For the purpose of this article, the following words and phrases
shall have the meanings described in this section unless the context
in which they are used specifically indicates otherwise:
ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five days at
20° C., expressed in milligrams per liter.
BYPASS
The intentional diversion of waste streams from any portion
of a user's treatment facility.
CATEGORICAL PRETREATMENT STANDARDS (also FCPS)
National pretreatment standards specifying quantities or
concentrations of pollutants or pollutant properties which may be
discharged into a system by a specific category of industrial users
described in such standards. Categorical pretreatment standards include
the following categorical standards and those which are hereafter
promulgated by USEPA, along with amendments to the existing or hereafter
promulgated standards:
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EPA Effluent Guidelines and Standards for Aluminum Forming (40
CFR 467)
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EPA Effluent Guidelines for Standards for Canned and Preserved
Fruits and Vegetables (40 CFR 407)
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EPA Effluent Guidelines for Standards for Canned and Preserved
Seafood (40 CFR 408)
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EPA Effluent Guidelines for Standards for Cement Manufacturing
(40 CFR 411)
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EPA Effluent Guidelines and Standards for Copper Forming (40
CFR 468)
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EPA Effluent Guidelines for Standards for Dairy Products (40
CFR 405)
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EPA Effluent Guidelines and Standards for Electrical and Electronic
Components (40 CFR 469)
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EPA Effluent Guidelines for Standards for Electroplating (40
CFR 413)
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EPA Effluent Guidelines for Standards for Feedlots (40 CFR 412)
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EPA Effluent Guidelines and Standards for the Battery Manufacturing
Point Source Category (40 CFR 461)
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EPA Effluent Guidelines for Standards for Grain Mills (40 CFR
406)
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EPA Effluent Guidelines for Standards for Organic Chemicals
(40 CFR 414)
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EPA Effluent Guidelines and Standards for Plastics Molding and
Forming (40 CFR 463)
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EPA Effluent Guidelines and Standards for Non Metals Forming
and Metal Powders (40 CFR 471)
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EPA Effluent Guidelines and Standards for Metal Molding and
Casting (40 CFR 464)
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EPA Effluent Guidelines for Standards for Soaps and Detergents
(40 CFR 417)
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EPA Effluent Guidelines for Standards for Sugar Processing (40
CFR 409)
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EPA Effluent Guidelines for Standards for Textiles (40 CFR 410)
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EPA Effluent Guidelines for Standards for Fertilizer Manufacturing
(40 CFR 418)
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EPA Effluent Guidelines for Standards for Petroleum Refining
(40 CFR 419)
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EPA Effluent Guidelines for Standards for Iron and Steel Manufacturing
(40 CFR 420)
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EPA Effluent Guidelines for Standards for Nonferrous Metals
(40 CFR 421)
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EPA Effluent Guidelines for Standards for Phosphate Manufacturing
(40 CFR 422)
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EPA Effluent Guidelines for Standards for Steam Electric Power
Generating (40 CFR 423)
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EPA Effluent Guidelines for Standards for Ferroalloy Manufacturing
(40 CFR 424)
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EPA Effluent Guidelines for Standards for Leather Tanning and
Finishing (40 CFR 425)
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EPA Effluent Guidelines for Standards for Glass Manufacturing
(40 CFR 426)
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EPA Effluent Guidelines for Standards for Asbestos Manufacturing
(40 CFR 427)
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EPA Effluent Guidelines for Standards for Rubber Processing
(40 CFR 428)
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EPA Effluent Guidelines for Standards for Timber Products (40
CFR 429)
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EPA Effluent Guidelines for Standards for Pulp, Paper and Paper
Board (40 CFR 430)
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EPA Effluent Guidelines for Standards for Builders Paper and
Board Mills (40 CFR 431)
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EPA Effluent Guidelines for Standards for Meat Products (40
CFR 432)
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EPA Effluent Guidelines for Standards for Metal Finishing (40
CFR 433)
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EPA Effluent Guidelines for Standards for Offshore Oil and Gas
Extraction (40 CFR 435)
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EPA Effluent Guidelines for Standards or Mineral Mining and
Processing (40 CFR 436)
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EPA Effluent Guidelines for Standards for Pharmaceutical Manufacturing
(40 CFR 439)
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EPA Effluent Guidelines for Standards for Ore Mining and Dressing
(40 CFR 440)
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EPA Effluent Guidelines for Standards for Paving and Roofing
Materials (40 CFR 443)
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EPA Effluent Guidelines for Standards for Paint Formulating
(40 CFR 446)
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EPA Effluent Guidelines for Standards for Ink Formulating (40
CFR 447)
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EPA Effluent Guidelines for Standards for Gum and Wood Chemicals
Manufacturing (40 CFR 454)
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EPA Effluent Guidelines for Standards for Pesticides Chemicals
Manufacturing (40 CFR 455)
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EPA Effluent Guidelines for Standards for Explosives Manufacturing
(40 CFR 457)
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EPA Effluent Guidelines for Standards for Carbon Black Manufacturing
(40 CFR 458)
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EPA Effluent Guidelines for Standards for Photographic Processing
(40 CFR 459)
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EPA Effluent Guidelines for Standards for Hospitals (40 CFR
460)
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EPA Effluent Guidelines for Standards for Inorganic Chemicals
(40 CFR 415)
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EPA Effluent Guidelines for Standards for Coil Coating (40 CFR
465)
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EPA Effluent Guidelines for Standards for Porcelain Enameling
(40 CFR 466)
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COD (CHEMICAL OXYGEN DEMAND)
The measure of the oxygen consuming capacity of inorganic
and organic matter present in water or wastewater, expressed as the
amount of oxygen consumed from a chemical oxidant in a specified test;
it does not differentiate between stable and unstable organic matter,
and thus does not necessarily correlate with BOD.
CODE
Code of the City of Jackson.
COLLECTION SYSTEM
All of the common sewers, lift stations, pumps, and other
equipment of the Township to receive wastewater and pollutants directly
from users for transmission to the system treatment plant; the sanitary
waste trunk and collection system that collects and transports waste
to the Township system.
COMBINED SEWER
Any sewer designed or intended to receive both stormwater
and sewage.
CONSTRUCTION
Any placement, assembly, or installation of facilities or
equipment (including contractual obligations to purchase such facilities
or equipment) at the premises where such equipment will be used, including
preparation work at such premises, if such equipment will in any way
actually or potentially affect the quality or quantity of discharges
or the measurement or analysis of a discharge.
DAILY AVERAGE
The sum of the concentrations of a constituent for the measurement
period divided by the number of days on which the discharge was sampled
and analyzed in such period. The concentrations which are added are
single numbers for single days for all days for which analyses are
obtained (whether by the user or the Township), but such concentrations
may be used upon a sample or samples taken over either all or part
of that day and upon single or multiple analyses for that day as determined
by the Township. Sampling for daily average shall be twenty-four-hour
flow proportioned composite samples except that a minimum of four
grab samples shall be taken in lieu of a twenty-four-hour flow proportioned
composite sample for a single day for pH, cyanide, total phenols,
oil and grease, sulfide, and volatile organic compounds. If it is
not feasible to obtain a flow proportioned composite sample, a time
proportioned composite sample for a minimum of four grab samples may
be used in lieu of the flow proportioned composite sample, if the
user demonstrates to the Township Supervisor that representative samples
will be obtained.
DAILY MAXIMUM
The concentration which shall not be exceeded on any single
calendar day. Sampling for daily maximum shall be a twenty-four-hour
flow proportioned composite samples except that a minimum of four
grab samples shall be taken in lieu of a twenty-four-hour flow proportioned
composite sample for oil, cyanide, total phenols, oil and grease,
sulfide, and volatile organic compounds. If it is not feasible to
obtain a flow proportioned composite sample, a time proportioned composite
sample or a minimum of four grab samples may be used in lieu of the
flow proportioned composite sample if the user demonstrates to the
Township Supervisor or his designee that a representative sample will
be obtained.
DISCHARGE
The introduction of pollutants into the system which is either
intentional or unintentional.
DOMESTIC USER
A user that discharges only domestic wastes or wastes from
sanitary conveniences.
EXISTING SOURCE
Any source which is not a new source as defined in this article.
GARBAGE
Solid wastes from domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage, and sale of
produce.
GROUNDWATER
Water which is pumped or otherwise captured from the ground
and which is not used in a process. Mere treatment of groundwater
is not use in a process.
INTERCEPTOR SEWER LINES
Those lines whose basic function is to collect wastewater
from two or more separate trunk sewer lines and to transport such
wastewater to the system treatment plant.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both inhibits or disrupts the system,
its treatment processes or operations, or its sludge processes, use
or disposal, and therefore is a cause of a violation of any requirement
of the NPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
[including Title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA], the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research, and Sanctuaries Act.
MAJOR USER
Any user of the system that:
A.
Has a discharge to the system of 25,000 gallons or more per
average workday; or
B.
Discharges or has the potential to discharge any toxin pollutant
as defined pursuant to Section 307 of the Act, or chlorinated dibenzodioxins
or chlorinated dibenzofurans; or
C.
Is found by the Township Supervisor or his designee to potentially
have significant impact, either singly or in combination with other
users, on the system; or
E.
Discharges wastewater which makes up 5% or more of the average
dry weather hydraulic or organic capacity of the system.
MDNR
The Department of Natural Resources of the State of Michigan
or its successor.
Mg/l
Milligrams per liter, or ppm.
NEW SOURCE
A.
Any building, structure, facility or installation from which
there is or may be a discharge, the construction of which commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section,
provided that:
(1)
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(2)
The building, structure, facility or installation totally replaces
the processor production equipment that causes the discharge at an
existing source; or
(3)
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 plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
B.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection
A(2) or
(3) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.
C.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
(1)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(a)
Any placement, assembly, or installation of facilities or equipment;
or
(b)
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(2)
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Option to purchase or contacts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies, do not constitute
a contractual obligation under this section.
NPDES PERMIT
A permit issued pursuant to the National Pollution Discharge
Elimination System for the discharge of wastewater into the surface
waters of the state.
ORGANIC CHEMICALS
Compounds composed of carbon and hydrogen or their derivatives
which are man-made or by-products of man-made or natural substances
which include, but are not limited to, synthetic fibers, plastics,
rubber, medicinals, solvents, surface-active agents, pesticides and
other agricultural chemicals and lubricating oil additives or other
petroleum derivatives.
PASS THROUGH
A discharge which exits the system into waters of the United
States in quantities or concentrations which, along or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the system's NPDES permit (including
an increase in the magnitude or duration of a violation).
PERSON
Any individual, firm, municipality, company, association,
society, corporation, partnership or group, including its officers
and employees who have responsibility for or actual involvement in
the matters regulated by this article.
pH
The negative logarithm of the concentration of hydrogen ions
in grams per liter of solution.
POLLUTANT
Any material which is discharged to the system or is proposed
for discharge to the system. The term also includes properties of
such materials, such as pH and heat.
PREMISES
Each lot or parcel of land, or building, having any connection,
direct or indirect, to the system.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in sewage or a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants in the system. The reduction
or alteration can be obtained by physical, chemical or biological
processes, process changes, or by other means except as prohibited
by 40 CFR 403.6(d) and (e), as amended.
SEVERE PROPERTY DAMAGE
Substantial physical damage to property, damage to the treatment
facilities of a user which causes them to become all or partially
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.
SLUG DISCHARGE
A discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
SOURCE
Any building, structure, facility, vehicle or installation
from which there is or may be a discharge to the system.
STATE DIRECTOR
The Executive Secretary of the Water Resources Commission
of the State of Michigan.
STORM SEWER
A sewer intended to carry only stormwaters, surface runoff,
street wash waters, and drainage of waters which are not wastewater.
SUSPENDED SOLIDS (SS)
Solids that either float on the surface of, or in suspension
in, wastewater and which can be removed by standard laboratory procedures.
SYSTEM
The treatment works, as defined by Section 212 of the Act,
which are owned by the City and the collection system owned by the
City and/or the Township. The term also means the Township or its
authorized representative. This term includes any devices, processes,
and systems used by or for the Township in the storage, treatment,
recycling, or reclamation of wastewater or sludge from the treatment
works or the collection system.
TKN (TOTAL KJELDAHL NITROGEN)
The measure of the total ammonia nitrogen present in wastewater
after any organic nitrogen present has been converted to ammonia nitrogen
under standard digestive procedures and expressed in milligrams per
liter.
TOWNSHIP
The Charter Township of Blackman or other person or governmental
entity designated by the Township through contract, resolution, or
otherwise to exercise control over the system.
TOWNSHIP SUPERVISOR
The Township Supervisor or other person or governmental entity
designated by the Supervisor through contract, resolution, or otherwise,
to exercise control over the system.
µg/l
Micrograms per liter, or ppb.
UPSET
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards or
other limits applicable to the user because of factors beyond the
reasonable control of the user. An "upset" does not include noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
USEPA
The United States Environmental Protection Agency or its
successor.
USER
A person who discharges into the system and a municipality
whose collection system discharges into the system.
WASTEWATER
Water discharged to the system by a user which may or may
not contain other pollutants.
No discharger shall increase the use of potable or process water
in any way for the purpose of diluting a discharge as a partial or
complete substitute for adequate treatment before discharge to the
system to achieve compliance with the standards set forth in this
article.
The following confidentiality provisions shall apply:
A. All information and data submitted to the Township or its designee
relating to matters regulated in this article are presumed not to
be confidential. Information submitted by a user shall be clearly
marked on each page as to the portion or portions considered by the
user to be confidential and accompanied by a written explanation of
why the user considers the information confidential. Mere marking
of a page as "confidential" does not necessarily mean that the information
on that page must be kept confidential.
B. Information furnished to the Township or its designee on the volume
or characteristics of wastewater or pollutants discharged or proposed
to be discharged into the system shall be available to the public
or other governmental agency without restriction. When requested by
a user furnishing information, the portions of the information submitted
which may 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 National Pollutant Discharge Elimination System
(NPDES) permit, state disposal system permit, and/or the pretreatment
programs; provided, however, all such information shall be available
for use by the state, any state agency or the Township or its designee
in judicial review or enforcement proceedings involving the user furnishing
the information. The Township shall notify a user, who has requested
and is entitled to confidentiality for information furnished by the
user to the Township or its designee, that the Township or its designee
has sent such confidential information to another governmental agency
that has made a written request for it.
C. Where a user has mass-based limits as allowed by certain categorical
pretreatment standards on a production basis, the production data
necessary to determine compliance must also be provided by the user
to the Township or its designee, and be available to the public; where
application of the combined waste stream formula is necessary to apply
categorical pretreatment standards to a user, the flow measurements
and other data used in the calculation must be provided by the user
to the Township or its designee, and be available to the public.
D. Observations made by Township inspectors are subject to the confidentiality
provisions of this section as if they were in writing if the user
specifies in writing to the Township the observations made by the
Township inspector or his designee for which the user seeks confidentiality.
Each nondomestic user that uses or stores liquid material on
its facilities shall provide a storage or use area on its facilities
which is capable of containing the liquid material so that, in the
event of an accident, liquid material cannot escape therefrom by gravity
through private sewers or otherwise into the system in an amount which
would result in a prohibited discharge. The Supervisor or its designee
may order the nondomestic user to take interim measures for emergency
containment if circumstances so require.
The Supervisor or his designee is hereby empowered to, either
directly or through others:
A. Supervise the implementation of this article.
B. Institute actions against all users violating this article and, with
the Township Attorney, institute necessary legal proceedings to prosecute
violations of this article and compel the prevention and abatement
of violation of these regulations or nuisances arising therefrom.
C. Review the plans for pretreatment equipment, submitted by users.
D. Make inspections and tests of existing and newly installed, constructed,
reconstructed, or altered pretreatment equipment to determine compliance
with provisions of this article.
E. Investigate complaints of violations of this article and make inspections
and observations of discharges. Record such investigations, complaints,
inspections, and observations.
F. Issue orders requiring compliance with this article.
G. Propose the imposition of civil penalties for violations of this
article.
H. Determine surcharges to be levied pursuant to this article.
I. Recommend to the Township Attorney the institution of proceedings
in a court of competent jurisdiction to compel compliance with the
provision of this section or any determination or order which may
be promulgated or issued pursuant to these regulations.
J. Perform other actions necessary or advisable for the management and
operation of the system and the enforcement of this article and other
applicable laws and regulations.
An informal conference with the Township Supervisor or his designee may be required in writing, on a form provided by the Township or its designee, by any user deeming itself aggrieved by any notice of violation, civil citation, order, surcharge, penalty, or action on a permit by the Township Supervisor within five calendar days after the notice of violation, civil citation, order, notice of a surcharge, penalty or action on a permit has been served upon such user. The purposes of the informal conference are to discuss the matter by which the user deems itself aggrieved and to attempt to reach a settlement of the matter agreeable to the user and the Township. The Township Supervisor or his designee is not required to reach any conclusion or provide a decision as a result of an informal conference. If such a request is received, the Township Supervisor or his designee shall hold the informal conference within 10 calendar days of receipt of the request. A user is not required to request or participate in an informal conference as a precondition to requesting and participating in a hearing under §
99-70, nor is a user required to request or participate in a hearing under §
99-70 as a precondition to requesting and participating in an informal conference.
The system shall publish, once per year in the largest daily
newspaper in the Township or its designee, a public notice of users
which, at any time during the previous 12 months, were in significant
violation of federal, state or Township pretreatment standards or
requirements. For the purposes of this section, a user is in significant
violation if its violations meet one or more of the following criteria:
A. Chronic violation of discharge limits, defined here as those in which
66% or more of all of the measurements taken during a six-month period
exceed (by any magnitude) the daily maximum limit or the average limit
for the same pollutant parameter;
B. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements taken during a six-month
period equal or exceed the product of the daily average maximum limit
or the average limit times the applicable TRC (TRC = 1.4 for BOD,
TSS, fats, oil and grease, and 1.2 for all other pollutants except
pH);
C. Any other violation of a pretreatment effluent limit (daily maximum
or longer term average) that the system believes has caused, alone
or in combination with other discharges, interference or pass through
(including endangering the health of system personnel or the general
public);
D. Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or to the environment, and has resulted
in the system's exercise of its emergency authority to halt or
prevent such a discharge;
E. Violation, by 90 days or more after the schedule date, of a compliance
schedule milestone contained in a permit or enforcement order, for
starting construction, completing construction, or attaining final
compliance;
F. Failure to provide required reports such as baseline monitoring reports,
ninety-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules within 30 days of
the due date;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations which the system considers
to be significant.
It is unlawful for any person to knowingly make 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, a use permit (or any other special agreement), or
a final order, or to falsify, tamper with, or knowingly render inaccurate
any monitoring device or method required under this article. A violation
of this article is a misdemeanor punishable as provided.