Users shall provide necessary wastewater treatment as required
to comply with all applicable pretreatment standards and requirements
within the time limitations specified by applicable law or regulation,
and as required to comply with the requirements of a user permit or
order issued pursuant to this chapter. All facilities required to
pretreat discharges shall be provided, operated, and maintained at
the user's sole expense. Detailed, professionally signed and
sealed plans showing the pretreatment facilities, specifications,
and operating procedures shall be submitted to the POTW for review
and approval prior to construction. The POTW may approve, approve
with conditions, or disapprove the plans, specifications and operating
procedures. A user shall not begin discharging from the treatment
facilities until facilities have been approved and all conditions
and requirements of the approval have been met as determined by the
Director. The review and approval by the Director of such plans and
operating procedures does not in any way relieve the user from the
responsibility of modifying the facility as necessary to produce an
effluent acceptable to the POTW under the provisions of this chapter.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be approved by the Director prior
to the user's initiation of the changes. (Users shall notify
the POTW regarding the installation of new pretreatment facilities
or modification of existing facilities as provided by § 28-08.07
of this chapter.)
A user shall at all times properly operate and continuously
maintain, at the user's sole expense, all facilities and systems
of treatment and control (and related appurtenances) that are installed
or used by the user to comply with the requirements of this chapter.
Proper operation and maintenance includes, without limitation, effective
performance, adequate funding (including replacement costs), adequate
operator staffing, and adequate quality assurance/quality control
(QA/QC) procedures for sampling and analysis, so as to provide adequate
wastewater collection and treatment on a continuing basis, to conform
with all local, state and federal laws and regulations, and to assure
optimum long-term management of the facilities and system.
Solids, sludges, filter backwash, or other pollutants removed
in the course of treatment or control of wastewaters shall be disposed
of in accordance with Section 405 of the Clean Water Act[1] and Subtitles C and D of the Resource Conservation and
Recovery Act,[2] and other applicable local, state, and federal laws and
regulations.
Upon reduction of efficiency of operation, or loss, or failure
of all or part of a user's pretreatment equipment or facility,
the user shall, to the extent necessary to maintain compliance with
categorical pretreatment standards and other applicable standards,
requirements, and limits, control its production and all discharges
until operation of the equipment or facility is restored or an alternative
method of treatment is provided. This requirement applies in situations,
including, without limitation, where the primary source of power for
the pretreatment equipment or facility is reduced, lost, or fails.
It shall not be a defense for a user in an enforcement action that
it would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the conditions of this chapter.
A user shall take all reasonable steps to minimize or correct
any adverse impact to the POTW or the environment resulting from noncompliance
with this chapter, including such accelerated or additional monitoring
as necessary to determine the nature and impact of the noncomplying
discharge.
Except as otherwise expressly required by this chapter, by a
user permit, by an order or other determination of the Director, or
by other applicable law or regulation, the prohibitions and limitations
provided by this chapter or a user permit shall apply at the point
where wastewater and pollutants are discharged or caused to be discharged
into the POTW and any required pretreatment shall, at a minimum, be
completed before that point of discharge is reached.
A.
The Director may require any user to develop and implement best
management practices to control, contain, treat, prevent, or reduce
the discharge of wastewater, pollutants or other substances from the
user's premises to the POTW, as determined necessary by the Director.
B.
In addition, the Director may require a user to develop and
submit a best management practices plan (BMPP), including an enforceable
implementation schedule, for review and approval by the Director.
The BMPP shall be submitted within 30 days after notification by the
Director or as otherwise required by a user permit. The BMPP shall
be directed at preventing the entrance of pollutants, directly or
indirectly, into the POTW. The BMPP shall be available for inspection
at all times at the user's premises. At a minimum, a user's
BMPP shall contain all of the following elements, as determined necessary
by the Director, at a level of detail and in units and terms as determined
necessary by the Director to adequately evaluate the plan:
(1)
A statement of the purpose and objectives of the plan.
(2)
A description of the strategies, methods, policies and procedures
to prevent, minimize or reduce the introduction of pollutants into
the user's discharge and to minimize waste generation.
(3)
A description of the options available to the user to control
accidental spillage, leaks and drainage.
(4)
A description of best available or practicable control technologies
available for the user's specific circumstances.
(5)
A detailed facility layout and site diagram showing points of
entry into the POTW.
(6)
A description of the waste handling, treatment and discharge
disposal facilities, including flow diagrams and process schematics.
(7)
A description of operating and maintenance processes and procedures.
(8)
Inventory of raw materials and a list of waste sources, including
a list of all chemicals used or stored at the facility.
(9)
A description of employee training programs, policies and procedures;
continuing education programs; and participation.
(10)
A description of documentation, including recordkeeping and
forms.
(11)
A description of monitoring activities.
(12)
Information log of facility personnel, organization chart, emergency
phone numbers, contact persons and maintenance or service representatives.
(13)
Certification by a qualified professional that the plan is adequate
to prevent spills, leaks, slug loads, or noncustomary discharges of
regulated substances, directly or indirectly, to the POTW.
(14)
Such other information, documents or diagrams as required by
the Director, including, but not limited to, any of the information
required under § 28-07.04 of this chapter.
C.
The BMPs or BMPP required of a user or approved for a user shall
be incorporated in a user permit issued to the user. If the user already
has a user permit, the existing permit may be modified to incorporate
the BMP requirements. If the user does not currently have a user permit,
a permit shall be issued for that purpose.
D.
The Director may require revisions to users BMPP if the Director
determines that the plan contains elements that are inadequate, or
as otherwise determined necessary by the Director to ensure compliance
with applicable requirements of this chapter. Review of a BMPP by
the Director shall not relieve the user from the responsibility to
modify its facility as necessary to comply with local, state and federal
laws and regulations.
A.
General requirements applicable to all FOG interceptors; alternate
FOG pretreatment technology; and sand traps.
(1)
Any user required to install a FOG interceptor, an Alternate
FOG Pretreatment Technology (AFPT), or a sand trap to prevent the
discharge of fats, oils, grease, sand, or other materials to the POTW
shall comply with the minimum requirements as provided by this section,
or the Plumbing Code, whichever requirements are most restrictive,
or as otherwise specified by the Director.
(2)
Interceptors, AFPTs, and traps that are required by this section
shall be provided, cleaned, maintained in proper operating condition,
and kept in continuously efficient operation at all times, at the
sole expense of the owner of the premises.
(3)
All interceptors, AFPTs, and traps shall be of a design, type,
construction, and capacity approved in advance by the Director.
(4)
The installation of all interceptors, AFPTs, and traps shall
be subject to the Director's prior review and written approval.
(5)
All interceptors, AFPTs, and traps shall be located so as to
be readily and easily accessible for maintenance, cleaning and inspection.
(6)
All users required to install and maintain an interceptor, AFPT,
or trap shall develop and carry out a system of maintenance and cleaning
for the interceptor, AFPT, or trap, and shall keep accurate, detailed
written records of the following:
(a)
The maintenance and cleaning schedule;
(b)
The names of the persons who maintained and cleaned
the interceptor, AFPT, or trap, and the dates that the interceptor,
AFPT, or trap was maintained and cleaned; and
(c)
The method of cleaning and disposal location for
removed materials for each maintenance and/or cleaning.
(7)
At a minimum, all interceptors, AFPTs, and traps shall be inspected,
cleaned and maintained according to the manufacturer's specifications
or as otherwise provided by this section, whichever requirements are
more stringent, at the property owner's expense.
(8)
All written records and documentation required to be kept by
this section with regard to interceptors, AFPTs, and traps shall be
kept by the user on the premises for at least three years and shall
be available for review by the Director during all operating hours.
The user shall provide copies of required records to the Director
upon the Director's request at the user's sole cost.
(9)
Any problems with or damage to an interceptor, AFPT, or trap
shall be reported immediately to the property owner and to the Director.
(10)
Any problems with or damage to an interceptor, AFPT, or trap
shall be rectified and/or repaired immediately by the property owner
at the owner's sole cost.
(11)
Interceptor, AFPT, or trap clean-out material, including, but
not limited to, accumulated fats, oils, grease, and sand, shall not
be discharged into the POTW.
(12)
Bacteriological, chemical, or enzymatic products shall not be
used to maintain or clean interceptors, AFPTs, or traps.
(13)
The Director may require sampling and testing of the effluent
from an interceptor, trap, or AFPT to verify that the effluent complies
with applicable pretreatment standards and requirements. The sampling
and testing shall be conducted using the protocols and on a frequency
as specified by the Director.
B.
Requirements for FOG interceptors and AFPTs. A FOG interceptor
or AFPT shall be required for all food service establishments (FSEs),
and may also be required for any other user, premises, or establishment
determined by the Director to have a reasonable potential to adversely
affect the POTW due to discharges of FOG.
(1)
Outdoor FOG interceptors.
(a)
Outdoor FOG interceptors required. All FSEs shall
install, operate, and maintain an outdoor FOG interceptor of a type,
design, construction, and size approved in advance by the Director;
provided that if the Director determines that installation of an outdoor
FOG interceptor would not be economically and/or technically feasible
due to existing circumstances unique to the premises in question,
the Director may instead allow the installation of Alternate FOG Pretreatment
Technology as provided by § 28-16.08B(2). In all cases,
the user shall bear the burden of demonstrating to the Director, at
the user's sole cost, that the installation of an outdoor FOG
interceptor is not feasible and that an alternate FOG pretreatment
technology should instead be allowed.
(b)
Compliance schedule.
[1]
Existing FSEs/users. Any FSE discharging into the
POTW as of the effective date of this chapter (and any other existing
user determined by the Director to have a reasonable potential to
adversely affect the POTW due to discharges of FOG) shall, upon notification
from the Director, submit plans for an outdoor FOG interceptor for
approval by the Director, and shall install and begin operation of
the interceptor, in compliance with the schedule specified by the
Director.
[2]
New FSEs/users. Any FSE that proposes to commence
discharging into the POTW after the effective date of this chapter
(and any other new user determined by the Director to have a reasonable
potential to adversely affect the POTW due to discharges of FOG) shall
submit plans for an outdoor FOG interceptor to the Director for the
Director's approval, and shall install and begin operation of
the interceptor in compliance with the schedule specified by the Director.
In all cases, the interceptor plans must be approved by the Director
prior to submitting plans to the City for a building permit; and the
City shall not issue a building permit for the premises until the
POTW has approved the proposed interceptor plans. Further, the City
shall not issue a certificate of occupancy for the premises until
the interceptor has been installed and deemed acceptable by the Director.
(c)
Minimum design and installation requirements for
outdoor FOG interceptors. Outdoor FOG interceptors shall comply with
all of the following minimum design and installation requirements:
[1]
The interceptor shall provide a minimum capacity
of 1,500 gallons, unless the Director determines that a smaller minimum
capacity is adequate for the premises.
[2]
The interceptor shall have a minimum of two compartments
with fittings designed for FOG retention.
[3]
The interceptor shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in temperature.
[4]
The interceptor shall be installed at a location,
subject to the prior approval of the Director, where it can be easily
accessible for inspection, cleaning, and removal of intercepted FOG,
but shall not be located in any part of a building where food is handled.
[5]
Access manholes, with a minimum diameter of 24
inches, shall be provided over each outdoor FOG interceptor chamber
and sanitary tee. The access manholes shall extend at least to finished
grade, and be designed and maintained to prevent water inflow or infiltration.
The manholes shall also have readily removable covers to facilitate
inspection, FOG removal, and sampling which, when bolted into place,
shall be gastight and watertight.
(d)
Minimum inspection, maintenance, and cleaning requirements
for outdoor FOG interceptors. Outdoor FOG interceptors shall comply
with all of the following minimum maintenance, cleaning, and inspection
requirements:
[1]
At a minimum, an outdoor FOG interceptor shall
be inspected monthly by the property owner, or more often if dictated
by site-specific conditions or if required more frequently by the
Director.
[2]
Pump-out of all accumulated FOG, water, and sludge
shall occur quarterly at a minimum, or more often if the combined
height of floatables and settled solids (including both the top and
bottom layers of solids) exceed 25% of any interceptor compartment
operating depth; if there is a visible discharge of FOG; or if required
more frequently by the Director. The operating depth of a trap shall
be determined by measuring the internal depth from the outlet water
elevation to the bottom of the trap.
[3]
Each pump-out of the interceptor shall be complete
and remove all contents, including removal of the entire grease mat,
liquids, sludges, and solids from screens, baffles, air-relief chambers,
and wash down of interior walls. The interceptor shall be refilled
with clear water before being returned to service.
[4]
The interceptor shall be kept free of inorganic
solid materials such as grit, rocks, gravel, sand, eating utensils,
cigarettes, shells, towels, rags, etc., which could reduce the effective
volume for FOG and sludge accumulation.
[5]
Water removed during pump-out shall not be returned
to the interceptor, and accumulated FOG and sludge shall not be reintroduced
into any drainage piping leading to the public sewer.
[6]
Sanitary wastes shall not be discharged to sewer
lines serviced by an outdoor FOG interceptor without specific prior
approval by the Director.
[7]
The pump-out operation and disposal of the accumulated
FOG, water, and sludge shall be done only by a licensed contractor
and shall be witnessed by the property owner or operator. The Director
shall be notified prior to any scheduled pump-out so that the operation
can be witnessed if desired.
(2)
Alternate FOG pretreatment technology. If the Director determines
that installation of an outdoor FOG interceptor is not required as
provided by § 28-16.08B(1)(a), then the Director may instead
authorize the installation of an Alternate FOG Pretreatment Technology
(AFPT) approved by the Director as provided by this section. The design,
type, construction, capacity, installation, operation, and maintenance
requirements for an AFPT for a user's proposed or existing discharge
shall be as determined by the Director based on nature of the discharge
and the unique circumstances applicable to the premises in question.
(a)
Indoor grease traps. If the AFPT approved by the
Director is an indoor grease trap, the following requirements shall
apply:
[1]
Indoor grease traps shall be installed in all waste
lines from sinks, drains, and other fixtures or equipment where grease
may be discharged to the POTW; provided that no food waste disposal
unit, dishwasher, wastewater or other liquid in excess of 140°
F. (60° C.) shall be discharged into an indoor grease trap. Further,
no acidic or caustic cleaners shall be discharged into an indoor grease
trap.
[2]
Traps shall never be operated without the flow
restrictor supplied by the unit's manufacturer.
[3]
Sizing and installation of the indoor grease traps
shall be subject to the POTW's prior review and written approval.
[4]
Traps shall be inspected and cleaned at least once
per week, or more often if dictated by site-specific conditions, as
needed to be maintained in fully functional and efficient operation,
or as otherwise specifically required by the Director.
[5]
FSEs with indoor grease traps shall employ kitchen
best management practices (BMPs) for pre-cleaning of plates, pots,
pans, and similar methods to minimize grease loadings to the drainage
system. Kitchen BMPs for FSEs shall include, without limitation, dry
wiping of pots and pans prior to washing, use of absorbents on grease
spills prior to mopping, posting of "No Grease" signage on all sinks
and drains not connected to an interceptor or trap, training of personnel
on BMPs, and other practices as determined appropriate by the Director.
(b)
Other AFPT. If the proposed AFPT is a technology
other than indoor grease traps, the FSE shall submit design plans,
installation details, and operation and maintenance procedures to
the Director for prior review and written approval.
C.
Sand and FOG interceptors and traps. Sand and FOG interceptors
and traps may be required by the Director in any premises where the
Director has determined that there is a reasonable potential for sand,
fats, oil, grease, flammable wastes, or other harmful ingredients
to enter the premise's discharges. If a plug or backup occurs
that is caused by any such substance, the Director may require that
premises to install an interceptor or trap as determined appropriate
by the Director. Interceptors and traps shall be required for all
premises engaged in the washing of motor vehicles.
D.
Failure to comply.
(1)
The City shall have the right to enter and inspect any premises
where an interceptor, AFPT, or trap is required to be installed for
purposes of determining compliance with the requirements of this section
and as otherwise provided by § 28-17.01 of this chapter.
(2)
If a user fails to provide or maintain a required interceptor/AFPT,
the City may do so (or cause the same to be done) and charge all of
the costs to the user.
(3)
The failure of any premises where an interceptor/AFPT is required
to comply with this section may subject the violator to enforcement
action and the remedies that are available by law and the terms of
this chapter, including, but not limited to, termination of the discharges
from the premises to the POTW.
E.
Permits. The Director may issue and/or require a user permit
for any user discharging FOG or sand to the POTW; provided that the
provisions of this § 28-16.08 shall apply whether or not
a user permit is issued. User permits may include requirements that
are more stringent than, or in addition to, the requirements specified
by this section, as determined appropriate by the Director.
A.
AMALGAM SEPARATOR
CODE
DENTAL AMALGAM
DENTAL AMALGAM WASTE
(1)
(2)
(3)
(4)
DENTAL DISCHARGER
DENTIST
DEPARTMENT
DISCHARGE
HOLDING TANK
Definitions. For purposes of this § 28-16.09 only,
the following definitions shall apply.
A device designed to remove dental amalgam waste particles
from dental office wastewater.
The Michigan Public Health Code, 1978 PA 368, MCL §§ 333.1101
to 333.25211. Terms defined in the Code have the same meanings when
used in this § 28-16.09.
A mixture of mercury and other metals used as a dental restorative
material.
Waste from a dental office containing any of the following:
Contact amalgam waste, which means dental amalgam that has been
in contact with the patient including, but not limited to, extracted
teeth with dental amalgam restorations; carving scrap collected at
chair-side; and dental amalgam captured by chair-side traps, vacuum
pump filters, amalgam separators, or other dental amalgam capture
devices.
Non-contact amalgam scrap, which means dental amalgam that has
not been in contact with the patient including, but not limited to,
excess dental amalgam mix remaining at the end of a dental procedure.
Empty amalgam capsules, which means individually dosed containers
left over after mixing precapsulated dental amalgam.
Dental amalgam that may have accumulated in the plumbing system
or that is found in other areas of a dental office.
For purposes of compliance with § 28-16.09G only,
"dental discharger" means a facility where the practice of dentistry
is performed, including, but not limited to, institutions, permanent
or temporary offices, clinics, home offices, and facilities owned
and operated by federal, state or local governments, that discharges
wastewater the POTW.
An individual licensed under Section 16611 of the code[1] who uses or removes dental amalgam or who owns or operates
a dental office that generates dental amalgam waste.
The Michigan Department of Licensing and Regulatory Affairs.
The release of any dental amalgam waste into the environment.
This includes any releases to land, ground or surface waters, septic
systems, or wastewater treatment systems.
A closed, watertight, sealed structure designed and used
to receive and store wastewater. Holding tanks are designed and constructed
for ultimate disposal of collected wastewater at another site.
[1]
Editor's Note: See MCL § 333.16611.
B.
Amalgam separator; installation and operation; requirements.
(1)
On or before December 31, 2013, a dentist shall install, or
shall have installed, an amalgam separator on each wastewater drain
in his or her dental office that is used to discharge dental amalgam
waste. In addition to meeting the requirements of the code and this
§ 28-16.09, a dentist who is required to install an amalgam
separator shall comply with all of the following:
(a)
Install an amalgam separator that meets the requirements
of § 28-16.09C.
(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 § 28-16.09C(1)(a).
(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.
(2)
Section 28-16.09B(1) shall not apply to any of the following:
oral and maxillofacial surgeons; oral and maxillofacial radiologists;
oral pathologists; orthodontists; periodontists; dentists while providing
services in a dental school, in a hospital, or through a local health
department; and dentists who install and use a holding tank and do
not discharge amalgam waste.
C.
Amalgam separator; requirements.
(1)
An amalgam separator that is installed in a dental office under
§ 28-16.09B shall meet all of the following requirements:
(a)
Be certified as passing the International Organization
for Standardization (ISO) 11143:2008 standard for evaluating amalgam
separators.
(b)
Have a removal efficiency of not less than 95%
as determined by the testing required under § 28-16.09C(1)(a),
based on the overall average of the three empty and the three simulated
full test results.
(c)
Be tested and certified by any of the following:
(i) SP Technical Research Institute of Sweden; (ii) TÜV Nord,
Germany; (iii) NSF International; or (iv) both of the following: a
testing laboratory accredited by an accreditation body that is a signatory
to the International Laboratory Accreditation Cooperation's mutual
recognition arrangement and has a scope of accreditation that includes
ISO 11143; and a certification body accredited by an accreditation
body that is a signatory to the International Accreditation Forum's
multilateral recognition arrangement and has a scope of accreditation
that includes ISO 11143.
(2)
Any amalgam separator that meets the requirements of § 28-16.09C(1)
shall qualify as an amalgam separator approved by the Michigan Board
of Dentistry.
D.
Collection, disposal, and recycling of dental amalgam waste;
requirements.
(1)
A dentist shall comply with all of the following:
(a)
Use amalgam only in a precapsulated form.
(b)
Salvage, store, and recycle non-contact and contact
dental amalgam materials, including empty amalgam capsules. As used
in this § 28-16.09D and E, "recycle" or "recycling" means
sending mercury or dental amalgam waste to either the contracted separator
company or a facility in the United States that will reclaim or distill
the mercury for reuse. "Recycle" or "recycling" shall not include
any of the following:
(c)
Collect and recycle extracted teeth or portions
of teeth that contain dental amalgam materials.
(d)
Store all dental amalgam waste in enclosed and
structurally sound containers until a sufficient amount has been collected
for shipment to a reclamation facility or recycler or, at a minimum,
recycled annually.
(e)
Label all containers holding dental amalgam waste.
The label shall include, at a minimum, the title "dental amalgam waste
for recycling" and the date the waste was initially placed in the
container.
(f)
Use chair-side traps to retain amalgam and recycle
the content.
(g)
Recycle all amalgam materials collected in amalgam
separators, vacuum pump filters, chair-side traps or other wastewater
processing devices.
(h)
Ensure that the separators operate properly and
do not become full and bypass. This may include inspecting the separators
annually, halfway through the operating life, or as required by the
manufacturer.
(i)
Follow the steps for the cleanup of mercury spills
at schools and businesses as recommended by the Department at www.michigan.gov/mercury
(or at such other location that such information may hereafter be
provided by the Department).
(2)
A dentist shall not do any of the following:
(a)
Store bulk elemental mercury that is not in capsule
form.
(b)
Put dental amalgam waste down a toilet or drain.
(c)
Put dental amalgam waste or empty amalgam capsules
into trash containers, or biohazard or infectious waste bags.
(d)
Disinfect teeth or any item containing dental amalgam
by autoclaving or using heat.
(e)
Use cleaners containing bleach or chlorine to flush
drains or wastewater lines.
(3)
A dentist shall train and have written procedures for training
dental office staff who manage or dispose of dental amalgam waste
to ensure compliance with this rule.
(4)
This § 28-16.09D shall not apply to a dentist listed
in § 28-16.09B(2). A dentist who installs and uses a holding
tank and does not discharge amalgam waste shall comply with the requirements
of § 28-16.09D(1), (2), and (3), as applicable.
E.
Recordkeeping.
(1)
A dentist who is subject to the provisions of § 28-16.09B(1)
shall maintain records at his or her 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 that the amalgam separator
meets the requirements of § 28-16.09C.
(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
individual's dental office consistent with the requirements of
§ 28-16.09D. The documentation shall include all of the
following:
[1]
Name and address of the collection service or recycler;
[2]
Amount by weight of dental amalgam waste that was collected
and the date it was collected or shipped from the dental office for
recycling;
[3]
Name and address of the facility where the dental amalgam waste
will be recycled; and
[4]
Shipping or manifest papers documenting transfer of the dental
amalgam waste to the recycler.
(2)
The records required under § 28-16.09E(1) shall be
provided upon request to an authorized state official, local public
health department staff, or representative of the City, including,
but not limited to, the Director.
(3)
All records required under § 28-16.09E(1) shall be
retained for a minimum of three years.
F.
Verification. Upon the request of the Director, a dentist who
is subject to the provisions of § 28-16.09B(1) shall verify
in writing that he or she is in compliance with this § 28-16.09
and shall provide the amalgam separator make and year that each separator
was installed.
G.
Federal dental office point source category requirements.
(1)
Dental dischargers subject to 40 CFR Part 441 (Dental Office
Point Source Category), as provided by 40 CFR 441.10, shall comply
with all applicable requirements of 40 CFR Part 441, by the compliance
deadlines stated by those regulations, including but not limited to
the dental office pretreatment standards, best management practices,
and reporting and recordkeeping requirements provided by 40 CFR 441.30,
40 CFR 441.40, and 40 CFR 441.50.
(2)
One-time compliance report (OTCR). Dental dischargers subject
to 40 CFR Part 441 as provided by 40 CFR 441.10 shall comply with
the following requirements in connection with submittal of OTCRs to
the POTW:
(a)
Deadlines. For existing sources, an OTCR must be
submitted to the POTW no later than October 12, 2023, or 90 days after
a transfer of ownership. For new sources, an OTCR must be submitted
to the POTW no later than 90 days following the introduction of wastewater
into the POTW.
(b)
Signature and certification. The OTCR must be signed
and certified by a responsible corporate officer, a general partner
or proprietor if the dental discharger is a partnership or sole proprietorship,
or a duly authorized representative in accordance with the requirements
of 40 CFR 403.12(1).
(c)
Contents. The OTCR shall the information and certifications
required by 40 CFR 441.50(a)(3).
(d)
Transfer of ownership. If a dental discharger transfers
ownership of the facility, the new owner must submit a new OTCR to
the POTW no later than 90 days after the transfer.
(e)
Retention period. As long as a dental discharger
subject to this part is in operation, or until ownership is transferred,
the dental discharger or an agent or representative of the dental
discharger must maintain the OTCR and make it available for inspection
in either physical or electronic form for the periods specified by
40 CFR 441.50(a)(5).
(3)
Additional recordkeeping and retention requirements. Dental
dischargers or an agent or representative of the dental discharger
must maintain and make available for inspection in either physical
or electronic form, for a minimum of three years, the documentation
as provided by 40 CFR 441.50(b).
(4)
Interaction with state and local dental amalgam requirements.
The requirements of 40 CFR Part 441 are incremental to state and local
dental amalgam requirements, including, but not limited to, the requirements
of this chapter and of MCL § 333.16631 (Michigan Public
Health Code, 1978 PA 368, as amended). If 40 CFR Part 441 contains
requirements applicable to dental amalgam that are more stringent
than, or are in addition to, state and local dental amalgam requirements,
the more stringent and additional requirements of 40 CFR Part 441
shall control.
H.
Compliance and enforcement. Failure to comply with the requirements
of this § 28-16.09 is a violation of this chapter and may
result in sanctions as provided by this chapter, or as otherwise provided
for by applicable local, state, and federal laws and regulations.
I.
Permits. The Director may issue and/or require a user permit
for any dentist who uses or removes dental amalgam or who owns or
operates a dental office that generates dental amalgam waste; provided
that the provisions of this § 28-16.09 shall apply whether
or not a user permit is issued. User permits may include any conditions
and requirements that are consistent with the provisions of this § 28-16.09
and as provided by applicable state or federal laws and regulations,
as determined appropriate by the Director.
The POTW may require users to take additional pretreatment measures,
as determined necessary by the Director, including, but not limited
to, the following:
A.
Whenever deemed necessary, the POTW may require users to restrict
their discharge during peak flow periods, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage waste streams from industrial
waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements
of this chapter.
B.
The POTW may require any person discharging into the POTW to
install and continually maintain, on their property and at their expense,
a suitable storage and flow control facility to ensure equalization
of flow, subject to approval by the Director.
C.
Users with the reasonable potential to discharge explosive or
flammable substances may be required to install and maintain an approved
explosion hazard meter, combustible gas detection meter, or similar
device, as determined appropriate by the Director.
