feet below the center line of the street. In the alternative, a pump or other suitable device shall be installed and maintained as provided in Section 34-185 to lift the sewage or industrial wastes to a level from which they can flow by gravity to such sanitary sewer. An acceptable sewage outlet facing the street where a sanitary sewer is available, or is proposed to be made available, shall be provided in all new structures.
[Ord. No. SU-1, 8-5-1982; amended 10-10-2019 by Ord. No. 2019-5]
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Township.
[Ord. No. SU-1, 8-5-1982; Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
No person shall discharge or cause to be discharged to any sanitary
sewer any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water, unpolluted air-conditioning water or unpolluted
industrial process water. No footing drain shall be connected to a
sanitary sewer. All footing drain water shall be discharged to storm
sewers or dry wells. Stormwater and all other unpolluted drainage
shall be discharged to sewers specifically designated as storm sewers,
or to a natural outlet approved by the EGLE. The discharge of cooling
water or uncontaminated industrial process water shall only be permitted
when authorized and approved by the EGLE. For purposes of this section,
the phrase "uncontaminated industrial process water" means water which
has not come into contact with any substance used in or incidental
to industrial processing operations and to which no chemical or other
substance has been added.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Township, and in such a manner as to not create a public nuisance,
and otherwise in accordance with any additional requirements imposed
by the EGLE, MDPH or the Health Department.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Hazardous substances or other wastes shall not be discharged
into a private sewage disposal system, except as authorized under
this division or other Township ordinances and state and federal law.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Interceptor devices shall be provided when they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand or other harmful ingredients.
Notwithstanding the foregoing, interceptors shall not be required
for living quarters or dwelling units. All interceptors shall be of
a type and capacity approved by the Township and shall be located
so as to be readily accessible for cleaning and inspection. All interceptor
devices shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. Such interceptor devices
shall be of substantial construction, watertight and equipped with
easily removable covers which, when bolted in place, shall be gastight
and watertight. All interceptor devices from which such wastes emanate
shall be maintained in continuously efficient operation at all times
by the owner of the building or premises or his authorized representative,
at his expense.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
No statement contained in this article shall be construed to
interfere with any additional requirements that may be imposed by
the Township in case of an emergency or an immediate public health
hazard.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy or tamper with any structure, appurtenance,
or equipment which is part of the POTW or owned by the Township.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
No person shall establish, replace or alter any connections
with any public sewer, or cause the same to be done, unless he shall
comply with the provisions of this subdivision, the laws of the state,
and all other lawful regulations.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
No person shall dispose of wastes in such a manner, or permit the
facilities or fixtures thereof to be in such condition, as shall be
dangerous to public health.
(b)
It shall be unlawful for any person to place, deposit or permit to be deposited in any manner upon public or private property within the Township, or in any area under its jurisdiction, any human or animal excrement, garbage, or any substances that possess the characteristics described in Section 34-268 which constitute a nuisance unless specifically permitted by law, or which may constitute a hazard to the public health.
(c)
It shall be unlawful for any person to discharge any waste into the
POTW through a connection that has not been authorized pursuant to
this subdivision or directly into a public sewer without authorization.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
It shall be unlawful to discharge to any natural outlet within the Township, or in any area under its jurisdiction, any sewage or other polluted waters, except for those facilities described in subsection (b) of this section.
(b)
Any industrial waste disposal facility operating with a state-approved
NPDES permit shall be exempt from the prohibition of this section,
and shall be subject to the following:
(1)
If a temporary excess of any of the parameters listed in the
NPDES permit is anticipated, the control authority shall be informed
immediately, and a written report shall follow that contains a description
of the excess, the reasons for its occurrence, and a description of
the corrective measures being taken and to be instituted. Such reporting
is in no way in lieu of other spill reporting requirements that are
the responsibility of the NPDES permit holder.
(2)
The industry shall allow the control authority, EGLE, EPA and
Health Department access to its property at reasonable times and under
reasonable circumstances for the purpose of taking samples of the
discharge from the facility. Any industry that discharges into the
storm sewer system shall provide sampling manholes or appropriate
access that is approved by the control authority.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Whenever the Township determines that any waste conveyance or
system is dangerous to the public health, the Township may order improvements
to abate the danger and specify the time within which such improvements
shall be made.
(1)
Waste conveyances and systems include, but are not limited to, sanitary
plumbing, toilet, or other fixture or facility for sanitary use or
for the disposal of waste, including any connection thereof to a public
sewer.
(2)
The abatement order shall be conducted in accordance with the provisions
of Subdivision V of this division and shall include a statement regarding
what aspects of the waste conveyance or system are unsanitary and
dangerous to the public health.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Any person adversely affected or aggrieved by any provision
of this division may appeal to the control authority for variance
from such provision.
(1)
In the event a petition to review is not filed within 30 days of
being notified of the need to comply with a provision or requirement,
the failure to file such a variance request shall be deemed a waiver
of any and all administrative appeal rights.
(2)
In its petition, the appealing party shall state the basis for its
appeal, the reasons in support of its request, and any alternative
relief which the aggrieved party seeks.
(4)
The enforcing body's decision shall be made within 30 days of
receiving the appeal request.
(5)
The decision of the enforcing body shall be the final administrative
action for purposes of judicial review.
|
Subdivision V. Violations, Penalties, Sanctions, and Remedies
|
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Every violation of the provisions of this division and every
failure to comply with any notice given under authority of this division
shall constitute a nuisance per se.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
A person who violates any provision listed in Subsections (1)
through (6) of this section shall be guilty of a misdemeanor. Misdemeanor
violations include:
(1)
Intentional unpermitted discharge;
(2)
Falsification of monitoring report;
(3)
Improper sampling, with evidence of intent to falsify or mislead;
(4)
Intentional failure to install monitoring equipment after deadline
was established by administrative order;
(5)
Intentional recurring violation of compliance schedule in permit,
or a violation of a compliance schedule in an administrative order;
and
(6)
Illegal discharge when the discharge causes harm and there is evidence
of intent.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
A person who violates any provision of this division is subject
to the administrative remedies described herein in addition to being
responsible for a municipal civil infraction or a misdemeanor.
(1)
Notification of violation. Whenever the control authority finds that
any user has violated or is violating any provision of this division,
or a wastewater discharge permit or order issued hereunder, the control
authority may serve upon said user written notice of the violation.
Within 10 days of the receipt date of such notice, the user shall
submit to the control authority an explanation of the violation and
a plan for the satisfactory correction and prevention thereof, including
specific required actions. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation.
(2)
Consent order. The control authority is empowered to enter into consent
orders, assurances of voluntary compliance, and other similar documents
establishing an agreement with the user responsible for the noncompliance.
Such documents will include compliance schedules, stipulated fines
or penalties, remedial actions, and signatures of the control authority
and user. Consent orders shall have the same force and effect as administrative
orders issued pursuant to this section.
(3)
Show cause order. The control authority may order any user which
violates this division, wastewater discharge permit, or order issued
hereunder, to show cause why a proposed enforcement action should
not be taken. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days prior to the hearing. Such notice may be served on any principal
executive, general partner, or corporate officer. Enforcement action
may be pursued as appropriate, whether or not a duly notified user
appears as noticed.
(4)
Compliance order. When the control authority finds that a user has
violated or continues to violate this division or a wastewater discharge
permit issued thereunder, an order may be issued to the user responsible
for the violation directing that, following a specified time period,
sewer service shall be discontinued unless adequate treatment facilities,
devices, or other related appurtenances have been installed and are
properly operated, and compliance is achieved. In addition or as an
alternative, orders may contain such other requirements as might be
reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring, and management practices.
(5)
Cease-and-desist order. When the control authority finds that a user
has violated or continues to violate this division or a wastewater
discharge permit issued thereunder, an order may be issued to the
user responsible for the violation directing that such violation cease
and desist immediately.
a.
In an emergency, the order to cease and desist may be given by telephone.
b.
In a nonemergency situation, the cease-and-desist order may be used
to suspend or permanently revoke industrial wastewater discharge permits.
c.
The cease-and-desist order may order the user to take such appropriate
remedial or preventive action as may be needed to properly address
a continuing or threatened violation, including halting operations
and terminating the discharge.
(6)
Administrative fines. Notwithstanding any other section of this division, any user who is found to have violated any provision under this division, or permits and orders issued thereunder, may be fined in an amount to be established and adjusted from time to time by Township Board resolution, per day, or the maximum allowable under state law per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments shall be added to the user's next scheduled sewer service charge, and the control authority shall have such other collection rights and remedies as designated by law and this division to collect said service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Users desiring to appeal such fines must comply with Section 34-236.
(7)
Emergency suspension. The control authority may suspend the wastewater
treatment service and the wastewater discharge permit of a user whenever
such suspension is necessary in order to stop an actual or threatened
discharge that presents or causes an imminent or substantial endangerment
to the health or welfare of persons, the POTW, or the environment.
a.
Any user notified of a suspension of the wastewater treatment service
or wastewater discharge permit shall immediately stop or eliminate
its discharge. If a user fails to immediately comply voluntarily with
the suspension order, the control authority shall take such steps
as are deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to any person, the POTW,
or the environment. The control authority shall allow the user to
recommence its discharge when the endangerment has passed, unless
termination proceedings are initiated against the user.
b.
A user who is responsible (in whole or in part) for imminent endangerment shall submit a detailed written statement to the control authority describing the causes of the harmful discharge and the measures taken to prevent any future occurrence. Such statement shall be submitted prior to the date of any appeals hearing as may be scheduled in accordance with Section 34-236.
(8)
Termination of wastewater discharge permit. Any industrial user who
violates the following conditions of his wastewater discharge permit,
or any applicable state or federal law, is subject to permit termination.
a.
Failure to accurately report the wastewater constituents and characteristics.
b.
Failure to report significant changes in operations or wastewater
constituents and characteristics.
c.
Refusal of reasonable access to the user's premises for the
purposes of inspection, monitoring, or sampling.
Noncompliant users shall be notified of the proposed termination
of their wastewater discharge permit and be offered an opportunity
to show cause under the provisions of Subsection (3) of this section
why the proposed action should not be taken.
(9)
Annual publication of IUs in significant noncompliance. The control authority shall publish, at least annually, in the largest daily newspaper circulated in the service area, a description of those users which are found to be in significant noncompliance, as defined in Section 34-121, with any provisions of this division or any permit or order issued hereunder during the period since the previous publication.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
A person who violates any provision of this division is subject
to the judicial remedies described herein in addition to being responsible
for a municipal civil infraction, a misdemeanor, or an administrative
remedy.
(1)
Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this division, or permit or order issued hereunder,
the control authority, through counsel, may petition the court for
the issuance of a preliminary or permanent injunction, or both (as
may be appropriate), which restrains or compels the activities on
the part of the user.
(2)
Civil fines.
a.
Any user who has violated or continues to violate this division,
or any order or permit issued hereunder, may be liable to the POTW
for a civil fine, in an amount to be established and adjusted from
time to time by Township Board resolution, plus actual damages incurred
by the POTW per violation per day for as long as the violation continues,
depending on the application of the facts and circumstances of the
violation. In addition to the penalty described in this subsection
and damages, the POTW may recover reasonable attorney's fees,
court costs, and other expenses associated with the enforcement activities,
including sampling, monitoring and analysis expenses.
b.
The control authority shall petition the court to impose, assess,
and recover such sums. In determining amount of liability, the court
shall take into account all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the magnitude
and duration, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
(3)
Criminal prosecution.
a.
Violations generally.
1.
Any user who violates Section 34-226 shall, upon conviction, be guilty of a misdemeanor, punishable by a fine, in an amount to be established and adjusted from time to time by Township Board resolution, or the maximum allowable under state law per violation per day, or imprisonment for not more than 90 days, or both.
2.
In the event of a second conviction, the user shall be punishable
by a fine, in an amount to be established and adjusted from time to
time by Township Board resolution, or the maximum allowable under
state law per violation per day, or imprisonment for not more than
90 days, or both.
3.
Falsifying information. Any user who knowingly or intentionally
makes any false statements, representations, or certifications in
any application, record, report, plan or other document filed or required
to be maintained pursuant to this division, or wastewater discharge
permit, or who falsifies, tampers with, or knowingly or intentionally
renders inaccurate any monitoring device or method required under
this division, shall, upon conviction, be punished by a fine, in an
amount to be established and adjusted from time to time by Township
Board resolution, or the maximum allowable under state law per violation
per day, or imprisonment for not more than 90 days, or both.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
A person who violates any provision of this division is subject
to supplemental enforcement remedies described herein in addition
to being responsible for a municipal civil infraction, a misdemeanor,
an administrative remedy, or a judicial remedy.
(1)
Performance bonds/letters of credit. The control authority may decline
to reissue a wastewater discharge permit to any user which has failed
to comply with the provisions of this division or any order or previous
permit issued hereunder unless such user first files with it a satisfactory
bond or letter of credit, payable to the control authority, in a sum
not to exceed a value determined by the control authority to be necessary
to achieve consistent compliance.
(2)
Liability insurance. The control authority may decline to reissue
a wastewater discharge permit to any user which has failed to comply
with the provisions of this division or any order or previous permit
issued hereunder unless the user first submits proof that it has obtained
financial assurances sufficient to restore or repair POTW damage caused
by its discharge.
(3)
Water supply severance. Whenever a user has violated or continues
to violate the provisions of this division or an order or permit issued
hereunder, water service to the user may be severed and service will
only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply.
(4)
Public nuisances. Any violation of the prohibitions or effluent restrictions
of this division or permit or order issued hereunder is hereby declared
a public nuisance and shall be corrected or abated as directed by
the control authority. Any person creating a public nuisance shall
be subject to the provisions of this division governing such nuisance,
including reimbursing the Township for any costs incurred in removing,
abating, or remedying said nuisance.
(5)
Contractor listing.
a.
Industrial users which have not achieved consistent compliance with
applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Township.
b.
Existing contracts for the sale of goods or services to the Township
held by the industrial user found to be in significant violation of
the pretreatment standards may be terminated at the discretion of
the Township.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
As used in this division, the term "recurring offense" means
a second (or any subsequent) municipal civil infraction violation
of the same requirement or provision of this division committed by
a person within any six-month period or for any two successive six-month
periods for which the person admits responsibility or is determined
to be responsible.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Each day in which any violation shall continue shall be deemed
a separate offense.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Fines and costs incurred by any person found to be in violation
of this division that are not paid within the time frame allocated
shall become a lien against the user's property.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Any person violating any of the provisions of this division
shall become liable to the Township for any expense, loss, or damage,
including attorney fees, incurred by or on behalf of the control authority
by reason of such violation.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The provisions of this subdivision shall not be construed to
limit the powers of the enforcing officer or other public officials
or bodies to proceed to abate a health nuisance or a pollutant discharge
in violation of legal limits; nor shall the provisions of this subdivision
be construed to provide adequate protection under all situations.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
If the enforcing officer determines that additional or more
strict requirements are necessary to avoid the creation or extension
of a health nuisance or a pollutant discharge in violation of legal
limits, he shall enter an appropriate order setting forth the requirements
and the conditions making such requirements necessary.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Except for an appeal pursuant to Section 34-313 or notices of violation, including such notices issued as a civil infraction under Section 34-122, or administrative consent orders, or emergency actions as defined herein, or a variance pursuant to Section 34-200, any decision relating to the enforcement of this division may be appealed to the Township Board or the control authority, on written request of an aggrieved person.
(1)
In the event a petition to review is not filed within 15 days of
being notified of a violation, fine, or cost, the failure to file
such an appeal shall be deemed a waiver of any and all administrative
appeal rights.
(2)
In its petition, the appealing party shall state the basis for its
appeal, the reasons in support of its appeal, and any alternative
relief which the aggrieved party seeks.
(3)
During the pendency of the appeal, the applicant must comply with
the enforcement action for which the appeal is taken.
(5)
The enforcing body's decision shall be made within 30 days of
receiving the appeal request.
(6)
The decision of the enforcing body shall be the final administrative
action for purposes of judicial review.
|
Subsection VI. Use of Public Sewers
|
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
The purposes of this subdivision are:
(1)
To establish uniform requirements for direct and indirect contributors
into the wastewater collection and treatment system and to enable
the POTW to comply with applicable state and federal laws and the
general pretreatment regulations (40 CFR Part 403);
(2)
To prevent the introduction of pollutants into the POTW which
will:
a.
Interfere with the operation of the system;
b.
Cause the POTW to violate its NPDES discharge permit;
c.
Contaminate the sludge;
d.
Pass through the system, inadequately treated, into receiving
waters or the atmosphere;
e.
Pose a health threat to sewer workers; or
f.
Be otherwise incompatible with the system;
(3)
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system; and
(4)
To provide for equitable distribution of the cost of the municipal
wastewater system.
(b)
Future conditions imposed on the control authority by jurisdictional
government agencies may require subsequent amendment of this division
or rules and regulations adopted hereunder by the control authority.
Where federal or state promulgated categorical pretreatment standards
require limits more stringent than those specified in this division,
the state and federal limits shall have precedence and take effect
with respect to the applicable user on the latter of:
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The control authority shall have the right to establish any
standard or prohibition as long as it is as restrictive or more restrictive
than any federal or state requirements.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
Generally. General discharge prohibitions are as follows:
(1)
It shall be unlawful to discharge any wastewater to the POTW
except in accordance with the provisions of this subdivision.
(2)
No user shall contribute or cause to be contributed, directly
or indirectly to the POTW, any pollutant or wastewater which will
pass through or cause interference with the operation or performance
of the POTW.
(3)
No person shall discharge or cause to be discharged to any public
sewer any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water, unpolluted air-conditioning water or unpolluted
industrial process water. No footing drain, roof downspout, areaway
drain or other source of surface water or groundwater shall be connected
to a public sewer. All footing drain water shall be discharged to
storm sewers or dry wells. Stormwater and all other unpolluted drainage
shall be discharged to sewers specifically designated as storm sewers,
or to a natural outlet approved by the EGLE. The discharge of cooling
water or unpolluted industrial process water shall only be permitted
when an NPDES permit cannot be attained and no other discharge option
exists.
(b)
Prohibited. No user shall contribute the following substances to
the POTW:
(1)
Any substances which by reason of their nature or quantity may
create a fire or explosion hazard or be injurious to the POTW or to
the operation of the POTW, including, but not limited to, wastestreams
with a closed cup flashpoint of less than 140° F. or 60° C.
using the test methods specified in 40 CFR 261.21.
(2)
Any solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the POTW, such as, but not limited to, grease, garbage with particles
greater than 1/2 inch in any dimension, or any material which can
be disposed of as trash.
(3)
Any wastewater having a pH less than 6.0 or greater than 11.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment, or personnel of the POTW.
(4)
Any substance which may cause a public nuisance, cause hazard
to life or prevent entry into the sewers for maintenance and repair.
(5)
Heat in amounts which will inhibit biological activity in the
POTW resulting in interference, but in no case heat in such quantities
that the temperature at the POTW exceeds 40° C. (104° F.).
(6)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(7)
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(8)
Any trucked or hauled pollutants, except at discharge points
and as otherwise designated by the control authority.
(9)
Any pollutant, including oxygen demanding pollutants released
in a discharge at a flow rate and/or concentration (including any
slug discharge), which may cause interference to the POTW.
(10)
Any of the following toxic pollutants:
a.
Those pollutants listed on the current critical materials register
prepared pursuant to Section 66 of the Water Resources Commission
Act (MCL Section 323.1 et seq.)[1] by the State Water Resources Commission or its successors;
and
[1]
Editor's Note: Said Act was repealed by P.A. 1994, No.
451, § 90101, effective 3-30-1995. See now MCL § 324.3101
et seq.
b.
Those pollutants identified by the control authority as a toxic
pollutant by amendment to this division. If a pollutant is specifically
allowed by the control authority, Subsection (b)(14) of this section
or categorical pretreatment standards, then this section does not
apply.
(12)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the control authority in compliance
with applicable state or federal regulations.
(13)
Any discoloration other than the color of normal strength domestic
waste, including, but not limited to, dyes, inks, and vegetable tanning
solutions, which singularly or in conjunction with other waste constituents
is deleterious to treatment and/or sludge disposal practices or a
hazard to the POTW and its employees.
(14)
Any wastewater discharge with a monthly average hydrogen sulfide
gas concentration above the NIOSH recommended exposure limit (10 ppm)
and/or with a peak hydrogen sulfide gas concentration above the NIOSH
immediately dangerous to life and health limit (100 ppm) without approval
of the control authority. Approval of the control authority for alternate
limits will be subject to the following:
a.
Submittal of an acceptable health and safety plan that sufficiently
outlines procedures for the safe access of the impacted site and sanitary
sewer;
b.
Demonstration that the discharge will not create nuisance odors;
and
c.
Completion of any improvements to the sanitary sewer system
(at the user's expense) determined necessary by the control authority
in order to prevent increased corrosion due to the elevated hydrogen
sulfide concentrations.
(15)
Any unused pharmaceuticals (both over-the-counter and prescription-only
medications).
(16)
Any wastewater having effluent characteristics in excess of:
|
Table 1
| |
|---|---|
|
Prohibited Pollutants
| |
|
Pollutants
|
Daily Maximum Allowable Concentration
(mg/l)
|
|
Organics
| |
|
Acetone
|
170
|
|
Benzene
|
0.16
|
|
Methyl Ethyl Ketone
|
120
|
|
Chloroethane
|
1.8
|
|
Chloromethane
|
1.2
|
|
Chloroform
|
0.64
|
|
Dibromochloromethane
|
0.086
|
|
1, 4-Dichlorobenzene
|
0.40
|
|
1, 1-Dichloroethane
|
8.3
|
|
1, 1-Dichloroethylene
|
1.4
|
|
Cis-1, 2-Dichloroethylene
|
2.9
|
|
Trans-1, 2-Dichloroethylene
|
2.8
|
|
Diethyl Ether
|
21
|
|
Ethyl Benzene
|
0.44
|
|
Lindane
|
0.00038
|
|
4-Methyl-2-Pentanone
|
20
|
|
Methylene Chloride
|
0.66
|
|
Styrene
|
0.29
|
|
Tetrachloroethylene
|
0.050
|
|
Toluene
|
3.5
|
|
1,1,1-Trichloroethane
|
1.0
|
|
Trichloroethylene
|
0.34
|
|
1,2,4-Trimethylbenzene
|
0.50
|
|
Xylenes, Total
|
0.91
|
|
Phenols, Total
|
0.90
|
|
Metals
| |
|
Arsenic
|
0.12
|
|
Cadmium
|
0.059
|
|
Chromium
|
1.3
|
|
Copper
|
1.3
|
|
Cyanide, Amenable
|
0.083
|
|
Lead
|
1.1
|
|
Lithium
|
2.9
|
|
Mercury
|
See Sec. 34-268(b)(17)
|
|
Molybdenum
|
0.28
|
|
Nickel
|
0.865
|
|
Selenium
|
0.10
|
|
Silver
|
0.037
|
|
Zinc
|
4.2
|
|
Compatibles
| |
|
Grease and oil (nonpolar fraction)
|
200
|
(17)
Except as provided in Section 34-268(c), there shall be no detectable amounts of mercury discharged into the Holland Area Wastewater Treatment Plant. The local discharge limitation for mercury is established at the method detection limit (MDL) in accordance with the following:
a.
Mercury sampling procedures, preservation and handling, and
analytical protocol for compliance monitoring shall be in accordance
with EPA Method 245.1. The MDL, developed in accordance with the procedure
specified in 40 CFR Part 136, shall not exceed 0.2 ug/L for mercury,
unless higher levels are appropriate due to matrix interference.
b.
The evaluation of potential matrix interference shall include,
at a minimum, the following:
c.
In cases where true matrix interference can be demonstrated,
a discharge-specific MDL will be developed in accordance with the
procedure in 40 CFR Part 136. Discharge-specific MDLs will be incorporated
into the wastewater discharge permit of the nondomestic user.
(18)
Any wastewater containing more of the substances referenced in Table 2, unless permitted by special discharge allocation under Section 34-270. In addition to the limits in Table 2, any discharge that, in the judgment of the control authority, would contribute a significant amount of these substances, regardless of mg/l concentration, shall be prohibited except by special discharge allocation.
|
Table 2
| |||
|---|---|---|---|
|
Compatible Pollutants
| |||
|
Daily Maximum
(mg/l)
|
Daily Maximum
(pounds per day)
| ||
|
Biochemical oxygen demand (BOD)
|
1,000*
|
and
|
40*
|
|
Chemical oxygen demand (COD)
|
2,000*
|
and
|
80*
|
|
Total suspended solids (TSS)
|
1,400*
|
and
|
100*
|
|
Total phosphorus (TP)
|
25*
|
and
|
1*
|
|
Grease and oil (polar fraction)
|
150*
|
and
|
5*
|
|
Chlorides
|
3,200*
|
and
|
100*
|
|
NOTES:
| |
|
*
|
Or as approved by the Michigan EGLE in accordance with the control
authority's approved procedures, with any change in such approved
amounts being effective upon publication by the control authority
in a daily newspaper of general circulation in the Holland area.
|
|
The control authority reserves the right to use COD sampling and testing for BOD special discharge allocations (see Section 34-270) and surcharges (see Section 34-271). In the event that COD is used for this purpose, the conversion to BOD shall be based on a site-specific COD/BOD ratio. The ratio used for this purpose shall be calculated based on a short-term demonstration using a minimum of five samples. The demonstration shall be performed at least every 24 months to check for any changes in the site-specific COD/BOD ratio.
| |
(c)
Dental amalgam.
(1)
In accordance with 333.16631 of Act 368 and the provisions of
the Michigan Administrative Code, this section applies to a dentist
who uses dental amalgam and to a dentist who removes dental amalgam.
This section does not apply to any of the following:
a.
Oral and maxillofacial surgeons;
b.
Oral and maxillofacial radiologists;
c.
Oral pathologists;
d.
Orthodontists;
e.
Periodontists;
f.
Dentists providing services in a dental school, in a hospital,
or through a local health department; and
g.
Dentists who install and use a holding tank and do not discharge
amalgam waste.
(2)
On or before December 21, 2013, a dentist shall install, or
shall have installed, an amalgam separator on each wastewater drain
in the dentist's dental office that is used to discharge dental
amalgam waste. A dentist who is required to install an amalgam separator
shall comply with all of the following pursuant to Michigan Administrative
Code R 338.11811:
a.
Install an amalgam separator that meets the requirements of
Michigan Administrative Code R 338.11813;
b.
Install, operate, and maintain the amalgam separator according
to the manufacturer's instructions;
c.
Ensure the installed amalgam separator is properly sized to
accommodate maximum dental amalgam wastewater flow rates at the dental
office. The maximum allowable flow rate through an amalgam separator
at a dental office shall not exceed the maximum flow rate capacity
at which the amalgam separator was tested under Michigan Administrative
Code R 338.11813(1)(a); and
d.
Ensure that all wastewater from the dental office containing
dental amalgam waste passes through an installed and properly functioning
and maintained amalgam separator before being discharged.
(3)
A dentist who is subject to the provisions of Michigan Administrative
Code R 338.11811 shall maintain records at the dentist's dental
office that include all of the following:
a.
Type of amalgam separator installed, including the manufacturer
and model;
b.
Date the amalgam separator became operational;
c.
Documentation verifying the amalgam separator meets the requirements
of Michigan Administrative Code R 338.11813;
d.
Documentation of the manufacturer's instructions for the
operation and maintenance of the amalgam separator;
f.
Documentation verifying that the dentist disposed of and recycled
any dental amalgam waste that was generated from the dentist's
dental office consistent with the requirements of Michigan Administrative
Code R 338.11815 and R 338.11817(f). The documentation shall be in
accordance with R 338.11817(f).
(4)
The records required under Subsection (c)(3) shall be provided
upon request to the control authority.
(5)
All records required under Subsection (c)(3) shall be retained
for a minimum of three years.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
To ensure that the maximum allowable mercury loading to the POTW
is not exceeded, the control authority may require any nondomestic
user with a reasonable potential to discharge mercury to develop,
submit for approval and implement a mercury reduction plan (MRP).
The MRP may be required by permit if the nondomestic user has not
violated the local limit for mercury, but the control authority has
determined that a reasonable potential for such a violation may exist.
MRPs may be required in notices of violations, orders or other enforcement
actions when the nondomestic user has violated the mercury local limit.
At a minimum, an approvable MRP shall contain the following:
(1)
A written commitment by the nondomestic user to reduce all nondomestic
discharges of mercury to levels below the MDL within a time frame
approved by the control authority;
(2)
Within 60 days of notification by the control authority that
an MRP is required, the nondomestic user shall supply an initial identification
of all potential sources of mercury which could be discharged to the
sanitary sewer system;
(3)
Specific strategies for mercury reduction with reasonable time
frames for implementation, capable of ensuring that mercury discharges
will be below the specified MDL within a time frame approved by the
control authority;
(4)
A program for sampling and analysis of the nondomestic discharge
for mercury in accordance with EPA Method 245.1 methods;
(5)
A demonstration of specific, measurable and/or otherwise quantifiable
mercury reductions consistent with the goal of reducing mercury discharges
below the specified MDL. Where such reductions cannot be demonstrated
through normal effluent monitoring (e.g., mercury discharges are already
near MDL), the demonstration should incorporate the following:
a.
Internal process monitoring, documenting the results of mercury
reduction strategies at sampling locations within the facility (e.g.,
a program of regular monitoring of sink traps where mercury-containing
reagents had previously been disposed, but have since been substituted
by non-mercury-containing compounds);
b.
Internal and/or effluent sampling utilizing clean and/or ultra-clean
sampling and analytical methods as referenced by USEPA Federal Register.
Note that the results of such monitoring will not be used for compliance
purposes unless performed in accordance with EPA Method 245.1 and
collected at the appropriate compliance measurement location;
c.
Loading calculations wherein the nondomestic user calculates
the total mass of mercury reduced from the sanitary sewer discharge
through reagent substitutions, changes in disposal practices and/other
approved MRP strategies implemented.
(6)
A semiannual report on the status of the mercury reduction efforts.
At a minimum, these reports shall:
a.
Identify compliance or noncompliance with specific reduction
commitments in the MRP;
b.
Summarize the analytical, mass-based or other quantifiable demonstrations
of mercury reductions performed to date;
c.
Provide all applicable analytical data;
d.
Provide an evaluation of the effectiveness of actions taken
to date;
e.
Provide updates to the initial list of mercury-containing compounds
discharged to the sanitary sewer; and
f.
Propose for approval new strategies and/or modifications to
the current MRP to continue and improve mercury reduction efforts.
(7)
Any other conditions that the control authority deems necessary
to ensure that mercury reduction efforts are effective in achieving
the goals of this section.
(b)
Failure to submit an approvable MRP within 30 days of the required
due date shall constitute significant noncompliance in accordance
with this section, and will result in publication as a significant
violator.
(c)
An MRP may be evaluated for adequacy at any time by the control authority.
If such an evaluation determines that the mercury reduction plan is
inadequate, or the nondomestic user has not complied with its approved
MRP, the nondomestic user will be notified. Failure to comply with
the MRP requirement constitutes noncompliance. The control authority
will follow its enforcement response plan (ERP) to ensure that corrective
actions are taken.
(d)
A nondomestic user may request a release from MRP requirements if:
(1)
All samples of the discharge for a period of one year are less
than the specified MDL;
(2)
The nondomestic user has complied with the minimum monitoring
frequency of quarterly sampling events; and
(3)
The control authority deems that MRP commitments have been fulfilled
sufficiently to ensure continued compliance with the mercury limitation.
(e)
The control authority shall notify the nondomestic user of any release
from MRP requirements in writing. If the MRP requirement is waived
by the control authority, the nondomestic user remains subject to
the local limitation for mercury in accordance with the requirements
of this section.
(f)
Rediscovery of mercury in the nondomestic user discharge subjects
said user to the submission of a new MRP, or escalation of enforcement
in accordance with the ERP.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
A nondomestic user (user) may, at the time of application for a wastewater discharge permit, or by a special discharge allocation permit application, request that the uniform concentration limits for BOD or COD, TSS, phosphorus, and grease and oil (polar fraction) be increased above concentrations listed in Table 2 (Section 34-268) for that permit. Such special discharge allocation shall be expressed as total daily pounds of pollutant discharged. A user's special discharge allocation shall be determined using rules and regulations established by the control authority and in accordance with procedures approved by the EGLE. The rules and regulations of the control authority shall be available for inspection at 42 South River Avenue, Holland, MI 49423, and shall be posted on the website of the BPW.
(b)
The control authority reserves the right to reduce or deny special
discharge allocations if total pollutant discharges near or reach
the MAHLs set forth in Table 3. The control authority reserves the
right to amend the MAHLs set forth in Table 3 at its discretion. The
special discharge allocation must not result in the POTW (including
the collection system) receiving pollutants in excess of its ability
to convey or treat.
|
Table 3
| |
|---|---|
|
Maximum Allowable Headworks Loading (MAHL)
| |
|
Pounds per Day
| |
|
Biochemical oxygen demand (BOD)
|
57,900*
|
|
Chemical oxygen demand (COD)
|
115,800**
|
|
Total suspended solids
|
50,000*
|
|
Total phosphorus
|
830*
|
|
Grease and oil (polar fraction)
|
5,451*
|
|
NOTES:
| |
|
*
|
Or the maximum pounds approved by the EGLE in accordance with
the control authority's approved procedures, with any change
in such approved amounts being effective upon publication by the control
authority in a daily newspaper of general circulation in the Holland
area.
|
|
**
|
The MAHL for COD is calculated using the historical influent
COD/BOD ratio of 2:1.
|
(c)
A user which requests a special discharge allocation through the
permit application process must sign a written acknowledgment, whereby
the user agrees to comply with all terms and conditions which may
be imposed by the control authority. Such acknowledgement shall be
in a form provided by the control authority, and must be executed
by an authorized representative of the user and received by the control
authority before any special discharge allocation is effective. The
user shall be charged for the special discharge allocation as determined
by the applicable rate schedule for wastewater surcharge rates and
pollution control fees as approved and amended from time to time by
the control authority. Notwithstanding the foregoing, payment of the
plant capacity portion of the surcharge rate shall not confer any
right to any particular amount of capacity in future periods. In addition,
the control authority reserves the right to institute a review of
any previously permitted special discharge allocation at any time,
pursuant to which the control authority, in its discretion, upon prior
notice and the opportunity for hearing, may reduce or eliminate a
user's previously permitted or approved special discharge allocation
(including, in particular, but not limited to, any allocation amount
previously utilized by a user or for which a user has previously paid
the physical plant capacity component of the surcharge but not the
operation and maintenance component of the surcharge).
(d)
Any discharge in excess of the amount permitted by the special discharge allocation is prohibited and is a violation of Section 34-268 and the user's wastewater discharge permit. In addition, a user shall pay the full surcharge rate (the plant capacity component and the operation and maintenance component) for any amount discharged in excess of the amount permitted by a special discharge allocation.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
All nondomestic users of the POTW shall pay a surcharge for the discharge
of sewage or waste containing more of the pollutant as referenced
in Table 4, with the exception that a surcharge can be made for either
BODs or COD, whichever is the greater dollar cost, but not for both.
|
Table 4
| |
|---|---|
|
Pollutant
|
Surcharge Above
(mg/l)
|
|
BOD5
|
250
|
|
COD
|
500
|
|
Total suspended solids
|
250
|
|
Phosphorus
|
5
|
|
Grease and oil (polar fraction)
|
50*
|
|
NOTES:
| |
|
*
|
Surcharges for grease and oil (polar fraction) will be applied
only if a user has received a special discharge allocation for grease
and oil (polar fraction). Any users discharging above 50 mg/l maybe
required to submit grease trap maintenance records.
|
(b)
Surcharge rates shall be established periodically by the control
authority. To determine the amount of the surcharge for any particular
user, the control authority shall collect samples at a predetermined
frequency and apply the surcharge rate to the analytical results of
such samples. In the alternative, with the prior approval of the control
authority, the user may utilize an independent company to take such
samples, at the user's expense, under conditions and standards
determined to be acceptable by the control authority. The surcharge
shall be calculated and billed at a frequency determined by the control
authority. Any surcharge billing not paid when due shall be a violation
of this section.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Industrial users shall provide necessary wastewater treatment as
required to comply with the most stringent requirement of this subdivision,
or federal pretreatment standards as established by 40 CFR Chapter
N, Subpart I, or state standards or wastewater discharge permit conditions,
and shall achieve compliance with all national categorical pretreatment
standards within the time limitations as specified by the federal
pretreatment regulations, and with any other pretreatment standards
by applicable deadlines.
(b)
Any facilities required to pretreat wastewater shall be provided,
operated, and maintained at the user's expense. Detailed plans
showing the pretreatment facilities and operating procedures shall
be submitted to the control authority for review, and shall be approved
by the control authority before construction of the facility. The
review and approval of plans and operating procedures does not relieve
the industrial user from complying with the provisions of this division
and wastewater discharge permit conditions. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported
to and approved by the control authority prior to the industrial user's
initiation of the changes.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
No user shall increase the use of process water, or in any other
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with concentration limitations
as established herein or any pretreatment standard or requirement.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Nondomestic users shall provide protection from accidental discharge
of materials which may interfere with the POTW by developing spill
prevention plans. Facilities necessary to implement these plans shall
be provided and maintained at the owner's or user's expense.
Spill prevention plans, including the facilities and the operating
procedures, shall be approved by the control authority before construction
of the facility.
(b)
Nondomestic users that store hazardous substances shall not contribute
to the POTW after the effective date of the ordinance from which this
division is derived unless a spill prevention plan has been approved
by the control authority. Approval of such plans shall not relieve
the user from complying with all other laws and regulations governing
the use, storage, and transportation of hazardous substances.
(1)
The control authority shall evaluate all new SIUs for the need
for a slug control plan within a year of the industrial user being
designated as an SIU. Each significant industrial user shall be evaluated
at least once every two years, and other nondomestic users as necessary,
to determine whether such user needs a plan to control slug discharges.
If the control authority decides that a slug control plan is needed,
the plan shall contain, at a minimum, the following elements:
a.
Description of discharge practices, including nonroutine batch
discharges;
b.
Description of stored chemicals;
c.
Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under Section 34-268, with procedures for follow-up written notification within five days;
d.
If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of industrial site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants
(including solvents), and/or measures and equipment for emergency
response.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
Notification of discharge violation.
(1)
In the case of any discharge in violation of this division or wastewater discharge permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug discharges, as defined by Section 34-121 of this division, the user shall immediately notify the control authority of the discharge by telephone. The notification shall include:
(2)
Within five days following such a discharge, the user shall
submit a written report describing the cause of the discharge and
the measures that will be taken by the user to prevent similar future
discharges.
(3)
Such notification shall not relieve the user of any expense,
loss, damage, or other liability resulting from the discharge, nor
shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed under this division or other
applicable state or federal law.
(b)
Notification of changed discharge. The user shall notify the control
authority prior to the introduction of new wastewater or pollutants
or any significant change in sewer use or characteristic of the wastewater
being introduced into the POTW from the user's processes. Formal
written notification shall be submitted prior to such an introduction.
Significant change in sewer use is defined as an increase in the concentrations
of pollutants discharged of 20% over those reported on the wastewater
discharge disclosure report, or the increase in discharge volume of
1,000 gallons/day or more than 10% over that reported on the baseline
monitoring report/wastewater discharge disclosure report, whichever
is less. Any change which would violate categorical pretreatment standards
or local limits is prohibited.
(c)
Notice of change in potential slug discharge. Significant industrial
users are required to notify the control authority immediately of
any changes at their facility affecting the potential for a slug discharge.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Each nondomestic user shall permanently post a notice in a prominent
place advising all employees to call the POTW, at the number supplied
on the wastewater discharge permit, in the event of a dangerous discharge
for which notification is required. Employers shall advise all employees
who may cause or be injured by such a discharge of the emergency notification
procedure.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Users subject to the reporting requirements of this division shall
retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this division, any additional records of information obtained pursuant
to monitoring activities undertaken by the user independent of such
requirements, and documentation associated with best management practices.
Records shall include the date, exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of such analyses.
(b)
These records shall remain available for a period of at least three
years after their collection.
(c)
This period shall be extended during any litigation concerning compliance
with this division or wastewater discharge permit conditions.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
All analyses, including sampling results submitted in support of any application reports, evidence or required by any permit or order shall be performed in accordance with the procedures and methods outlined in Sections 34-314 and 34-339.2. The sample shall be representative of daily operations. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Information and data (other than effluent data) about a user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public unless
the user specifically requests and is able to demonstrate to the satisfaction
of the control authority in accordance with state and federal disclosure
statutes that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. Any such request must be asserted at the time
of submission of the information or data. When such a confidentiality
claim is asserted, the information shall be treated as such until
a determination is made by the control authority. Effluent data shall
be available to the public without restriction.
(b)
When the person furnishing a report satisfies the control authority that such person has made the demonstration required by Subsection (a) of this section, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this division, the NPDES permit, or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
Representatives of the Township, control authority, state and
EPA, upon showing proper identification, shall have the right to enter
and inspect the premises of any user who may be subject to the requirements
of this division. Nondomestic users shall allow authorized representatives
of the Township, control authority, state and EPA access to all premises
for the purpose of inspecting, sampling, examining records or seize
for purposes of copying records in the performance of their duties.
Authorized representatives of the Township, control authority, state
and EPA shall have the right to place on the user's property
such devices as are necessary to conduct sampling and monitoring.
Where a user has security or safety measures in force which would
require clearance, training, or wearing of special protective gear,
the user shall make necessary arrangements at its own expense to enable
authorized representatives of the Township, control authority, state,
and EPA to enter and inspect the premises as guaranteed by this section.
(a)
Representatives of the Township or control authority, upon showing
proper identification, shall have the right to enter and inspect the
premises of any domestic user for the purpose of inspecting any piping
or connection to the wastewater system for unauthorized connection
of roof drains, footing drains, or other stormwater or groundwater
discharges to the wastewater system. On request by an authorized representative
of the Township or control authority, the owner, lessee, or occupant
of any premises shall furnish to the Township or control authority
any pertinent information regarding the piping system or systems on
such premises. Refusal to provide such requested access or information
shall be deemed evidence of the presence of an authorized connection
and the discharge of stormwater or groundwater.
(b)
If an authorized representative of the Township or control authority
has been refused access to any part of a user's premises, and
the Township or control authority is able to demonstrate probable
cause that a violation of this division has occurred, or demonstrate
that there is a need to inspect as part of a routine inspection and
sampling program designed to verify compliance with this division
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the Township or control
authority may seek issuance of a search warrant from any court of
competent jurisdiction.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter 1, Subchapter N. Direct dischargers with NPDES permits modified or reissued to provide a variance pursuant to Section 301(i)(2) of the Act[1] shall be required to meet compliance dates set in any
applicable categorical pretreatment standard. Existing sources which
become significant industrial users subsequent to promulgation of
an applicable pretreatment standard shall be considered existing significant
industrial users except where such sources meet the definition of
a new source as defined in 40 CFR 403.3(m). New sources shall install
and have in operating condition and shall start up all pollution control
equipment required to meet applicable pretreatment standards before
beginning to discharge. Within the shortest feasible time (not to
exceed 90 days), new sources must meet all applicable pretreatment
standards.
[1]
Editor's Note: See 33 U.S.C. § 1311(i)(2).
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the control
authority may convert the limits to equivalent limitations expressed
either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users.
(b)
Equivalent limitations calculated in accordance with 40 CFR 403.6(c)(3)
and (c)(4) shall be deemed pretreatment standards for the purposes
of Section 307(d) of the Act and 40 CFR Part 403. Industrial users
will be required to comply with the equivalent limitations in lieu
of the promulgated categorical pretreatment standards from which the
equivalent limitations were derived.
(c)
40 CFR 403.6(c)(6) and (c)(7) shall apply to those industrial users
for whom equivalent mass or concentration limits are calculated.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Categorical pretreatment standards may be adjusted to reflect
the presence of pollutants in the industrial user's intake water
in accordance with 40 CFR 403.15.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The control authority may, at its discretion and subject to
the conditions of 40 CFR 403.7, grant removal credits to reflect removal
by the POTW of pollutants specified in the categorical pretreatment
standards.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
The control authority is authorized to inspect any existing building
service sewer and drain, lateral or collecting sewers that discharge
wastewater directly or indirectly to the POTW. If it is found that
such lateral or collecting sewers are used or maintained in such a
way as to cause discharge of septic wastewater or groundwater or debris
which exceeds the design criteria of said sewer or any other substance
deemed objectionable, the control authority will give notice of the
unsatisfactory condition to the person responsible for such discharge
and shall direct that the condition be corrected.
(b)
In cases of noncompliance continuing after such directive, the control
authority, in its discretion, may discontinue service to persons responsible
for such discharge.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
No person shall discharge or cause to be discharged to a sanitary
sewer, either directly or indirectly, any nondomestic waste that creates
a stoppage, plugging, breakage, reduction in sewer capacity or any
other damage or loss to any public sewer, the POTW or the control
authority. The person causing such discharge shall indemnify the control
authority for any additional sewer maintenance expenses, or any other
resulting costs or expenses, including attorney fees, caused by such
a discharge.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Every user of the POTW shall provide, when deemed necessary by the control authority, protection from accidental discharge into the sewage system of nondomestic wastes or liquid materials which could otherwise result in a violation of Section 34-226 or other nondomestic wastes.
|
Subdivision VII. Permit and Monitoring Requirements; Bypass
and Upset Provisions
|
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
When a wastewater discharge permit is required. The control authority may, in its discretion, require that an existing potential nondomestic user procure and maintain in effect a wastewater discharge permit, issued by the control authority, as a condition precedent to making any discharge to the POTW. The control authority may require an existing or potential user to obtain a wastewater discharge permit whenever it shall reasonably determine that the user is an SIU or MIU as defined in Section 34-121 of this division.
(b)
Permit application. Users required to obtain a wastewater discharge
permit shall complete and file with the control authority an application,
in the form prescribed by the control authority, and accompanied by
a fee as required in this division. Proposed new nondomestic users
shall apply for a wastewater discharge permit at least 90 days prior
to connecting to or contributing to the POTW. In support of the application,
the user shall submit, in units and terms appropriate for evaluation,
the following information:
(1)
Name, address, and location (if different from the address)
and name of owners and operator;
(2)
Standard industrial classification (SIC) code of both the industry
as a whole and any process for which categorical pretreatment standards
have been promulgated;
(3)
Wastewater constituents and characteristics, including, but not limited to, those mentioned in Section 34-268 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended;
(4)
Time and duration of discharge;
(5)
Daily maximum, daily average, and monthly average wastewater
flow rates, including daily, monthly and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation and a current water use schematic;
(7)
Description of activities, facilities and industrial processes
on the premises, including all materials which are or could be discharged;
(8)
The nature and concentration of any pollutants in the discharge
which are limited by any Township, state, or federal pretreatment
requirements and a statement signed by an authorized representative
of the user regarding whether or not the pretreatment standards are
being met on a consistent basis and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required
for the user to meet applicable pretreatment standards;
(9)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
user will provide such additional pretreatment. The completion date
in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. The following conditions
shall apply to this schedule:
a.
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards, e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.
b.
No increment referred to in Subsection (b)(9)a. of this section
shall exceed nine months.
c.
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the control authority, including, as a minimum, whether or not
it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
user to return the construction to the schedule established. In no
event shall more than nine months elapse between such progress reports
to the control authority.
(10)
Each product and/or by-product produced by type, amount, process
or processes and rate of production;
(11)
Type and amount of raw materials processed (average and maximum
per day);
(12)
Number and type of employees, and hours of operation of facility
and proposed or actual hours of operation of pretreatment system;
(13)
List of any environmental control permits held by or for the
facility;
(14)
Any other information as may be deemed by the control authority
to be necessary to evaluate the wastewater discharge permit application;
(15)
The control authority will evaluate the data furnished by the
user and may require additional information. After evaluation and
acceptance of the data furnished, the control authority may issue
a wastewater discharge permit subject to terms and conditions provided
herein.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Wastewater discharge permits shall contain, as appropriate,
the following:
(1)
Statement of duration (not greater than five years), including issuance
and expiration dates;
(2)
Effluent limitations based on the more stringent of categorical pretreatment
standards, local limits as established by this division, state and
local law or the combined wastestream formula as outlined in 40 CFR
403.6(e);
(4)
Requirements to pay fees for the wastewater to be discharged to the
POTW;
(5)
Limitations on the average and maximum rate and time of discharge
or requirements for flow regulation and equalization, including the
maximum monthly flow which shall be permitted by a user;
(6)
Requirements for installation and maintenance of inspection and sampling
facilities;
(7)
Requirements and specifications for monitoring programs, including
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(8)
Compliance schedules;
(9)
Requirements for submission of technical reports, discharge reports
or certification statements. These include any reporting requirements
contained in a national categorical pretreatment standard or pretreatment
requirement;
(10)
Requirements for collecting/retaining and providing access to
facility records relating to the user's discharge and for providing
entry for sampling and inspection;
(11)
Requirements for notification of any new introduction of wastewater
constituents or any substantial change in the volume or character
of the wastewater treatment system;
(12)
Requirements for notification of spills or potential problems
to the POTW, including slug loadings, upsets or violations;
(13)
Requirements for installation, operation and maintenance of
pollution control equipment;
(14)
Requirements to develop and implement spill and slug control
plans;
(15)
Other conditions as deemed appropriate by the control authority
to ensure compliance with this division, state and federal pretreatment
standards and requirements, including a requirement that the user
shall deliver to the control authority a copy of the permit which
is acknowledged, agreed to and executed by an authorized representative
of the user in order for the permit to be effective;
(16)
Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements;
(17)
Statement of nontransferability;
(18)
Conditions for modification or revocation of permit.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Wastewater discharge permits shall be issued for a specified
time period, not to exceed five years. The user shall apply for permit
reissuance at least 180 days prior to the expiration of the user's
existing permit.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by Section 34-308, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the control authority within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Section 34-308(b)(8) and (9).
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Wastewater discharge permits are issued to a specific process
or operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation without prior approval of the control
authority.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Any aggrieved person, including a nondomestic user, may petition
the administrative committee to reconsider the terms of a local wastewater
discharge permit (for purposes of this section, "permit") within 30
days of the permit issuance.
(1)
Failure to file a timely petition for review of the permit issuance
shall be deemed a waiver of any and all administrative appeal rights.
(2)
In the appeal petition, the appealing party shall indicate those
portions of the permit objected to; the reasons for the objection;
and any alternative conditions, if any, the applicant seeks to establish
in the permit.
(3)
During the pendency of the appeal, all terms and conditions of the
newly issued permit which are not contested shall remain in full force
and effect. During the pendency of the appeal and until a final administrative
determination by the administrative committee, the prior permit requirements
shall apply to any contested portions.
(4)
The administrative committee shall deny the appeal; grant the appeal;
or grant the appeal with conditions within 30 days of the appeal request.
The administrative committee may table the additional appeal request
within the thirty-day period to request additional information from
the applicant. The decision of the administrative committee shall
be final administrative action for purposes of judicial review.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Nondomestic users shall provide and maintain in safe and proper condition,
at their own expense, facilities to allow the authorized representatives
of the control authority, EPA or the state to inspect, sample, or
measure flows from wastewater subject to this division.
(b)
There shall be ample room in or near facilities to allow accurate
sampling and preparation of samples for analysis.
(c)
If locating such facilities on a user's property would be impractical,
the user may apply to the Township for a right-of-way or for permission
to construct on public property.
(d)
Manhole.
(1)
The control authority may require a suitable control manhole
located on the nondomestic user's premises, which shall be installed
on the building sewer when deemed necessary by the control authority.
When such a location would be impractical or cause undue hardship
on the user, the Township may allow such facility to be constructed
in the public right-of-way, with the approval of the public agency
having jurisdiction over such right-of-way, and located so that it
will not be obstructed by public utilities, landscaping or parked
vehicles. The manhole shall be installed by the owner at his expense,
and shall be maintained by him to be safe and accessible at all times.
(2)
Whether constructed on public or private property, the control
manhole shall be constructed in accordance with the control authority's
requirements and all applicable construction standards and specifications.
(3)
When more than one user can discharge into a common sewer, the
control authority may require installation of separate monitoring
equipment and control manholes for each user. When there is a significant
difference in wastewater constituents and characteristics produced
by different operations of a single user, the control authority may
require that separate monitoring facilities be installed for each
separate discharge.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Bypass not violating applicable pretreatment standards or requirements. A nondomestic user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to Subsections (b) and (c) of this section.
(b)
Notice.
(1)
If a nondomestic user knows in advance of the need for a bypass,
it shall submit prior notice to the superintendent, if possible at
least 10 days before the date of the bypass.
(2)
A nondomestic user shall orally notify the superintendent of
an unanticipated bypass that exceeds applicable pretreatment standards
or requirements within 24 hours of becoming aware of the bypass. A
written submission shall also be provided within five days of becoming
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact times and dates, and if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent recurrence of the bypass.
(c)
Prohibition of bypass.
(1)
A bypass is prohibited; and the control authority may take enforcement
action against an individual user for a bypass, unless:
a.
The bypass was unavoidable to prevent loss of life, personal
injury or severe property damage;
b.
There are no feasible alternatives to bypass, such as use of
auxiliary treatment facilities, retention of wastes or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate backup equipment should have been installed
to prevent bypass which occurred during normal periods of equipment
downtime or preventative maintenance;
(2)
The control authority may approve an anticipated bypass, after
considering its adverse effects, if the control authority determines
that it will meet the three conditions listed in Subsection (c)(1)
of this section. However, such approval does not limit cost recovery
by or indemnification of the control authority.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of Subsection (b) of this section are met.
(b)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs
or other relevant evidence, that:
(1)
An upset occurred and the user can identify the cause of the
upset;
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
(3)
The user has submitted the following information to the superintendent
and control authority within 24 hours of becoming aware of the upset.
If this information is provided orally, a written submission must
be provided within five days:
a.
A description of the discharge and cause of noncompliance;
b.
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue;
c.
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(c)
In any enforcement proceeding, the industrial user seeking to establish
the occurrence of an upset shall have the burden of proof.
(d)
In the usual exercise of prosecutorial discretion, control authority
enforcement personnel should review any claims that noncompliance
was caused by an upset. No determinations made in the course of the
review constitute final control authority action subject to judicial
review. 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.
(e)
A nondomestic user shall control production and all discharges to
the extent necessary to maintain compliance with pretreatment standards
upon reduction, loss, or failure of its treatment facility until the
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. This may not be a defense against cost recovery by
or indemnification of the control authority.
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Subdivision VIII. Reporting
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[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Users subject to national categorical pretreatment standards shall
submit baseline reports to the control authority on a form prescribed
and furnished by the control authority.
(b)
Within 180 days after the effective date of a national categorical
pretreatment standard, or 180 days after a final administrative decision
has been made upon a categorical determination submission in accordance
with 40 CFR 403.6(a)(4), whichever is later, nondomestic users which
are existing sources subject to such national categorical pretreatment
standards and currently discharging to the POTW shall submit a properly
completed baseline report.
(c)
New sources, when subject to a national categorical pretreatment
standard, shall submit a baseline report at least 90 days prior to
commencement of discharge to the POTW.
(d)
In support of the baseline report, the nondomestic user shall submit,
in units and terms specified in the application, the following information:
(1)
Name and address of the facility, including the name of the
operator and owners.
(2)
List of any environmental control permits held by or for the
facility.
(3)
Brief description of the nature, average rate of production,
and standard industrial classification of the operations carried out
by such user. This description shall include a schematic process diagram
indicating points of discharge to the POTW from the regulated processes.
(5)
The nondomestic user shall identify the national categorical
pretreatment standards applicable to each regulated process, and shall:
a.
Submit the results of sampling and analysis identifying the
nature and concentration of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentrations
shall be reported. The sample shall be representative of daily operations.
b.
A minimum of four grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organics. For
all other pollutants, twenty-four-hour composite samples must be obtained
through flow-proportional composite sampling techniques where feasible.
The control authority may waive flow-proportional composite sampling
for any industrial user that demonstrates that flow-proportional sampling
is infeasible. In such cases, samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four grab samples
where the user demonstrates that this will provide a representative
sample of the effluent being discharged.
c.
A nondomestic user shall take a minimum of one representative
sample to compile that data necessary to comply with the requirements
of this subsection.
d.
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 40 CFR 403.6(e) in order to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit, along with supporting data, shall be submitted
to the control authority.
(6)
A nondomestic user shall provide a statement, reviewed by an
authorized representative of the user, indicating whether national
categorical pretreatment standards are being met on a consistent basis
and, if not, whether additional operation and maintenance measures
(O&M) or additional pretreatment is required for the user to meet
the national categorical pretreatment standards.
(7)
If additional pretreatment or O&M will be required to meet
the national categorical pretreatment standards, the user will provide
the shortest schedule which will provide such additional pretreatment
O&M. The completion date in this schedule shall not be later than
the compliance date established for the applicable national categorical
pretreatment standard, or as follows:
a.
Where the user's national categorical pretreatment standard
has been modified by a removal allowance (40 CFR 403.7) or the combined
wastestream formula [40 CFR 403.6(e)], or net/gross calculations (40
CFR 403.15), at the time the user submits a baseline report containing
the information required in Subsections (d)(6) and (7) of this section
pertaining to the modified limits.
b.
If the national categorical pretreatment standard for the user
is modified after the baseline report is submitted, the industrial
user shall make any necessary amendments to information provided as
a response to Subsections (d)(6) and (7) of this section and submit
them to the control authority within 60 days after the modified limit
is approved.
(8)
The following conditions shall apply to any schedule submitted
in response to Subsection (d)(7) of this section:
a.
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable national categorical pretreatment
standards, e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.
b.
No increment referred to in Subsection (d)(8)a. of this section
shall exceed nine months.
c.
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the control authority, including, at a minimum, whether or not
it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
industrial user to return the construction to the schedule established.
In no event shall more than nine months elapse between such progress
reports to the control authority.
(9)
Such other information as may be reasonably requested by the
control authority.
(e)
The control authority may allow the submission of a baseline report
which utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
Within 90 days following the date for final compliance with
applicable categorical pretreatment standards or, in the case of a
new source, following commencement of the introduction of wastewater
into the POTW, any user subject to categorical pretreatment standards
shall submit to the control authority a report indicating the nature
and concentration of all pollutants in the discharge from the regulated
process which are limited by such standards and the average and maximum
daily flow for these process units in the user facility which are
limited by such pretreatment standards or requirements. Where equivalent
mass or concentration limits are established by the control authority
for a user, this report shall contain a reasonable measure of the
user's long-term production rate. Where a user is subject to
categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production, the report shall include
the user's actual production during the appropriate sampling
period. The report shall state whether the applicable pretreatment
standards are being met on a consistent basis and, if not, what additional
O&M and/or pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards. This statement shall be
signed by an authorized representative of the user.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
(a)
Any user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Section 34-336(d)(4). At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the reports described in this subsection are to be submitted.
(b)
The control authority may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards.
(c)
For users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 40 CFR 403.6(c), the report required by Subsection (a) of this section shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by Subsection (a) of this section shall include the user's actual average production rate for the reporting period.
(d)
Significant noncategorical industrial users shall submit to the control
authority at least once every six months (on dates specified by the
control authority) a description of the nature, concentration, and
flow of the pollutants required to be reported by the control authority.
In cases where the pretreatment standard requires compliance with
a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by the control authority
or the pretreatment standard necessary to determine the compliance
status of the user.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
The reports required by Sections 34-308, 34-336, 34-337, 34-338, 34-340 and 34-341 shall be based on sampling and analysis performed in the period covered by the report, at the location set forth by the control authority, and performed in accordance with the sampling and analysis techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EGLE or the control authority determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the control authority or other persons, approved by the EGLE. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the control authority itself collects all the information required for the report, the user will not be required to submit the report.
(b)
If sampling performed by a user indicates a violation, the user shall
notify the superintendent within 24 hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the superintendent within
30 days after becoming aware of the violation, except the user is
not required to resample if:
(c)
The reports required in Section 34-338(a) and (d) shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(d)
If an industrial user subject to the reporting requirement in Sections 34-308, 34-336, 34-337, 34-338, 34-340 and 34-341 monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
[Added 1-12-2012 by Ord.
No. SUA-2; amended 10-10-2019 by Ord. No. 2019-5]
The control authority may require industrial users to conduct
self-monitoring. The control authority shall determine the frequency
of self-monitoring necessary to assess and assure compliance by the
industrial user with applicable pretreatment standards and requirements.
The control authority may require the industrial user to provide a
split of self-monitoring samples. The control authority shall require
appropriate reporting from industrial users required to conduct self-monitoring.
[Added 1-12-2012 by Ord.
No. SUA-2; amended 10-10-2019 by Ord. No. 2019-5]
All sampling and analyses conducted shall be performed in accordance
with the procedures and methods detailed in the most current version
of:
(1)
"The Guidelines Establishing Test Procedures for the Analysis
of Pollutants," 40 CFR Part 136, as amended.
(2)
"Standard Methods for the Examination of Water and Wastewater,"
American Public Health Association.
(3)
"Manual of Methods for Chemical Analysis of Water and Wastes,"
United States Environmental Protection Agency.
(4)
Any other method as may be approved by the control authority.
[Added 1-12-2012 by Ord.
No. SUA-2; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Each laboratory utilized by industries conducting self-monitoring
as required by the control authority shall be approved by the control
authority and required to operate a formal quality control program
as outlined in the most current version of:
(b)
Laboratories conducting analyses for industrial users must submit
a copy of the formal quality control documentation prior to approval
by the control authority. Approval of laboratories shall be subject
to periodic review. The control authority shall have the right to
issue blind standards to be analyzed by other laboratories being utilized
for self-monitoring. In the case of resolving disputes between analytical
data generated by the control authority and another laboratory, any
data without documented supporting quality control data will be rejected.
[Added 1-12-2012 by Ord.
No. SUA-2; amended 10-10-2019 by Ord. No. 2019-5]
(a)
The reports required by Sections 34-336, 34-337, 34-338, 34-340 and 34-341 shall be based on sampling and analysis performed in the period covered by the report, at the location set forth by the control authority, and performed in accordance with the sampling and analysis procedures as outlined in Section 34-339.2. This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the control authority itself collects all the information required for the report, the user will not be required to submit the report.
(b)
If sampling performed by a user indicates a violation, the user
shall notify the superintendent within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the superintendent
within 30 days after becoming aware of the violation, except the user
is not required to resample if:
(c)
If the control authority performs the sampling for the SIU under Section 34-339.4(b), the control authority shall perform any required repeat sampling and analysis within 30 days of becoming aware of a violation.
(d)
The reports required in Section 34-338(a) and (d) shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(e)
If an industrial user subject to the reporting requirement in Section 34-336, 34-337, 34-338, 34-340 and 34-341 monitors any pollutant more frequently than required by the control authority, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(g)
The reports required in Sections 34-336, 34-337, 34-338(a), 34-338(d) and 34-340 must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The control authority shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge, and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organic compounds and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate.
[Ord. No. SUA-1, 9-12-1996; amended 1-12-2012 by Ord. No. SUA-2; 10-10-2019 by Ord. No. 2019-5]
Every significant noncategorical industrial user shall submit
to the control authority at least once every six months (on a date
specified by the control authority) a description of the nature, concentration,
and flow of the pollutants required to be reported by the control
authority. These reports shall be based on sampling and analysis performed
in the period covered by the report, and performed in accordance with
the techniques described in 40 CFR Part 136 and amendments thereto.
Where 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the EGLE or control authority
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other
applicable sampling and analytical procedures suggested by the control
authority or other persons, approved by the EGLE. In cases where the
pretreatment standard requires compliance with a best management practice
(BMP) or pollution prevention alternative, the user must submit documentation
required by the control authority or the pretreatment standard necessary
to determine the compliance status of the user. This sampling and
analysis may be performed by the control authority in lieu of the
significant noncategorical industrial user. Where the control authority
itself collects all the information required for the report, the significant
noncategorical industrial user will not be required to submit the
report.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The control authority may require appropriate reporting from
those industrial users with discharges that are not subject to categorical
pretreatment standards and are not otherwise deemed by the control
authority to be significant.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
(a)
Any nondomestic user, except as specified in Subsection (e) of this section, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261, shall notify the control authority in writing of such discharge.
(b)
All hazardous waste notifications shall include:
(1)
The name of the hazardous waste as set forth in 40 CFR Part
261;
(2)
The EPA hazardous waste number;
(3)
The type of discharge (continuous, batch, or other); and
(4)
A certification that the user has a program in place to reduce
the volume and toxicity of hazardous wastes generated to the degree
it has determined to be economically practical.
(c)
In addition to the information submitted in Subsection (b) of this section, nondomestic users discharging more than 100 kg of hazardous waste per calendar month to the POTW shall contain, to the extent such information is known and readily available to the nondomestic user:
(1)
An identification of the hazardous constituents contained in
the waste;
(2)
An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month; and
(3)
An estimation of the mass of constituents in the wastestream
expected to be discharged during the following 12 months.
(d)
Hazardous waste notifications shall be submitted no later than February 19, 1991, except that IUs commencing the discharge of listed or characteristic hazardous wastes after August 23, 1990, shall provide the notification no later than 180 days from the discharge of the wastes. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharges must also be submitted under Section 34-275(b).
(e)
Nondomestic users are exempt from the hazardous waste notification
requirement during a calendar month in which they discharge 15 kg
or less of nonacute hazardous wastes. Discharge of any quantity of
acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e)
requires a one-time notification.
[Ord. No. SUA-1, 9-12-1996; amended 10-10-2019 by Ord. No. 2019-5]
The reports required in Sections 34-336, 34-337, 34-338, 34-340 and 34-341 shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed as follows:
(a)
By a responsible corporate official, if the industrial user submitting
the reports is a corporation. For the purpose of this subsection,
a responsible corporate official means:
(1)
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policymaking or decisionmaking functions
for the corporation; or
(2)
The manager of one or more manufacturing, production, or operation
facilities employing 250 persons or having gross annual sales or expenditures
exceeding $25,000,000 (in second quarter 1980 dollars), if authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(b)
By a general partner or proprietor if the industrial user submitting
the reports is a partnership or sole proprietorship respectively.
(c)
By a duly authorized representative of the individual designated
in Subsection (1) or (2) of this section if:
(2)
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the industrial discharge originates, such as the position of
plant manager, or a position of equivalent responsibility, or having
overall responsibility for environmental matters for the company;
and
(3)
The written authorization is submitted to the control authority.
(d)
If an authorization under Section 34-316(c) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Section 34-316(c) must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
