[Prior History: Code 1992, §§ 31-61, 31-62 were
repealed 8-12-2024 by Ord. No. 24-006]
(a)
Purpose. For the purpose of protecting the public health and safety,
the City Council hereby establishes standards and regulations for
the use of public sanitary sewers, private sewers, the installation
and connection of private sewer leads and the discharge of wastewater
or other wastes into the POTW of the City, which standards and regulations
are set out in this article and which are deemed to be the absolute
minimum consistent with the preservation of the public health and
safety and to fulfill the obligations of the City with respect to
the state and federal law and all rules and regulations adopted pursuant
thereto.
(b)
Scope. This article shall apply to the City and to any user discharging
or proposing to discharge wastewater or other wastes to the POTW,
either by permit or agreement, or otherwise discharge under this article.
Another municipality that discharges into the POTW shall adopt an
ordinance which is substantially equivalent to and shall contain at
least all of the sections and requirements in this article and which
is approved by the Director and State of Michigan as being sufficiently
identical.
(c)
This article provides for the regulation of discharges into the POTW
through the issuance of permits to significant industrial users and
through enforcement of this article's requirements against all
dischargers into the POTW. This article authorizes monitoring and
enforcement activities and requires discharger reporting.
[1]
Editor's Note: This ordinance also repealed former §§ 48-81
and 48-82 and renumbered the remaining sections of this article.
[Code 1992, § 31-64; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
The complete POTW of the City shall be and remain under the
management, supervision and control of the City Manager, who may employ
or designate such persons in such capacity as he or she deems advisable
to carry out the efficient management and operation of the POTW. The
City Manager may make such rules, orders or regulations as he or she
deems advisable and necessary to ensure the efficient management and
operation of the POTW, subject, however, to the rights, powers and
duties in respect thereto which are reserved by law to the City Council.
[Code 1992, § 31-65; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
The user of any premises situated within the City upon which is located
a structure in which water is used or is available for household,
commercial, industrial or other purposes shall, at the user's
own expense, cause such premises to be connected to an available public
sanitary sewer, as where required under the terms of Part 127 of Public
Act No. 368 of 1978 (MCL 333.12701 et seq.). Such user shall also
be required to install suitable toilet facilities within such structure.
(b)
The user of any premises situated within the City may be prohibited
from connecting the premises to a sanitary sewer, storm sewer, or
other wastewater facility when it is determined by the Director that
there is no capacity available to properly convey or treat the discharge.
(c)
A user operating an existing nondomestic premises where a public
storm sewer or natural or artificial watercourse is available or becomes
available in the future and is within 100 feet of the user's
property line shall be required, at the user's expense, to install
a connection to convey all cooling water and uncontaminated nondomestic
wastes to such public storm sewer or natural or artificial watercourse
within the time set by the Director, upon a determination by the Director
that such a connection is feasible. Upon making a determination that
such a connection is feasible, the Director shall set a reasonable
time limit within which the user is required to make the connection,
which time limit shall not be less than 90 days nor more than two
years from the time of written notice from the Director to the user
to make such connection.
(d)
The connection to an available public sanitary sewer, as well as
a connection to a public storm sewer or a conduit to a natural or
artificial watercourse for the transport of stormwater or noncontact
cooling water, shall be considered a private sewer lead. The maintenance,
operation, and replacement of such private sewer leads, including
that portion within the City right-of-way and/or under a City street,
shall be the responsibility of the owner from the connection point
at the sewer tap to the premises being served.
[Code 1992, § 31-66; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
Where a public sanitary or combined sewer is not available under § 48-83, the private sewer lead may be connected to a private sewage disposal system approved by the Director.
[Code 1992, § 31-67; 11-23-1992 by Ord. No. 1028; 7-14-1997 by Ord. No. 1124; 10-22-2012 by Ord. No. 1345; 8-12-2024 by Ord. No. 24-006]
(a)
Except as otherwise specifically provided, no user shall discharge
or cause to be discharged any of the following described matter, material,
wastewater or other wastes into the POTW:
(1)
Any liquid or vapor or any pollutants which create a fire or
explosion hazard in the POTW, including, but not limited to, liquids,
solids, or other waste streams with a closed cup flashpoint of less
than 140°F. or 60°C. using the test methods specified in 40
CFR 261.21.
(2)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through.
(3)
Any wastewater or other wastes which may contain more than 50
mg/L of animal or vegetable fat, oil, or grease.
(4)
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquids, solids or gas which could create a fire or explosion
hazard in the POTW.
(5)
Any grease, oil or other substance that will become solid or
viscous at temperatures between 32°F. and 140°F.
(6)
Solid or viscous pollutants in amounts which will cause obstruction
to the flow in the POTW, whether or not the obstruction results in
interference.
(7)
Any garbage that has not been properly shredded.
(8)
Pollutants which will cause corrosive structural damage to the
POTW, but in no case discharges with a pH lower than 6.0 or higher
than 11.0, or other properties capable of causing damage or hazard
to structures, equipment, and personnel of the POTW.
(9)
Any waste flow or batch discharge containing concentrations
of the following, in excess of:
|
1.86 mg/L of Zinc as Zn
|
|
3.98 mg/L of total Chromium as Cr
|
|
0.56 mg/L of Silver as Ag
|
|
3.2 mg/L of Copper as Cu
|
|
0.43 mg/L of Cadmium as Cd
|
|
<0.0002 mg/L or non-detect (ND) of
Mercury as Hg (nondetectable using EPA method 245.1)
|
|
0.00013 mg/L of Perfluorooctanesulfonic acid as PFOS
|
(10)
Any pollutant, including, but not limited to, oxygen demanding
pollutants (BOD, etc.), phosphorous, ammonia, nitrates, sugars or
other nutrients in a discharge at a flow rate and/or pollutant concentration
which will cause interference or pass-through or other adverse effect
to the POTW.
(11)
Any paints, oils, lacquers, thinners or solvents, including
any waste containing a toxic or deleterious substance, in sufficient
quantity to impair the equipment and/or treatment process of the POTW
or constitute a hazard to employees working on the POTW.
(12)
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute health
and safety problems or a public nuisance.
(13)
Any wastewater or other wastes containing TSS of such character
and quantity that unusual attention or expense is required to handle
such materials in the POTW.
(14)
Any waste containing any insoluble substance that will not pass
one-fourth-inch mesh screen.
(15)
Any radioactive waste or isotopes of such half-life or concentration
as may exceed limits established by applicable state or federal regulations.
(16)
Waste from any private sewage disposal system.
(17)
Any sludge, precipitate or congealed substance resulting from
an industrial or commercial process or resulting from the pretreatment
of wastewater or air pollutants.
(18)
Any waste defined as a hazardous waste or otherwise designated
as a hazardous waste under the rules, definitions and terms of Part
111 of Public Act No. 451 of 1994 (MCL 324.11101 et seq.), known as
the Hazardous Waste Management Act, without prior written approval
of the Director.
(19)
Any trucked or hauled pollutants, except at discharge points
designated by the Director.
(20)
Heat in amounts of which will inhibit biological activity in
the POTW resulting in interference, but in no case heat in such quantities
that the temperature of the influent at the POTW treatment plant exceeds
40°C. (104°F.) unless the State of Michigan, upon request
of the POTW, approves alternate temperature limits.
(21)
Any PCB in detectable quantities using approved EPA methods
as described or otherwise contained in 40 CFR 136.
(22)
Any wastewater or other wastes having a five-day BOD greater
than 3,120 mg/L.
(23)
Any wastewater or other wastes containing more than 2,977 mg/L
of total suspended solids.
(24)
Any wastewater or other wastes containing a total phosphorus
content in excess of 100 mg/L.
[Code 1992, § 31-68; 11-23-1992 by Ord. No. 1028; 7-14-1997 by Ord. No. 1124; 10-22-2012 by Ord. No. 1345; 8-12-2024 by Ord. No. 24-006]
(a)
Approval of certain wastes prior to discharge to a public sanitary
sewer shall be subject to the review and approval of the Director.
Such approval shall be required for the admission into the POTW of
any wastewater or other wastes:
(1)
Having an average daily flow greater than 2% of the average
daily flow of the POTW;
(2)
From surface water, groundwater, or leachate collection associated
with land filling operations;
(3)
From any operation associated with the collection or pumpage
or treatment of groundwater;
(4)
From the collection or pumpage or treatment of impounded surface
waters; or
(5)
From holding tanks or trucked wastes.
(b)
Sewage having excessive strength above the surcharge threshold, as
follows, shall be subject to a surcharge for such excessive strength
on a per pound basis:
|
Parameter
|
Surcharge Threshold (mg/L)
|
|---|---|
|
BOD
|
300
|
|
Total suspended solids
|
350
|
|
Total phosphorus
|
13
|
|
Ammonia nitrogen
|
50
|
[Code 1992, § 31-69; 11-23-1992 by Ord. No. 1028; 7-14-1997 by Ord. No. 1124; 8-12-2024 by Ord. No. 24-006]
(a)
Where necessary under this article, in the opinion of the Director:
(1)
The user shall provide, at his or her expense, such pretreatment
as may be necessary to reduce the BOD to 3,120 mg/L and TSS to 2,977
mg/L, to control toxic or deleterious substances, and to control the
quantities and rates of discharge of such waters or wastes.
(2)
The Director shall have the authority to:
a.
Deny or condition new or increased contributions of pollutants
or changes in the nature of pollutants to the POTW by nondomestic
users.
b.
Require compliance with applicable pretreatment standards and
requirements by nondomestic users.
c.
Control, through permit order or similar means, the contribution
to the POTW by each industrial user to ensure compliance with applicable
pretreatment standards and requirements.
d.
Require:
1.
The development of a compliance schedule by each nondomestic
user for the installation of technology required to meet applicable
pretreatment standards and requirements; and
2.
The submission of all notices and self-monitoring reports from
nondomestic users as are necessary to assess and ensure compliance
by nondomestic users with pretreatment standards and requirements,
including, but not limited to, the reports required in 40 CFR 403.12.
e.
Carry out all inspection, sampling, and procedures necessary
to determine, independent of information supplied by nondomestic users,
compliance or noncompliance with applicable pretreatment standards
and requirements by nondomestic users. The Director shall be authorized
to enter any premises of any nondomestic user in which a discharge
or pretreatment system is located to copy or inspect those records
which are required to be kept on the premises under 40 CFR 403.12(o)
to ensure compliance with pretreatment standards.
f.
Require any user to develop and implement best management practices
(BMP) 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.
g.
Require a user to develop and submit a best management practices
plan (BMPP), including an enforceable implementation schedule, for
review and approval. 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 the following elements, as determined
necessary by the Director, at a level of detail and in units and terms
as determined necessary 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 (POTWs);
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.
An inventory of raw materials and a list of waste sources, including
a list of all chemicals used or stored at the facility and their quantities;
9.
A description of employee training programs, policies and procedures;
continuing education programs; and participation requirements;
10.
A description of the user's documentation, including record
keeping and forms;
11.
A description of monitoring activities;
12.
An information log of facility personnel, organization chart,
emergency phone numbers, contact persons and maintenance or service
representatives;
13.
A certification by a qualified professional that the plan is
adequate to prevent spills, leaks, slug loads, or non-customary discharges
of regulated substances, directly or indirectly, to the POTW; and
14.
Such other information, documents or diagrams as required by
the Director, including, but not limited to, any of the information
required under this article, the Act, or state law.
h.
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 shall be modified to incorporate
the BMPP requirements. If the user does not currently have a user
permit, a permit shall be issued for that purpose.
i.
The Director may require revisions to a user's BMPP if
he or she determines the plan contains elements that are inadequate,
or as otherwise determined necessary by the Director to ensure compliance
with applicable requirements of this article, the Act or state law.
Review of a BMPP by the Director shall not relieve the user from the
responsibility to modify its facility as necessary to comply with
this article, the Act or state law.
j.
The user reports to the Director must include best management
practices compliance information. The user reports must be certified
and signed by the user's authorized representative.
k.
The user shall retain all documentation associated with best
management practices for a period of at least three years from the
date of an activity associated with the practices. This period may
be extended by the Director at any time.
(b)
Plans, specifications and any other pertinent information relating
to proposed pretreatment systems shall be submitted for the review
and approval of the Director, who may seek review by the appropriate
agency of the state. No construction of such pretreatment systems
shall commence until such review has been completed and the proposed
pretreatment system approved by the Director in writing.
(c)
Where pretreatment systems are provided for any wastewater or other
wastes, they shall be maintained continuously in satisfactory and
effective operation by the user at the user's expense. Any user
required to utilize a pretreatment system shall, upon the request
of the Director, submit to the Director records of samplings taken
from waste discharges.
(d)
The Director shall have the authority to:
(1)
Identify and locate all possible nondomestic users which might
be subject to the POTW pretreatment program.
(2)
Identify the character and volume of pollutants contributed
to the POTW by nondomestic users. This information will be made available
to the Director upon request.
(3)
Notify nondomestic users of applicable pretreatment standards.
(4)
Receive and analyze self-monitoring reports and other notices
submitted by nondomestic users in accordance with the self-monitoring
requirements in 40 CFR 403.12.
(5)
Randomly sample and analyze the effluent from nondomestic users
and conduct surveillance and inspection activities in order to identify
occasional and continuing noncompliance with pretreatment standards.
(6)
Develop an enforcement response plan (ERP) containing detailed
procedures indicating how the POTW will investigate and respond to
instances of nondomestic user noncompliance.
(7)
Develop an industrial user permit system for significant industrial
users which shall control the nature and characteristics of discharges
from these users. Any permit issued by the Director under this system
shall be enforceable and shall have the full authority of law as though
the specifications of the permit are contained in this article, in
accordance with the ERP.
(8)
Investigate instances of noncompliance with pretreatment standards
and requirements and permit violations in accordance with the ERP.
(9)
Require nondomestic users to develop and implement a slug control
plan.
(10)
Require nondomestic users to install control manholes on sewer
leads carrying process waste.
(11)
Issue and enforce industrial user permits.
(e)
Bypass. Procedures for bypass shall be as follows:
(1)
Notice of bypass. Notice of bypass shall be given in accordance
with the following:
a.
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the POTW, if possible at least 10
days before the date of the bypass.
b.
An industrial user shall orally notify the POTW 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 the following:
(2)
Prohibition of bypass. Enforcement actions and approval procedures
for bypass are as follows:
a.
Bypass is prohibited and the POTW may take enforcement action
against an individual user for a bypass, unless:
1.
The bypass was unavoidable to prevent loss of life, personal
injury or severe property damage;
2.
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 preventive maintenance; and
3.
The industrial user submitted notices as required by Subsection
(e)(1) of this section.
b.
The Director may approve an anticipated bypass, after considering
its adverse effects, if the POTW determines that it will meet the
three conditions listed in Subsection (e)(2)a of this section.
[Code 1992, § 31-70; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Grease interceptors, oil separators, and sand interceptors shall
be provided when, in the opinion of the Director, they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts, sand or other harmful ingredients. Such traps shall not be
required at premises of domestic users. All grease interceptors, oil
separators, and sand interceptors shall be of a type and capacity
approved by the Director and shall be located so as to be readily
and easily accessible for cleaning and inspection. Grease interceptors
and oil separators shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight and equipped with easily
removable covers which, when bolted in place, shall be gastight and
watertight.
(b)
All grease interceptors, oil separators, and sand interceptors shall
be maintained by the user, at his or her expense, in continuous efficient
operation at all times.
[Code 1992, § 31-71; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
No person shall discharge or cause to be discharged into any storm sewer or natural or artificial watercourse any uncontaminated process waters or wastes other than stormwater, except upon special agreement or arrangement with the Director, who shall seek review by the appropriate agency of the state. Such discharge shall be subject to the limitations as provided in §§ 48-85 and 48-86 and the provisions of a valid NPDES permit issued by the state to the discharger.
(b)
In addition, industrial users may be required by federal law to obtain
an NPDES permit for stormwaters discharging directly to the surface
waters of the state. Affected industrial users are hereby required
to make application to the state for a valid NPDES permit to discharge
stormwater as required by federal law.
[Code 1992, § 31-72; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Water from roofs of buildings, window wells, driveway drains, catch
basins or any other source of surface water from a premises shall
not be discharged to a sanitary sewer but may be discharged to the
ground surface or to a storm sewer, if available.
(b)
As of February 2004, water from footing drains from any new construction
shall not be discharged to a sanitary sewer. Footing drains must be
discharged through a sump pump to the surface of the ground or directly
to the MS4, if available, with approval from the Director.
[Code 1992, § 31-73; 11-23-1992 by Ord. No. 1028]
(a)
National pretreatment standards (Title 40 CFR) from federal regulations
specifying quantities or concentrations of pollutants or pollutant
properties which may be discharged or introduced to a POTW by existing
or new industrial users in specific industrial categories are hereby
adopted and incorporated by reference, as fully as if set out at length
in this article. These standards shall apply to existing and new sources
as determined by federal regulations which are or may be promulgated.
(b)
The national categorical standards, found in 40 CFR Chapter I, Subchapter
N, Parts 405 through 471, are hereby incorporated into this article
and made a part of this article.
(c)
The standards, requirements, limitations, and regulations contained
in 40 CFR 403, General Pretreatment Regulations for Existing and New
Sources of Pollution, as amended, are hereby adopted and incorporated
by reference, as fully as if set out at length and are made a part
of this article.
[Code 1992, § 31-74; 11-23-1992 by Ord. No. 1028; 1-28-2008 by Ord. No. 1282; 8-12-2024 by Ord. No. 24-006]
(a)
This section details special requirements for users discharging process
wastes to the POTW.
(b)
Except where expressly authorized to do so by an applicable pretreatment
standard or requirement, no industrial user shall ever increase the
use of process water or, in any other way, attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with a pretreatment standard or requirement.
(c)
Any nondomestic user or other premises discharging process flow to
a sanitary sewer, storm sewer or receiving stream and any user who
applies for or receives sewer service or through the nature of the
premises creates a potential environmental problem or significantly
alters the character or quantity of an existing discharge to the POTW
may be required to comply with the following:
(1)
File with the Director a written statement setting forth the
nature of the premises; the source and amount of water used; the amount
of water to be discharged, with its present or expected bacterial,
physical, chemical, radioactive or other pertinent characteristics
of the wastes.
(2)
File with the Director a plan map of the premises, with each
discharge to a sanitary sewer, storm sewer, or surface waters noted
and described and the discharge identified.
(3)
Sample, test and file reports with the Director and the appropriate
agencies on characteristics of wastes on a schedule, at identified
locations and according to methods approved by the Director.
(4)
Place pretreatment systems, wastewaters, or other potential
waste concerns under the specific supervision and control of users
who have been certified by the appropriate agency as properly qualified
to supervise such facilities.
(5)
Provide a report on raw materials entering the process or support
system, intermediate materials, final products and waste byproducts,
as those factors may affect waste control.
(6)
Maintain records and file reports on the final disposal of specific
liquids, solids, sludges, oils, radioactive materials, solvents or
other wastes.
(7)
Submit nondomestic user control survey forms or other forms
and self-monitoring reports.
(8)
Submit industrial user permit applications.
(9)
Install a control manhole and/or private sewer lead.
(d)
Any nondomestic user which does not normally discharge to the public sanitary sewer, public storm sewer or receiving stream, but has the potential to do so from accidental spills or similar circumstances, shall, when requested by the Director, comply with Subsection (c) of this section.
(e)
All industrial users shall promptly notify the POTW in advance of
any substantial change in the volume or characteristic of pollutants
in their discharge, including the listed or characteristic hazardous
wastes for which the industrial user has submitted initial notification
under 40 CFR 403.12(p).
(g)
New users 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 discharges must meet all
applicable pretreatment standards.
(h)
All significant industrial users shall be controlled by an industrial
user permit. This control document shall be issued by the City for
a stated duration of time not to exceed five years.
A significant industrial user discharging under an industrial
user permit shall make application for a new industrial user permit
not later than 180 days before the expiration date of its current
permit. The significant industrial user shall be required to complete
the application form in its entirety as it is supplied by the City.
All new users which are significant industrial users shall submit
an industrial user permit application not later than 90 days'
prior to discharge. For significant industrial users which are also
subject to categorical pretreatment standards, this application shall
also include all the information as required in 40 CFR 403.12(b)(e)
and (h), including a description of operation, flow measurement, and
measurement of pollutants. This is referred to as a "baseline monitoring
report" in the federal regulations.
All permits issued under this article are nontransferable without
prior written approval of the City.
(i)
Within 90 days following the date for final compliance with applicable
categorical pretreatment standards or for a new source following commencement
of the introduction of wastewater, process flow or other wastes, into
the POTW, any industrial user subject to pretreatment standards and
requirements shall submit to the POTW a report containing all the
information described in 40 CFR 403.12 known as the ninety-day compliance
report. For industrial users subject to equivalent mass or concentration
limits established by the City, this report shall contain a reasonable
measure of the user's long-term production rate. For all other
industrial users subject to categorical pretreatment standards expressed
in terms of allowable pollutant discharge per unit of production or
other measure of operation, this report shall include the user's
actual production during the appropriate sampling period.
(j)
All significant industrial users shall submit to the POTW during
the months of June and December a report indicating the nature and
concentration of pollutants in the effluent which are limited by applicable
pretreatment standards, known as the six-month compliance report.
All requirements for this report shall be stated in the industrial
user permit. This report must comply with all requirements of 40 CFR
403.12.
(k)
If sampling performed by an industrial user indicates a violation
of any applicable pretreatment standard, the user shall notify the
POTW 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 POTW within 30 days after becoming aware
of the violation.
(l)
All reports required of industrial users in this article 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.
[Code 1992, § 31-75; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
All sampling measurements, tests and analysis of the characteristics of wastewater or other wastes pursuant to this article shall be determined in accordance with 40 CFR 136. Samples may be taken at the control manhole provided for in § 48-95. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sanitary sewer from the point at which the private sewer lead is connected. In addition, national pretreatment standards may require that testing or sampling be done at a process discharge within a nondomestic user's facility, or the Director may direct such sampling be carried out.
(b)
Where treated regulated process wastewater is combined prior to treatment
with wastewater or other wastes than those generated by the regulated
process, the industrial user may monitor either the segregated process
wastewater or the combined wastewater for the purpose of determining
compliance with applicable pretreatment standards. If the industrial
user chooses to monitor the segregated process wastewater, it shall
apply the applicable pretreatment standard. If the industrial user
chooses to monitor the combined wastewater, it shall apply an alternative
discharge limit calculated using the combined wastestream formula
as provided for in 40 CFR 403.6(e). The industrial user may change
monitoring points only after receiving approval from the Director.
[Code 1992, § 31-76; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
Under this article, required corrective treatment may be required
to be accomplished before wastewater or other wastes reach the public
sanitary sewer. All of the preceding specific conditions of this article
are to apply at the point where wastes are discharged into a public
sanitary sewer, except for categorical standards which apply to the
specific industrial process, and all chemical and/or mechanical corrective
treatment must be accomplished to practical completion before this
point is reached.
[Code 1992, § 31-77; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
When required by the Director, the user served by a private
sewer lead carrying nondomestic wastewater or other wastes shall install
one or more suitable control manholes on the private sewer lead, to
facilitate observation, sampling and measurement of the wastewater
or other wastes. Such manholes, when required, shall be accessible
and safely located and shall be constructed in accordance with plans
approved by the Director. The manholes shall be installed at the owner's
own expense and shall be maintained by the user so as to be safe and
accessible at all times. All significant industrial users shall install
a control manhole on the private sewer lead of process flow as required
by the Director. More than one control manhole may be required.
[Code 1992, § 31-78; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
The Director may require users to provide such site access, right
of entry, technical data, self-monitoring reports, or other pertinent
information which is deemed necessary to make possible:
(1)
Identification of types of pollutants stored and handled by
nondomestic users.
(2)
Identification of possible spill situations.
(3)
The development of a spill prevention plan for approval by the
POTW.
(4)
Development of procedures to enable the Director to routinely
inspect industrial spill prevention facilities.
(5)
Development and enforcement of procedures that require immediate
reporting of all spill events to the Director.
(6)
Establishment of an emergency response plan to deal with spills
that includes the Director, police, fire and medical care facilities.
(7)
Implementation of a program offering assistance and guidance
to industries in preventing spills.
(b)
The Director may, upon identification of a containment site or other
potential spill situation, require a user to:
(1)
Submit plans and specifications for construction of an appropriate
containment device for approval.
(2)
Require construction of such an approved containment device
within a reasonable period of time upon written notice to the user
of such requirement.
(3)
Inspect and approve the final construction of such containment
device or facilities.
(4)
Determine the required volume, materials, location and other
such technical considerations as deemed necessary to ensure adequate
protection of the POTW surface waters and the groundwaters of the
state.
(c)
The State of Michigan guidelines for planning, constructing and maintaining
such facilities or devices shall normally be followed; however, the
Director may impose additional and/or more restrictive requirements
as may be deemed necessary to ensure the safe and proper operation
of the POTW.
(d)
Electrical transformers and capacitors containing PCB in any quantity
shall be diked or otherwise isolated so that any spill of fluid from
the electrical transformer or capacitor cannot enter a public sanitary
sewer, public storm sewer, surface waters, or groundwaters, either
directly or indirectly.
[Code 1992, § 31-79; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Information and data on a nondomestic user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the nondomestic user specifically
requests and is able to demonstrate to the satisfaction of the Director
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets of
the nondomestic user.
(b)
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses related
to this article, the NPDES permit, state disposal system permit and/or
the pretreatment programs; provided, however, that such portions of
a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the user furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
(c)
Information accepted by the Director as confidential shall not be
transmitted to the general public by the Director until and unless
a ten-day notification is given to the nondomestic user.
[Code 1992, § 31-80; 11-23-1992 by Ord. No. 1028]
Nothing in this article is intended to affect any pretreatment
requirements, including any standards or prohibitions, established
by state or local law as long as the state or local requirements are
not less stringent than any set forth in national pretreatment standards
or any other requirements or prohibitions established under the Act.
[Code 1992, § 31-81; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
The Director shall have authority to halt or eliminate immediately
and effectively any actual or threatened discharge of pollutants to
the POTW which present or may present an imminent or substantial endangerment
to the health or welfare of persons or to the environment or causes
interference with the operation of the POTW.
(b)
Any user notified of a suspension of POTW service shall immediately
stop or eliminate the discharge. If the user fails to comply voluntarily
with the suspension order, the Director shall take such steps as deemed
necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW, the receiving stream, or
endangerment to any individuals. The Director shall reinstate the
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Director within 15
days of the date of occurrence.
[Code 1992, § 31-82; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
The Director shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurement, sampling
and testing, in accordance with this article. Any user who applies
for or receives services from the City shall be deemed to have consented
to inspections pursuant to this section, including entrance upon the
user’s premises at reasonable times to make such inspections.
[Code 1992, § 31-83; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
The discharge into the POTW of any substance which exceeds the
limitations contained in this article or violates any provision of
an industrial user permit, order, agreement, or in any manner fails
to conform to this article is hereby declared to be unlawful and a
public nuisance.
[Code 1992, § 31-84; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
No user shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the POTW.
[Code 1992, § 31-85; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Notification of violation. Any user found to be violating any section of this article, including any permit or agreement or order, except § 48-102, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The user shall, within or at the expiration of the period of time stated in such notice, permanently cease all violations. Any user who continues any violation beyond the time limit provided shall be guilty of a violation of this article. Noncompliance progress reports may be required until correction is achieved.
(b)
Consent orders. The Director is hereby empowered to enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with the user responsible for the noncompliance.
Such orders will include compliance schedules, stipulated fines or
remedial actions, and signatures of the Director and user. Consent
orders shall have the same force and effect as this article and are
enforceable as if set forth in this article.
(c)
Show cause order. The Director may order any user which causes or
contributes to violation of this article, industrial user permit or
order issued under this article to show cause why a proposed enforcement
action should not be taken. The notice of hearing 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, corporate officer, or
user. Whether or not a duly notified user appears as noticed, enforcement
action may be pursued as appropriate.
(d)
Compliance order. When the Director finds that a user has violated
or continues to violate this article or a permit or order issued under
this article, an order may be issued to the user responsible for the
discharge directing that, following a specified time period, sewer
service shall be discontinued unless adequate, devices, or other related
appurtenances have been installed and are properly operated and compliance
is achieved. Orders may also 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.
(e)
Cease and desist orders. When the Director finds that a user has
violated or continues to violate this article or any permit or order
issued under this article, the Director may issue an order to cease
and desist all illegal or authorized discharges immediately, in accordance
with the following:
(1)
In an emergency, the order to cease and desist may be given
by telephone.
(2)
In nonemergency situations, the cease and desist order may be
used to suspend service or permanently revoke industrial user permits.
(3)
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.
(f)
Termination of permit. Significant industrial users proposing to
discharge into the POTW must first obtain an industrial user permit
from the POTW. Any user who violates the following conditions of this
article or an industrial user permit or order or any applicable state
or federal law is subject to permit termination:
Noncompliant industrial users will be notified of the proposed
termination of their industrial user permit and be offered an opportunity
to show cause under Subsection (c) of this section why the proposed
action should not be taken.
[Code 1992, § 31-86; 11-23-1992 by Ord. No. 1028]
The Director is hereby authorized to bring any appropriate action
in the name of the City, either at law or in chancery, as may be necessary
or desirable to:
[Code 1992, § 31-87; 11-23-1992 by Ord. No. 1028; 3-23-1998 by Ord. No. 1148; 8-12-2024 by Ord. No. 24-006]
(a)
Except as specifically noted in Subsection (b) of this section, any user who is found to have willfully or negligently failed to comply with any section of this article and the orders, rules, regulations and permits issued under this article shall be deemed to have committed a municipal civil infraction and shall be liable to the City for a civil penalty of not less than $1,000 for each offense plus actual damages incurred by the POTW. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this subsection, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate action at law against the user found to have violated this article or the orders, rules, regulations, and permits issued under this article.
(c)
The Director may petition the court to impose, assess and recover such sums as provided in Subsection (a) of this section. In determining the 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.
[Code 1992, § 31-88; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
No abatement contained in this article shall be construed as preventing
any special agreement or arrangement between the City and any user
whereby any waste of unusual strength or character may be accepted
by the City for treatment, subject to payment therefor by such user.
Special agreements shall only be made for compatible/conventional
pollutants. No special agreements shall be made for categorical process
flows.
(b)
Any such special agreement or arrangement between the City and any
user may be denied or conditioned to ensure that no new or increased
contributions of pollutants to the POTW or changes in the nature of
pollutants discharged to the POTW occur by a nondomestic user where
such contributions do not meet applicable pretreatment standards and
requirements or where such contributions would cause the POTW to violate
its NPDES permit or cause pass-through, interference, or sludge contamination.
[Code 1992, § 31-89; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
Any user who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or industrial user permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by the imposition of penalties in accordance with § 1-16, which states penalties for violation of this Code.
[Code 1992, § 31-91; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
Any nondomestic user shall have the right to request in writing
an interpretation or ruling by the Director on any matter covered
by this article and shall be entitled to a prompt written reply. If
such inquiry is by a nondomestic user and deals with matters of performance
or compliance with this article for which enforcement activity relating
to an alleged violation is the subject, receipt of a nondomestic user's
written request shall stay all enforcement proceedings pending receipt
of the written reply.
[Code 1992, § 31-92; 11-23-1992 by Ord. No. 1028]
The City shall make annual public notification, in the largest
daily newspaper, of industrial users which, at any time during the
previous 12 months, were in significant noncompliance with applicable
pretreatment requirements or any permit or order issued under this
article.
[Code 1992, § 31-93; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
The Director may adopt charges and fees under this article which
may include the following:
(1)
Fees for reimbursement of costs of setting up and operating
the POTW pretreatment program.
(2)
Fees for monitoring, inspection and sampling procedures, including
the cost of reviewing monitoring reports submitted by the industrial
user.
(3)
Fees for reviewing accidental discharge procedures and construction.
(4)
Fees for permit applications, including the cost of processing
such applications.
(5)
Fees for filing appeals.
(6)
Other fees as the Director may deem necessary to carry out the
requirements contained in this article.
[Code 1992, § 31-94; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Definition. For the purposes of this section, the term "upset" means
an exceptional incident in which there is unintentional and temporary
noncompliance with pretreatment standards because of factors beyond
the reasonable control of the industrial user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate pretreatment systems, lack
of preventative maintenance, or careless or improper operation.
(b)
Effect of upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of Subsection (c) of this section are met.
(c)
Conditions necessary for demonstration of upset. An industrial user
who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other
relevant evidence, that:
(1)
An upset occurred and the industrial user can identify the cause
of the upset.
(2)
The premises was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(3)
The industrial user has submitted the following information
to the POTW 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.
(d)
Burden of proof. In any enforcement proceeding, the industrial user
seeking to establish the occurrence of an upset shall have the burden
of proof.
(e)
User responsibility. The industrial user shall control production
or 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, is lost or fails.
[Code 1992, § 31-95; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Any industrial user subject to the reporting requirements established
in this article shall maintain records of all information resulting
from any monitoring activities required by this article. Such records
shall include for all samples the following:
(b)
Any industrial user subject to the reporting requirements of this
article shall retain for a minimum of three years any records of monitoring
activities and results, whether or not such monitoring activities
are required by this section, and shall make such records available
for inspection and copying. This period of retention shall be extended
during the course of any unresolved litigation concerning this article.
[Code 1992, § 31-96; 11-23-1992 by Ord. No. 1028; 8-12-2024 by Ord. No. 24-006]
(a)
Any industrial 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 261 shall notify the POTW in writing of such discharge.
(b)
All hazardous waste notifications shall include the following:
(1)
The name of the hazardous waste as set forth in 40 CFR 261;
(2)
The Environmental Protection Agency 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 § 48-111, 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, the following:
(1)
An identification of the hazardous constituents contained in
the wastewater or other wastes;
(2)
An estimation of the mass and concentration of such constituents
in the wastewater or other wastes discharged during that calendar
month; and
(3)
An estimation of the mass of constituents in the wastewater
or other wastes expected to be discharged during the following 12
months.
(d)
Hazardous waste notifications shall be submitted no later than 10 days from commencing the discharge of listed or characteristic hazardous wastes. Any notification under this subsection need be submitted only once for each hazardous discharge, although notifications of changed discharges must be submitted under § 48-92(e).
(e)
Industrial users are exempt from the hazardous waste notification
requirement during a calendar month in which they discharge 15 kilograms
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.
