[Adopted 8-16-1993 by Ord. No. 77; amended in its entirety 12-19-2016 by Ord. No. 125]
A.
Purpose. The purpose of this article is to establish standards, rules,
and regulations with respect to the use of the Township wastewater
system, to provide for charges for connection and use of the system
and to prevent the pollution of the environment.
B.
Scope.
(1)
This article shall apply to the Charter Township of Blackman and
to persons outside the Township who, by contract or agreement with
the Township, discharge into the system. Another municipality that
discharges into the system shall adopt an ordinance which is substantially
identical to this article.
(2)
This article provides for the regulation of discharge into the system
through the issuance of permits to major users and through enforcement
of the article's requirements against all dischargers into the
system. This article authorizes monitoring and enforcement activities
and requires discharger reporting.
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:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
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.
The intentional diversion of waste streams from any portion
of a user's treatment facility.
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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City of Jackson.
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 of the City of Jackson.
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.
Any sewer designed or intended to receive both stormwater
and sewage.
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.
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.
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.
The introduction of pollutants into the system which is either
intentional or unintentional.
A user that discharges only domestic wastes or wastes from
sanitary conveniences.
Any source which is not a new source as defined in this article.
Solid wastes from domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage, and sale of
produce.
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.
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.
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.
Any user of the system that:
Has a discharge to the system of 25,000 gallons or more per
average workday; or
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
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
Is subject to a FCPS; or
Discharges wastewater which makes up 5% or more of the average
dry weather hydraulic or organic capacity of the system.
The Department of Natural Resources of the State of Michigan
or its successor.
Milligrams per liter, or ppm.
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:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the processor production equipment that causes the discharge at an
existing source; or
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.
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.
Construction of a new source as defined under this section has
commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
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
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.
A user other than a domestic user.
A permit issued pursuant to the National Pollution Discharge
Elimination System for the discharge of wastewater into the surface
waters of the state.
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.
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).
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.
The negative logarithm of the concentration of hydrogen ions
in grams per liter of solution.
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.
Each lot or parcel of land, or building, having any connection,
direct or indirect, to the system.
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.
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.
A discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge.
Any building, structure, facility, vehicle or installation
from which there is or may be a discharge to the system.
The Executive Secretary of the Water Resources Commission
of the State of Michigan.
A sewer intended to carry only stormwaters, surface runoff,
street wash waters, and drainage of waters which are not wastewater.
Solids that either float on the surface of, or in suspension
in, wastewater and which can be removed by standard laboratory procedures.
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.
The system exclusive of the collection system.
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.
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.
The Township Supervisor or other person or governmental entity
designated by the Supervisor through contract, resolution, or otherwise,
to exercise control over the system.
Micrograms per liter, or ppb.
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.
The United States Environmental Protection Agency or its
successor.
A person who discharges into the system and a municipality
whose collection system discharges into the system.
Water discharged to the system by a user which may or may
not contain other pollutants.
A.
Management of the system. The system shall be and remain under the
management, supervision, and control of the Township. The Township
may employ a Township official to administer the facility and may
employ such others as the Township deems advisable to carry out the
management and operation of the system. The Township may make such
rules, orders, or regulations as deemed advisable and necessary to
assure the management and operation of the system.
B.
Standards, rules and regulations. The standards, rules and regulations
established in or pursuant to this article are for the preservation
of the public health, safety and welfare, and to fulfill the obligations
of the Township with respect to state and federal law and all rules
and regulations adopted pursuant thereto.
A.
Wastewater discharges to natural outlets. It shall be unlawful to
discharge without an NPDES permit to any natural outlet within the
Township, or in any area under its jurisdiction, either directly or
through a storm sewer.
B.
Wastewater disposal. Except as provided in this article, it shall
be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for the disposal
of wastewater.
C.
Private system required. All houses, buildings or properties which are required by other authority to have sanitary or industrial wastewater facilities and are located where the system is not available or required as specified by the provisions of § 99-54F of this article shall be equipped, at the owner's expense, with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of this article, and all applicable requirements of the State of Michigan Department of Public Health and Jackson County Sanitation Code. This article shall not apply to any private system which discharges to the system or which discharges directly to a natural outlet by authority of a separate NPDES permit and in compliance with applicable state and federal laws.
D.
Sanitary operation required. The owner or operator of any private
wastewater disposal facilities shall operate and maintain same in
a sanitary manner at all times in accordance with applicable state
requirements and at no expense to the Township. Such facilities shall
be subject to inspection by the Township at reasonable times.
E.
Further requirements. No statement contained in this article shall
be construed to interfere with any additional requirements that may
be imposed by health officials or other applicable authorities.
F.
Connection to wastewater sewer required. The owner of any house,
building, or property which is used for human occupancy, employment,
recreation, or other purposes, and abutting on any street, alley,
or right-of-way in which the system is available, is required at the
owner's expense to install suitable wastewater disposal facilities
therein, and to connect such facilities directly to the system in
accordance with the provisions of this article, within 90 days after
date of official notice to do so, provided that the system is within
200 feet of the property line, or if required by the Jackson County
Health Department. Any septic tanks, cesspools, or similar wastewater
disposal facilities shall, upon connection of toilet facilities to
the system, be emptied of wastes and refilled with suitable material
to prevent collapse. This subsection shall not apply to any persons
served by a privately constructed, owned, operated and maintained
wastewater sewer and wastewater treatment facility which discharges
directly to a natural outlet in accordance with the provisions of
this article and applicable state and federal laws.
A.
Connection permits.
(1)
No unauthorized person shall uncover, use, alter, disturb, or make
any connections with the system or a storm sewer, nor shall any person
discharge any substance into the system or storm sewer without possessing
a valid connection license of a class appropriate to the use of the
premises and the discharges to the system therefrom. All persons presently
using the system shall be deemed to possess a valid connection license.
(2)
There shall be three classes of licenses for connections to the system:
Class I, residential users; Class II, commercial users; and Class
III, industrial users. In all cases, the owner shall make application
on a form furnished by the Township for a license of the applicable
class to connect to the system or storm sewer. The application shall
be supplemented by such wastewater information as required by the
Township to administer this article. A license and inspection fee
in an amount determined by rate resolution of the Township Board shall
be paid to the Township at the time an application is filed. The City
may deny a connection license for a Class III connection if the application
shows that anticipated discharges will be harmful to the system or
storm sewer, will violate the provisions of this article, violate
the provisions of the City ordinance, or in any other way will hamper
the operation of the system or storm sewer.
(3)
The Township may deny a connection license if the application for license shows that anticipated discharges will be harmful to the system or storm sewer, will violate the provisions of this article, or in any other way will hamper the operations of the system or storm sewer. The Township or its designee may require, as a condition to granting such license, that the applicant enter into an agreement as set forth in § 99-56F of this article.
(4)
The Township shall not issue a connection license for any applicant
unless there is sufficient capacity, not legally committed to other
users, in the system or storm sewer to convey and adequately treat
the quantity and quality of wastewater which the required connection
will add to the system or storm sewer. The Township may allow such
license if there are legally binding commitments to provide the needed
capacity and the Township has available capacity.
(5)
Permits for major users shall be issued by the Township or its designee
pursuant to the provisions of Chapter 27, Water and Sewers, of the
Jackson City Code, but all applicable connection fees shall be paid
to the Township.
(6)
A violation of a connection license is a violation of this article.
B.
Connection costs. The costs and expenses incidental to the building
sewer installation and connection to the system or storm sewer shall
be borne by the owner. The owner shall indemnify the Township from
any loss or damage that may directly or indirectly be occasioned by
the installation of the building sewer.
C.
Separate connections required. A separate and independent building
sewer shall be provided for every building, except that where one
building stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building through
an adjoining alley, courtyard, or driveway, the building sewer in
the front building may be extended to the rear building and the whole
considered as one building sewer. The Township assumes no responsibility
for damage caused by or resulting from any single building sewer which
serves two buildings.
D.
Existing building sewers. Existing building sewers may be used for
connection with new buildings only when they are found, on examination
and test by the Township, to meet the requirements of this article.
E.
Building sewer design. The size, slope, alignment, construction materials,
trench excavation and backfill methods, pipe placement, jointing and
testing methods used in the construction and installation of the building
sewer shall conform to the building and plumbing code or other applicable
requirements of the Township. In the absence of code provisions or
in amplification thereof, the materials and procedures set forth in
appropriate specifications of the ASTM and WPCF shall apply.
F.
Building sewer elevation. Whenever practicable, the building sewer
shall be brought to a building at an elevation below the basement
floor. In buildings in which any building drain is too low to permit
gravity flow to the system or storm sewer, as the case may be, wastewater
carried by such building shall be lifted by an approved means and
discharged to a building sewer draining to the system or storm sewer.
G.
Conformance to applicable codes.
(1)
The connection of a building sewer into the system or storm sewer
shall conform to the requirements of the building and plumbing code
or other applicable requirements of the Township or the procedures
set forth in appropriate specifications of the ASTM or the WPCF. The
connections shall be made gastight and watertight and verified by
proper testing. Any deviation from the prescribed procedures and materials
must be approved in writing by the Township before installation.
(2)
The connection of a surface runoff or groundwater drain to a storm
sewer or natural outlet designed to transport surface runoff or groundwater
drainage shall conform to the requirements of the applicable building
code or other applicable requirements of the City. The connection
of any such drain to the system under a user permit shall conform
to the requirements specified by the City as a condition of approval
of such use permit.
H.
Connection inspection. The applicant for a connection license shall
notify the Township when such sewer or drainage connection is ready
for inspection prior to its connection to the system or storm sewer,
and upon payment of any fees required by the Township, inspection
and testing as deemed necessary by the Township, and as required by
Township building or plumbing codes, shall be conducted. Connections
of major users shall be inspected by the City.
I.
Excavation guards and property restoration. Excavations for building
sewer installation shall be adequately guarded with barricades and
lights so as to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the Township.
A.
Discharge prohibitions. The regulations contained in this section
are generally intended to:
(1)
Prohibit the discharge to the system of wastewater which may cause
interference or could have detrimental effects on the physical structures
or operating personnel of the system or on the general public; and
(2)
Restrict the discharge to the system of stormwater, groundwater (contaminated
and uncontaminated), and noncontact cooling water.
B.
Prohibited discharges. No user shall discharge, cause to be discharged,
or allow to be discharged into the system any of the following:
(1)
Pollutants which create a fire or explosion hazard in the system,
including, but not limited to, pollutants with a closed cup flashpoint
of less than 140° F. (60° C.), as determined by a Pensky-Martens
Closed Cup Tester, using the test method specified in ASTM Standard
D-93-79 or D-93-80k (incorporated by reference, see Section 260.11)
or a Setaflash Closed Cup Tester, using the test method specified
in ASTM Standard D-3278-78 (incorporated by reference, see Section
260.11) and pollutants which cause an exceedance of 10% of the lower
explosive limit (LEL) at any point within the system.
(2)
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the system in a quantity that may cause acute or chronic
health and safety problems for workers.
(3)
Pollutants which cause or may cause corrosive structural damage to
the system but in no case wastewater with pH lower than 5.0 or higher
than 10.0.
(4)
Solid or viscous pollutants in amounts which could cause or do cause
obstruction to flow or interference in the system.
(5)
Any pollutants, including oxygen-demanding pollutants, released in
a discharge at a flow rate and/or pollutant concentration which will
cause or may cause interference in the system.
(6)
Pollutants which may cause or do cause:
(a)
Impairment of the strength or durability of structures in the
system.
(b)
Restriction of hydraulic capacity of structures in the system.
(c)
Unsafe conditions to personnel in the inspection or maintenance
of structures of the system or unsafe conditions to the general public,
with respect to the collection system.
(7)
Heat in amounts which will inhibit biological activity in the system
resulting in interference, but in no case heat in such quantities
that the temperature at the system treatment plant exceeds 40°
C. (104° F.) unless the State Director, upon request of the system,
approves alternate temperature limits.
(8)
Pollutants which cause or may cause pass through or interference,
including petroleum oil, nonbiodegradable cutting oil, or products
of mineral oil origin in amounts that cause or may cause interference
or pass through.
(9)
Any pollutants which exceed the limitations set forth in a categorical
pretreatment standard.
(10)
Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction are capable of creating a public nuisance.
(11)
Any pollutant introducing colors not removed in the treatment
process, such as but not limited to dye wastes and vegetable tanning
solutions.
(12)
Any unpolluted water, noncontact cooling water, stormwater,
groundwater (contaminated and uncontaminated), or surface water, unless
separate system facilities are available and identified for such discharges.
(13)
Any radioactive wastes in harmful quantities as such quantities
are defined by applicable state and federal regulations.
(14)
Any solvent extractables (grease, fat, oil or other freon soluble
materials) in excess of a daily average of 50 mg/l.
(15)
Any grease, oil or other pollutants that will become solid or
viscous at a temperature of 60° C. or below after being discharged
into the system.
(16)
Any insoluble substance retained by a standard No. 8 sieve or
having any dimension greater than 1/2 inch.
(17)
Insoluble substances having a specific gravity greater than
2.65.
(18)
Improperly shredded garbage.
(19)
Sludge which results from a treatment process unless the Supervisor
has determined that it is amenable to treatment by the system without
application of unusual means or expense.
(20)
Discharges greater than the following concentrations of specific
pollutants are prohibited.[1]
[1]
Editor's Note: See Table 1, Prohibited Discharges, which
is included as an attachment to this chapter.
C.
Trucked wastes. No wastes or wastewater shall be discharged by any
user or person into the system from a vehicle which transported the
waste or wastewater to the point of discharge, unless such discharge
is approved in writing prior to the discharge by the Supervisor or
his designee. No wastes or wastewater shall be discharged by any user
if such waste or wastewater was at any time transported by a vehicle
(such as a tank truck) from its point of generation prior to discharge
to the system, unless such discharge is approved in writing prior
to the discharge by the Supervisor or his designee. The Supervisor
or his designee may specify which location must be used and any other
terms and conditions for such discharges, including a requirement
for a use permit.
D.
Categorical pretreatment standards. A user shall comply with all
categorical pretreatment standards and any other pretreatment requirements
established under Section 307(b), 307(c), or 402(b)(8) of the Act
that are applicable to that user. If a categorical pretreatment standard
and another limit contained in this article regulate the same pollutant,
then the more restrictive of the two shall apply.
E.
Future conditions. Future conditions imposed on the Township by government
agencies with proper jurisdiction may require subsequent amendment
of these regulations by the Township. Where federal or state promulgated
pretreatment standards require limits on parameters not covered in
this regulation or limits more stringent than those specific in the
regulation, the state or federal limits shall have precedence and
take effect with respect to the applicable user on the later of:
F.
Special agreements. Nothing in this section shall be construed as preventing a special agreement between the Township or its designee and any user, which may be in the form of a use permit, whereby wastewater otherwise prohibited by this article is accepted in the system and other special arrangements are made between the Township and any user. The special arrangements may include, but are not limited to, pollutant concentration discharge limitations different than those provided in this article. The Township or its designee shall not be obligated to enter into a special agreement but may do so in its discretion. A special agreement shall not create any vested rights or property rights for the user. A special agreement shall not create rights to discharge to the system which the user would not have in the absence of a special agreement. The special agreement may be terminated or modified at will by the Township or its designee. Provisions relating to termination or modification of a special agreement may be more fully set forth in the special agreement. As a condition to the issuance of or entry into a special agreement, the Township or its designee shall require the user to sign an acknowledgment and acceptance of the provisions of this subsection. Any such agreement or arrangement may contain provisions for the user to pay a surcharge to the Township or its designee. A violation of the terms of any special agreement shall be a violation of this article, punishable as provided in § 99-71 of this article.
G.
Reserved right of revision. The Township reserves the right to establish
by ordinance more stringent limitations or requirements on discharges
to the system.
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.
A.
Authority of inspectors. Authorized representatives of the Township
exhibiting proper credentials and identification shall be permitted
at all reasonable times to enter all users' properties and the
property of contract municipalities for the purposes of inspection,
observation, measurement, sampling and testing in connection with
the administration of and in accordance with the provisions of this
article.
B.
Safety rules of user. While on the property of the user, the authorized
representatives of the Township shall observe all reasonable safety
rules applicable to the premises established by the user.
C.
Other inspection. Inspection by state or federal representatives
pursuant to law shall not relieve a user from inspection by Township
representatives, and inspection by the Township representatives shall
not relieve any user from compliance with lawful inspection by state
or federal representatives.
A.
Wastewater sampling and analyses.
(1)
The prohibitions in § 99-56 or as set forth in a special agreement (which may be a use permit) shall apply at the point where wastewater and pollutants are discharged or caused to be discharged into the system, and required pretreatment shall be effected before such point is reached.
(2)
All measurements, tests, and analyses of the characteristics of the
discharge shall be determined in accordance with the current edition
of "Standard Methods for the Examination of Water and Wastewater,"
published by the American Public Health Association, most current
American Society for Testing Material (ASTM), and EPA-approved procedures
contained in 40 CFR, Part 136, or any validated methods from a recognized
authority in cases where the above referenced procedures are not available
or do not apply to the characteristic involved, or another method
accepted by the Township or its designee.
B.
Major user sampling and analyses. Unless otherwise modified by a
use permit, the following shall apply:
(1)
Subject to events beyond the control of the major user, major users
shall sample or cause to be sampled their discharge by composite flow
proportioned sampling. Samples must be obtained whenever the user
is discharging and for all days on which the user discharges. The
flow proportioned composite sampling shall be programmed for a minimum
of 100 sampling events per day based on the average permitted flow
per day. Dilution is prohibited. The major user shall submit a written
description of the specific sampling method, sampling equipment, and
sampling location to the Supervisor and obtain the approval of the
Supervisor or his designee. For users with a new source, this approval
shall be obtained prior to commencement of the discharge. Major users
discharging as of the effective date of this article shall obtain
such approval within 90 days of such effective date.
(2)
Major users may elect to not perform self-monitoring, in which case
the Township or its designee may obtain samples using composite flow
proportioned sampling or may contract with an independent firm for
such sampling. Samples must be obtained whenever the user is discharging
and for all days on which the user discharges. The flow proportioned
composite sampler shall be programmed for a minimum of 100 sampling
events per day based on the average permitted flow per day. Dilution
is prohibited. The major user shall pay a sampling fee to the Township
to fully reimburse the Township for such sampling, including administrative
and overhead costs. If the Township contracts with an independent
firm for such sampling, the major user shall fully reimburse the Township
for amounts paid by the Township to such firm.
(3)
The major user shall provide equipment at its facility to properly
preserve and store up to 35 consecutive daily samples, whether or
not that user is performing the sampling.
(4)
A sample shall be taken and preserved and stored at the major user's
facility for every day on which a discharge occurs. At least 10 daily
samples shall be analyzed each calendar month. Daily samples for alternate
days on which a discharge occurs shall be analyzed unless the Township
specifies to the major user, no later than the fifth day after the
end of the calendar month, which days five of the samples must be
analyzed for that calendar month. If the major user discharges for
less than 10 days in a calendar month, then the number of samples
shall equal the number of days on which there is a discharge.
(5)
Samples shall be analyzed at the sole cost of the major user. If
a major user does its own sampling or causes its samples to be taken,
then such user shall submit the samples to a laboratory (which may
be the major user's own laboratory) approved by the Township
for analysis. If the major user utilizes its own laboratory, that
major user shall send a split sample to an independent laboratory
at least quarterly as a quality control check. If the major user does
its own sampling and/or analysis, the Township may also take and have
analyzed up to four daily composites or up to four grabs per day for
up to four days at the sole cost of the major user in any calendar
month. If the Township takes the samples, the Township, in its sole
discretion, may analyze the samples in its own laboratory or contract
with an independent laboratory for the analysis.
(6)
The date when a sample is taken, start time, stop time, sample location,
sampler programming information, and persons involved in the sampling
shall be recorded by the major user if the major user is self-monitoring.
(7)
Flow measurements shall be taken to record the daily discharge volume.
(8)
All analytical results for the month shall be submitted to the Township
by the 15th day of the following month if the major user does self-monitoring.
The Township shall provide copies of analytical results for a major
user if the Township performs the monitoring.
(9)
The Township shall be provided with splits of any sample taken by
a major user if the Township requests a split sample. A major user
shall be provided with splits of any sample taken by the Township
if the major user requests a split sample within seven days after
the sample is taken. Split samples shall be provided at the time the
sample is taken, if possible.
(10)
A major user (who is performing self-monitoring) or the Township
(if the major user is not performing self-monitoring) shall contract
with an independent company to maintain, repair, and calibrate the
sampling and flow measurement equipment and instruments used to monitor
that major user. Such maintenance, repair, and calibration shall be
performed as necessary so that monitoring data is accurate and representative,
but in no event less frequently than twice in a calendar year at reasonable
intervals. The Township, in any event, may inspect and test a major
user's flow meters at reasonable times.
C.
Other users. The Supervisor or his designee may require any other
user to install a suitable control structure and necessary measuring
and sampling devices to facilitate the observation, sampling and measurement
of the quantity, composition and concentrations of discharges to the
system. Such structure and devices shall be constructed and installed
at the user's expense in accordance with plans submitted to the
Supervisor, and shall be maintained by the user so as to be safe and
accessible during all reasonable times and so as to provide accurate
and representative monitoring data. If the user fails to install such
a structure and devices, or maintain them, the Township or its designee
may do so at the expense of the user.
D.
Removal of samples and data. The Supervisor or the Supervisor's
authorized representative shall have the right to take and remove
samples of wastewater and pollutants discharged into the system and
make copies of other data and materials concerning the same inspected
during an entry upon the user's property. If the Township or
its designee requests that the user make photocopies of documents,
the Township shall give the user at least 24 hours' notice of
such a request, but this notice requirement does not affect the rights
of the Township to immediately copy data or other materials. Upon
the written request of such user, split samples will be provided.
E.
Authority to require submission of samples. The Supervisor may require
any user to submit one or more representative samples of the wastewater
discharged or which it proposes to discharge into the system.
F.
Failure to permit access or removal of samples and other data. In the event a user refuses to permit access to an authorized Township representative or permit such representative to obtain, take, and remove samples and make copies of other data pursuant to § 99-59B, the Township may:
G.
New installation of pretreatment facilities.
(1)
Notices. The user or its authorized agent shall notify the Supervisor
in writing within five days after the completion of a new installation
of pretreatment facilities of the time it intends to commence operation
thereof. The user shall notify the Supervisor of when startup of such
facilities will occur, the time, and the person who will conduct any
tests to be performed. The pretreatment facilities shall not be placed
in regular operation until such tests have been conducted to establish
that the discharges will be in compliance with this article.
(2)
Tests by users. A representative of the Township shall be permitted
to witness the tests upon prior written request. The cost of the tests
shall be paid by the user of the facilities.
A.
Surveillance report required. The Supervisor or his designee, by
written order, may require any nondomestic user to submit periodic
reports on forms provided by the Township which shall include information
on the quality and quantity of wastewater and pollutants discharged
into the system. Said report shall include the volume of wastewater
and concentration of pollutants, and be related to pretreatment standards
as shall be required by the Supervisor or his designee. The names
of all persons responsible for operating and maintaining any pretreatment
equipment or pretreatment processes, or responsible for wastewater
management at the user's facilities, shall be listed in said
report with a brief description of each person's duties. The
Supervisor or his designee may also require additional information
from such users as to materials or substances which may cause interference
or pass through.
(1)
Mandatory report. The Supervisor or his designee shall notify forthwith
each major user that it is required to file surveillance reports.
(2)
Initial report. Each nondomestic user which has been notified of
its obligation to file surveillance reports shall file an initial
report within 60 days from the date such notice is served upon said
user.
(3)
Monthly reports. Each nondomestic user so notified by the Supervisor
or his designee may be required to file monthly surveillance reports
by the 15th day of the following month for the preceding month.
(4)
Quarterly reports. Each nondomestic user required to submit quarterly
surveillance reports shall submit the same before January 31, April
30, July 31, and October 31 of each year for the quarter ending on
the last day of the preceding month.
(5)
Semiannual reports. Semiannual surveillance reports shall be submitted
in June and December each year, for the preceding six calendar months,
commencing in 1991.
(6)
Report on changed discharge. Each major user shall promptly notify the Supervisor or his designee in advance of any substantial change in the volume or character of pollutants in its discharge, including the hazardous wastes for which the nondomestic user has submitted initial notification under § 99-60D hereof.
(7)
Signature on reports. The surveillance reports referred to in this
section shall be signed as follows:
(a)
By a responsible corporate officer, if the user submitting the
reports is a corporation. A "responsible corporate officer" means:
[1]
A president, secretary, treasurer, or vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy-making or decisionmaking functions
for the corporation; or
[2]
The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons, if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
(b)
By a general partner or proprietor if the user submitting the
reports is a partnership or sole proprietorship, respectively.
(c)
[2]
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the discharge originates, such as the position of plant manager,
or a position of equivalent responsibility, or having overall responsibility
for environmental matters for the company; and
[3]
The written authorization is submitted to the Supervisor.
B.
Notice of exceedance or major user status. All nondomestic users
shall promptly notify the Township, in advance if possible, of a discharge
which exceeds a limit in this article or which may convert the user
into a major user. Where a change in discharge may convert the user
into a major user, such user shall promptly submit an application
for a permit to the Township.
C.
Emergency or accidental discharges. All nondomestic users shall report
to the Supervisor or his designee as soon as possible any discharges
which are known to exceed the limits established by this article in
a use permit, in any other special agreement, in a FCPS, or in any
other applicable law or regulation.
(1)
Notice. Such notice shall be given in advance whenever possible and
contain available information regarding the intended or accidental
discharge, volume, duration, constituents, loading and concentrations,
and such other available information as may be necessary to determine
what impact such discharge may have on the system.
(2)
Emergency contact point. The following are the emergency contact
points which shall be notified in the event of an emergency or accidental
or slug discharge to the collection system:
|
Township Supervisor
|
Wastewater Treatment Plant
| |
|
788-4345
|
788-4075
|
(3)
Posting of permit and accidental discharge information. All nondomestic
users shall post a clearly legible set of instructions in the area
where the user manages wastewater so that the report and notice requirements
of this section are made known and are available to the user's
employees. Such users shall also post the user's permit along
with these instructions if the user holds a permit. Such users shall
instruct their employees on the reporting and notice requirements
of this section.
(4)
Slug discharges. The Supervisor or his designee may, by written notice
to a user, require that the user prepare and implement a slug control
plan. Such plan shall be submitted to the Supervisor for approval
as specified in the written notice. The plan shall contain at least
the following:
(a)
Description of discharge practices, including nonroutine batch
discharges;
(b)
Description of stored materials;
(c)
Procedures for immediately notifying the Supervisor of slug
discharges, including any discharge that would violate a prohibition
under 40 CFR 403.5(b) with procedures for follow-up written notification
within five days;
(d)
Procedures to prevent adverse impact from accidental spills,
including inspection and maintenance of storage area, handling and
transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
D.
Notification regarding wastes which are otherwise hazardous.
(1)
Any nondomestic user that discharges to the system any substance
which, if disposed of other than by discharge to the system, would
be a hazardous waste under 40 CFR 261 or under the rules promulgated
under the Michigan Hazardous Waste Management Act ("Michigan Rules")
shall notify the Supervisor, the USEPA Region V Waste Management Division
Director, and the Chief of the Waste Management Division of the Michigan
Department of Natural Resources of such discharge. The notice shall
be given by February 19, 1991, except that for discharges for such
substances which commence after August 23, 1990, the notice shall
be given within 180 days after the discharge first occurs. The notice
shall be in writing and shall include the name of the hazardous waste
set forth in 40 CFR 261 or the Michigan Rules and type of discharge
(continuous, batch, or other). If the nondomestic user discharges
more than 100 kilograms of such waste per calendar month to the system,
the notice shall also contain the following information to the extent
such information is known and readily available to the nondomestic
user:
(2)
Notification under this subsection needs to be submitted once for
each hazardous waste discharged. Notification under this subsection
is not required for pollutants already reported under self-monitoring
by nondomestic users under FCPS reporting requirements. A nondomestic
user is exempt from notification under this subsection during a calendar
month in which the nondomestic user discharges no more than 15 kilograms
of hazardous wastes unless the wastes are acute hazardous wastes as
specified in 40 CFR 261(d) and 261.33(e). In the case of a new regulation
which first regulates a substance as a hazardous waste after August
23, 1990, notification under this subsection shall be made within
90 days of the effective date of such regulation. In any notice submitted
under this subsection, the nondomestic user shall certify that it
has a program in place to reduce the volume and toxicity of hazardous
wastes generated to the degree the user has determined to be economically
practical.
E.
Reports by the Supervisor re: users affected by FCPS. The Supervisor
or his designee shall notify all nondomestic users that might be subject
to FCPS of such fact and of any applicable requirements under Sections
204(b) and 405 of the Act and Subtitles C and D of the Federal Resource
Conservation and Recovery Act.
F.
Reports by users re: FCPS. Within 180 days after the effective date
of an FCPS, or 180 days after the final administrative decision made
upon a category determination submission under 40 CFR 403.6(a)(4),
whichever is later, existing nondomestic users subject to such FCPS
which currently discharge or are scheduled to discharge into the public
sewer or the system shall submit reports to the Supervisor required
by 40 CFR 403.12(b), as amended. At least 90 days prior to commencement
of discharge, new sources and nondomestic users that become subject
to an FCPS subsequent to the promulgation of an applicable FCPS shall
submit the reports to the Supervisor requested by 40 CFR 403.12(b),
as amended. Within 90 days following the date for final compliance
with applicable FCPS or, in the case of a new source, following commencement
of the discharge into the system, any nondomestic user subject to
FCPS shall submit the reports to the Supervisor required by 40 CFR
403.12(d), as amended. In addition, any nondomestic user subject to
an FCPS, after the compliance date of such FCPS, or, in the case of
a new source, after commencement of the discharge into the public
sewer or system, shall submit the periodic reports to the Supervisor
required by 40 CFR 403.12(e), as amended.
G.
Maintenance of records. Any nondomestic user subject to the sampling, analysis, or reporting requirements in this article, including reports under 40 CFR 402.12, as amended, shall maintain copies of the reports and records pertaining to those reports. Such reports and records shall be retained by such user, and by the Township if such reports and records have been submitted to the Township, for at least three years. This period shall be extended during the course of any unresolved litigation regarding the discharges of the user or the system pretreatment program or when requested by the Supervisor, the State Director, or USEPA. All nondomestic users who have records regarding their generation, treatment, storage or disposal of hazardous waste or solid waste shall maintain such records for such period and make them available to the Township for inspection and copying, subject to the provisions contained in § 99-62, Confidential information. The terms "hazardous waste" and "solid waste" shall have the same definition as provided in the Michigan Hazardous Waste Management Act, as amended, and rules promulgated thereunder.
A.
Permit application. A major user must have a use permit to discharge
to the system. A major user shall apply for the permit within 30 days
after receipt of a blank application from the Township or his designee.
To establish whether a nondomestic user would be classified as a major
user, nondomestic users shall file a permit application with the Township
which will consist of the following information, to the extent required
in the permit application:
(1)
Name, address and location of the user.
(2)
Whether the user is a corporation, partnership, proprietorship, or
some other entity (if so, what type of entity), and the name of the
person(s) responsible for discharges by the user.
(3)
Standard Industrial Classification (SIC) number according to the
Standard Industrial Manual, Bureau of the Budget, 1972, as amended.
(4)
Discharge constituents and characteristics, including, but not limited
to, toxic pollutants as determined by bona fide chemical and biological
analyses. Sampling and analyses shall be performed in accordance with
the procedures established by the United States Environmental Protection
Agency and contained in 40 CFR Part 136, as amended.
(5)
Time and duration of discharges.
(6)
Average daily and instantaneous peak discharge flow rates in gallons
per day, including daily, monthly, and seasonable variations, if any.
All flows shall be measured unless other verifiable techniques are
approved by the Supervisor.
(7)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, inspection manholes, sampling
chambers, and other relevant equipment by size, location and elevation.
(8)
Description of activities, facilities, and plant processes on the
premises, including all materials which are or may be discharged to
the system.
(9)
Nature and concentration of any pollutants in the discharge limited
by this article, together with a statement regarding whether or not
compliance is being achieved with this article on a consistent basis
and, if not, whether additional operation and maintenance activities
and/or additional pretreatment is required for the user to comply
with this article.
(10)
Each product produced by type, amount, process or processes,
and rate of production, where relevant to an FCPS.
(11)
Type and amount of raw materials utilized (average and maximum
per day), including copies of material safety data sheets.
(12)
A list of all environmental permits and a copy of each such
permit held by the user applicable to the site to which the user permit
applies.
(14)
In the case of new sources, the applicant shall supply estimated
expected information to the extent actual data is not available. New
sources who will be major users shall submit a complete permit application
at least 90 days prior to the commencement of its discharge to the
system.
B.
Permit issuance (major users). The Supervisor or its designee shall
evaluate the application and data furnished by the user and may require
additional information from the user to complete the application.
Within 120 days after the submission of a complete application, the
Supervisor or his designee shall make a determination as to whether
the applicant is a major user. If not, the Supervisor or his designee
shall so notify the applicant. For a major user, the Supervisor or
his designee shall issue or deny a permit subject to terms and conditions
provided herein.
C.
Permit term. A major user permit shall be issued for a term not to
exceed five years. The Supervisor or his designee may issue the permit
for a shorter period. A permittee shall apply for reissuance of a
permit by submitting a complete application at least 180 days prior
to the expiration of the existing permit. If a permittee complies
with the preceding sentence, the existing permit shall continue until
final action is taken by the Supervisor on the application for renewal.
D.
Permit modifications.
(1)
The Supervisor or his designee shall have the right to amend any
permit issued hereunder in order to:
(a)
Assure compliance by the system with applicable laws, regulations,
and the system NPDES permit;
(b)
Account for substantial changes in discharges by the user;
(c)
Account for new information concerning the pollutants discharged
by the user;
(d)
Reflect changes in federal or state laws and regulations or
in Township ordinances;
(e)
In the event there are operational changes at the system that,
as determined by the Supervisor, require revision of the permit; or
(f)
Modify or terminate any special agreement provision contained
in a permit.
(2)
The user shall be informed of any changes in the permit at least
30 days prior to the effective date of change, unless a shorter time
is necessary to meet applicable law or to protect human health or
the environment.
E.
Permit conditions. User permits shall specify no less than the following:
(1)
Schedule of fees and charges.
(2)
Limits on the average and maximum wastewater constituents and characteristics.
(3)
Limits on average and maximum rate and time of discharge and/or requirements
for flow regulation and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
Requirements for installation and operation of discharge flow monitors.
(6)
Special conditions as the Supervisor may require under particular
circumstances for a given discharge, including sampling locations,
frequency of sampling, number, types, and standards for tests and
reporting schedules.
(7)
Compliance schedules.
(8)
Requirements for submission of special technical reports or discharge
reports where different from those prescribed by this article.
(9)
Requirement for notification to the Township of a discharge which
exceeds a limit in the permit, of changes in the discharge which result
in the discharge of a pollutant not described in the permit application,
or in amounts in excess of the maximum described in the permit application.
(10)
Statement of duration (no more than five years).
(11)
Statement regarding transferability.
(12)
Statement of applicable civil and criminal penalties for violation
of discharge limitations, pretreatment requirements and compliance
schedules.
(13)
Other conditions, as determined by the Supervisor, necessary
to assure compliance with this article and other applicable laws.
F.
Permit fees. Major users shall pay use permit fees to the Township
or its designee in amounts to reimburse the Township for its costs
of processing the application, in administering the permit once it
is issued, and in processing renewal applications. These fees shall
be determined by the Supervisor.
G.
Permit revocation.
(1)
The Supervisor or his designee may revoke a permit during its term
or deny a permit renewal if:
(a)
The permittee has failed to comply with any condition of the
permit.
(b)
The permittee fails, in the permit application or during the
permit issuance process, to disclose fully all relevant facts or the
permittee misrepresents any relevant fact at any time.
(c)
The Supervisor or his designee determines that the permitted
discharge endangers human health or the environment and the threat
can only be abated by revocation of the permit.
(d)
There has been a change in any condition that requires either
a temporary or permanent reduction or elimination of the discharge.
(e)
The permittee is in default, after having received written notice
of such default, in the payment of fees or other amounts owed to the
Township related to wastewater matters.
(f)
The permittee has not complied with any provisions of this article.
(2)
Upon revocation of its permit, a user shall immediately terminate
its discharge to the system.
H.
Compliance with permit. A user shall comply with all of the provisions
of its permit. A violation of any provision of a permit is a violation
of this article, subject to the penalty, damage, surcharge, and other
enforcement provisions of this article.
I.
Limitations of permit transfer. Major user permits are issued to
a specific user for a specific operation at a specific location and
are not assignable to another user or transferable to any other location
without prior written approval of the Supervisor. The Supervisor or
his designee shall approve a use permit transfer and make the necessary
minor modifications to the user permit to show the transferee as the
permittee, if the following conditions exist:
(1)
The transferor has not violated any provision of the use permit or
of this article during the six-month period preceding the date of
the transfer.
(2)
As of the date of the transfer, there are no unpaid charges or fees
due to the Township or its designee from the transferor related to
use of the system.
(3)
Each application for the use permit filed by the transferor remains
the same with respect to the discharge, facilities, and activities
of the transferee, except as to the identity of the discharger.
(4)
The transferor provides written evidence to the Supervisor that a
copy of the use permit has been provided to the transferee.
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.
A.
General standards for pretreatment. In the event a user discharges
or proposes to discharge wastewater or pollutants to the system which
are prohibited by this article, the Supervisor or his designee may
take any or all of the following steps:
B.
Pretreatment. Any user subject to an order to pretreat shall prepare
a plan to effect and achieve the pretreatment of its discharge so
that the same shall comply with its final order. Such plan shall be
submitted to the Supervisor within a reasonable period specified in
the final order. The plan shall be prepared in accordance with good
engineering practices and shall state whether construction is necessary
as well as identify the measures which may be implemented without
construction. The plan shall contain a schedule of compliance for
the completion of each of the various phases necessary to implement
full pretreatment, which schedule must be first approved by an order
of the Supervisor.
C.
Pretreatment compliance.
(1)
Schedule of compliance. The schedule of compliance shall consist
of one or more remedial measures, including enforceable timetables
for a sequence of actions or operations leading to compliance with
a pretreatment standard, or other limitation prohibition or standard.
(2)
Steps or phases. The following steps or phases shall be included
in the schedule of compliance, where applicable and appropriate:
(a)
Retention of a qualified engineer and/or consultant.
(b)
Completion of any engineering or scientific investigations or
surveys deemed necessary.
(c)
Preparation and submission of a preliminary plan to achieve
pretreatment.
(d)
Preparation of plans and specifications, working drawings, or
other engineering or architectural documents which may be necessary
to effect pretreatment.
(e)
Establishment of a date to let any contract necessary for any
construction.
(f)
Establishment of completion dates for any construction necessary.
(g)
Establishment of a date to accomplish full pretreatment pursuant
to the final order.
(h)
Establishment of separate timetables for a phase or unit in
the event a phase or unit of construction or implementation may be
effected independently of another phase or unit.
(3)
Amendment. The order shall be subject to amendment, change or revocation,
provided notice of such action shall be served upon the user in the
same manner as in the original order and subject to the same procedure
for review and appeal.
D.
Federal Categorical Pretreatment Standards (FCPS).
(1)
Inclusion in standard. If an FCPS is promulgated for a subcategory
under which the user believes itself to be included, the user or the
Supervisor may request within 60 days after the promulgation date
of the appropriate state or federal official a written certification
to the effect that the user does or does not fall within that particular
subcategory. Such request shall be made and reviewed in accordance
with the procedures set forth in 40 CFR 403.6(a), as amended.
(2)
Compliance date. A user to which a promulgated FCPS applies shall
achieve compliance with such standard within the time period provided
for in 40 CFR 403.6(b), as amended.
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.
A.
Generally. Users exceeding the limitations established by § 99-56, Discharges, where no order or permit has been issued to that user, or the limits contained in a pretreatment order or use permit applicable to that user, shall be subject to the imposition of one or more surcharges as provided by this section.
B.
Applicability of surcharge. Any such user shall be liable for the
imposition of a surcharge to reimburse the system for any costs or
expenses (direct or indirect) it may incur in handling or treating
such discharge (or which may be imposed upon the Township) where the
exceedance of such limits causes or contributes to such costs or expenses.
C.
Determination of surcharge. The Supervisor shall calculate the amount
of the surcharge to be assessed against such user.
D.
Criteria of surcharge. The amount of surcharge may be based upon
at least the following:
(1)
The volume of the discharge.
(2)
The length of time such discharge occurred.
(3)
The composition of such discharge.
(4)
The nature, extent, and degree of success the system may achieve
in minimizing or mitigating the effect of such discharge.
(5)
The toxicity, degradability, treatability, and dispersal characteristics
of such discharges.
(6)
Costs incurred by the Township to treat the discharges, including
sludge handling and disposal.
(7)
Fines and penalties imposed on the Township. The surcharge may also
include the Township's costs of defense (including actual attorneys'
fees, consultant fees, and sampling and analytical fees) of actions
brought or threatened against the Township by the state or federal
government or third parties.
(8)
Any damages to the system or damages imposed by the Township by the
state or federal government or third parties.
(9)
Such other factors as the Supervisor deems appropriate.
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.
A.
Generally. Whenever the Township Supervisor or his designee has determined
that any user has violated this article or other applicable laws or
regulations which the Township is authorized to enforce, the Township
Supervisor may issue an order to take actions deemed appropriate by
the Township Supervisor or his designee under the circumstances.
B.
Types of orders. The following orders may be issued by the Township
Supervisor or his designee:
(1)
Immediate cease and desist. An order to immediately cease and desist
from discharging any wastewater or pollutant which presents or may
present imminent or substantial endangerment to the health or welfare
of persons or the environment, or could cause interference with the
operation of the system. Such order shall be final and in effect until
a hearing, if requested, is concluded and a final decision is made
by the Township Supervisor pursuant to this article. If a hearing
is requested, it shall be held as soon as reasonably possible, but
not to exceed five calendar days after the date the request for a
hearing is received by the Township Supervisor. Such hearing will
be held only if requested by the user.
(2)
Order to cease discharge within a time certain. The Township Supervisor
may issue an order to show cause why an order to cease discharge by
a certain time and date should not be issued. Such order may also
contain such conditions as deemed appropriate by the Township Supervisor.
Nonpayment of use permit and fees and noncompliance with any term
of a use permit shall constitute sufficient cause for an order to
cease discharge within a time certain.
(3)
Order to effect pretreatment. The Township Supervisor may issue an
order to show cause why a user should not be required to pretreat.
(4)
Order to perform affirmative actions. The Township Supervisor may
also issue an order to users subject to this article to require such
user to perform any action required of it under this article, including,
but not limited to, the following:
(a)
Submit samples.
(b)
Install sampling or monitoring equipment.
(c)
Submit reports.
(d)
Permit access for inspection, sampling, tests, monitoring and
investigations.
(e)
Install and operate pretreatment equipment.
(f)
Reduce or eliminate a discharge or pollutants in a discharge.
(g)
Payment of use permit fees.
C.
Content of orders. Any order issued by the Township Supervisor shall
contain the facts and reasons and grounds for its issuance, and the
remedial action ordered as well as the time within which such action
shall be taken. No such order shall be deemed insufficient, however,
for inconsequential errors and omissions in the facts and reasons
and grounds for the order. If any user deems the content of the order
to contain insufficient information, it may ask the Township Supervisor
for additional information. Multiple orders may be issued simultaneously
or in combination as a single order by the Township Supervisor with
respect to a single user.
A.
Civil citations (notices of violation). The Township Supervisor or
his designee may issue a civil citation with or without an order against
any user deemed to be in violation of this section and determine the
civil administrative penalty, if any, to be imposed.
B.
Service. The citation shall be served upon the user either by personal
delivery or by first-class mail addressed to such user, except that
an immediate cease-and-desist order may be written or oral, and may
also be served by telephone.
C.
Content of citation. The citation shall specify the following:
(1)
Date and time of issuance.
(2)
Date(s), time(s), and place(s) of violation, the nature of the violation,
the substances discharged, where ascertainable, and the volume of
such discharge, where applicable.
(3)
Reference to the pertinent section of this article under which the
violation is charged.
(4)
Reference to the pertinent section of this article establishing penalties
for the violation.
(5)
The amount of the penalty, if any.
(6)
The right of the alleged violator to present to the Township Supervisor
or his designee written explanations, information, or other materials
in answer to the citation, including any defenses.
D.
Notice to municipality. Any citation issued pursuant to this section upon any user within the corporate limits of any contract municipality shall be served upon such municipality in the manner provided in Subsection B of this section, and such municipality shall be given notice, also in the manner provided in Subsection B of this section, of all meetings, hearings, and proceedings subsequently conducted pursuant to such citation, and such municipality is hereby granted the full and complete right to participate therein as an Amicus Curiae. This right to participate as an amicus curiae is also afforded such municipality through any appeal under this article taken by the affected user.
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.
A.
Right to hearing.
(1)
A hearing before a hearing officer may be requested 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
or his designee within 30 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. If an informal conference
has not been requested by the user, such request shall be made within
15 calendar days of service. A hearing fee of $250 must accompany
any request for hearing filed under this section.
(2)
If a hearing is not demanded within the time period provided herein,
the action taken by the Township Supervisor or his designee shall
be deemed final. In the event such a hearing is demanded, the action
shall be suspended until the hearing is completed; provided, however,
that immediate cease-and-desist orders issued pursuant to this article
shall not be suspended.
B.
Selection of hearing officer. The Township or its designee shall
appoint the hearing officer, who shall be a person who is not employed
by the Township or its designee or the user and who has training and
experience appropriate to the subject of the hearing.
C.
Time. The hearing shall be promptly scheduled to commence at the
earliest practicable date, but not later than 30 days after receipt
of the request unless extended by mutual written agreement.
D.
Content of request for hearing. Any written request for a hearing
shall be signed by the user requesting the hearing or by a duly authorized
officer, agent, or attorney, shall be directed to the Township Supervisor,
and shall contain the following:
E.
Procedure for conduct of hearing. Hearings on any notice of violation,
order, notice of surcharge, penalty, or action on a permit issued
by the Township Supervisor shall be conducted under the procedure
set forth in this section.
(1)
Rules. Hearings shall be informal and need not be conducted according
to the strict technical rules relating to evidence and witnesses.
(2)
Oral evidence. Oral evidence shall be taken only on oath or affirmation.
(3)
Hearsay evidence. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence.
(4)
Admissibility of evidence. Any relevant evidence shall be admitted
if it is the type of evidence upon which responsible persons are accustomed
to rely in the conduct of serious affairs.
(5)
Exclusion of evidence. Irrelevant and unduly repetitious evidence
shall be excluded.
(6)
Rights of parties. At the hearing, each party shall have the following
rights:
(a)
To call and examine witnesses on any matter relevant to the
issues of the hearing.
(b)
To introduce documentary and physical evidence.
(c)
To cross-examine opposing witnesses on any matter relevant to
the issues of the hearing.
(d)
To impeach any witness regardless of which party first called
him to testify.
(e)
To rebut adverse evidence.
(f)
To representation of his or her choice.
(7)
What may be noticed. In reaching a decision, official notice may
be taken either before or after submission of the case for decision
of any fact which may be judicially noticed by the courts of this
state.
(8)
Inspection of the premises. The hearing officer may inspect any building
or premises involved in the hearing.
(9)
Record. A record of the proceedings shall be made by tape recording.
A transcript of the proceedings shall be made available to all parties
upon request and upon payment by the requesting party of the costs
of transcription.
F.
Decision of hearing officer. The hearing officer shall review the
evidence and, within 15 days after the close of the hearing, issue
a written recommendation to the Township Supervisor that the Supervisor
either uphold, modify, or reverse the action or decision of the Township.
G.
Form of decision; decision of Supervisor. The recommendation shall
contain proposed findings of fact, a proposed decision on each of
the points raised by the user, and an explanation of the reasons for
the proposed decision. The Township Supervisor shall review same and
shall issue a final written decision on the matter within 15 days
of receipt of the recommendation. A copy of the decision of the Supervisor
shall be delivered personally or sent by first-class mail to the user.
H.
Effective date of decision. The effective date of the decision shall
be as stated therein.
I.
Judicial review. Appeals from the decision of the Supervisor shall
be made to a court of competent jurisdiction as provided by law.
J.
Costs. If the Supervisor's action is upheld by the Township, then the user shall apply to the Township all of the costs incurred by the Township in holding the hearing, including, but not limited to, hearing officer fees and transcription and recording costs, and all of the Township's costs of enforcement, including, but not limited to, the Township's sampling and analytical costs. If the Supervisor's action is partially upheld or is reversed, then the Township may apportion those costs between the Township and the user in an equitable manner. Under the first two sentences of this section, the user who has paid a hearing fee of $250 shall receive a credit for that amount, but no refund of any part of the $250 hearing fee shall be given. The user's liability for costs under this section, plus fines and penalties imposed on such user, shall not exceed the maximum aggregate fines that could be imposed on the user under § 99-68, Citations, hereof.
A.
Continuing offense. Each and every day, or portion thereof, of any
violation of this article or a use permit or a final order issued
under this article by any user shall constitute a separate and new
violation by such user and shall be punishable as herein provided
for administrative, civil and criminal penalties.
B.
Surcharges. In addition to prosecution and the imposition of penalties
for violations, a user violating this article, a use permit, or a
final order shall be subject to one or more surcharges in accordance
with this article.
C.
Administrative civil penalties. Any user violating this article,
a use permit, or a final order is subject to a civil penalty to be
determined and assessed by the Supervisor or his designee not to exceed
$500 per day per violation. The Supervisor or his designee, in calculating
the amount of the penalty, shall consider the frequency of violations
by the user, the impact on the system and human health and environment
of the violation, the magnitude of the violation, and other factors
deemed appropriate by the Supervisor or his designee.
D.
Violation constitutes a public nuisance. Violations of this article,
a use permit, or a final order are hereby declared to constitute a
public nuisance.
E.
Civil judicial relief. The Supervisor or his designee is hereby empowered,
with the Township Attorney, to institute legal proceedings in a court
of competent jurisdiction for the abatement of any nuisance, and to
seek relief for violations of this article, a use permit, or a final
order. The Supervisor may seek temporary or permanent injunctive relief,
damages, penalties, costs and such other relief as a court may order.
The Supervisor may also seek collection of surcharges and penalties
which the user has not paid.
F.
Judicial civil penalties. In any action brought by the Township against
a user for violation of this article, a use permit, or a final order,
a court of competent jurisdiction may impose a civil penalty of up
to $500 per day per violation.
G.
Criminal penalties. Any user who violates any provision of this article
or a use permit or a final order issued under this article shall be
guilty of a misdemeanor and, upon conviction, shall be punished as
provided herein.
H.
Cumulative remedies. The imposition of a single penalty, fine, order,
damage or surcharge upon a user for a violation of this article, a
use permit, or a final order shall not preclude the imposition by
the Township or a court of competent jurisdiction of a combination
of any or all of such sanctions and remedies or additional sanctions
and remedies with respect to the same violation, consistent with applicable
statutory limitations on penalty amounts. A criminal citation and
prosecution of a criminal action against a user shall not be dependent
upon or held in abeyance during any civil, judicial, or Township administrative
proceeding, conference, or hearing regarding such user.
I.
Vandalism. No person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the system. Any person
who violates this subsection shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided herein.
J.
Lien for charges and fees. If a charge or fee due from a user under
this article or due under other ordinances or resolutions of the Township
for or in connection with use of the system, including use permit
fees, is not paid when due, the amount due may be certified to the
Tax Assessor and assessed against the lot or parcel of land upon which
is situated the premises served and collected or returned in the same
manner as municipal taxes against real estate are certified, assessed,
collected, and returned, and shall be a lien upon such lot or parcel
of land coordinate with the lien of such municipal taxes from the
time of certification to the Tax Assessor.
K.
Civil liability. Any person violating any of the provisions of this
article or breaking, obstructing, plugging, damaging, destroying,
defacing, or tampering with any structure, appurtenance, pipe, main,
lift station or equipment which is part of the system shall be liable
to the Charter Township of Blackman for any expense, cost, loss, or
damage incurred by the Township by reason of such violation or action,
and recovery therefor may be had in an appropriate action in any court
of competent jurisdiction.
L.
Misdemeanors. Any person, firm, copartnership, company, or corporation
found guilty of a misdemeanor pursuant to the provisions of this article
shall, upon conviction thereof, be punished by imprisonment for not
more than 90 days or fined not more than $500, or both. A violator
found guilty of a misdemeanor shall also be liable to the Township
for the costs and expenses of prosecution, including but not limited
to subpoena fees, witness fees, time and expense of employees testifying
at said trial, attorney fees, and any other expenses reasonably related
to the prosecution of said violator.
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.
A.
Upset liability. In the event of an upset, the user shall not be
liable for the fines, imprisonment, or civil penalties provided for
in this article, but the user is still liable to the Township for
surcharges and damages. In any enforcement proceeding, the user seeking
to establish the occurrence of an upset shall have the burden of proof
by clear and convincing evidence.
B.
Conditions necessary for a demonstration of upset. A user who wishes
to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant
evidence, that:
(1)
An upset occurred and the user can identify the cause(s) of the upset;
(2)
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures;
(3)
The user has submitted the following information to the system within
24 hours of becoming aware of the upset (if this information is provided
orally, a written submission must be provided within five days):
(a)
A description of the discharge and cause of noncompliance;
(b)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue;
(c)
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
C.
User responsibility in case of upset. The user shall control production
or all discharges to the extent necessary to maintain compliance with
categorical pretreatment standards and other applicable limits upon
reduction, loss or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost
or fails.
D.
Net/gross and FCPS. A user may apply to the Supervisor for an adjustment
in an FCPS to reflect the presence of pollutants in the user's
intake water in accordance with 40 CFR 403.15, as amended. In the
event such an adjustment is made, the adjusted FCPS shall apply, provided
the adjustment will not result in interference or pass through.
A.
Bypass notice.
(1)
If a user knows in advance of the need for a bypass, it shall submit
prior notice to the system, if possible, at least 10 days before the
date of the bypass.
(2)
A user shall submit oral notice of an unanticipated bypass that exceeds
applicable categorical pretreatment standards and other applicable
limits to the system within 24 hours from the time the user becomes
aware of the bypass. A written submission shall also be provided within
five days of the time the user becomes aware of the bypass. The written
submission shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and times, and,
if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the bypass. The system may waive the written
record on a case-by-case basis if the oral report has been received
within 24 hours.
B.
Prohibition of bypass. Bypass is prohibited, and the system may take
enforcement action against a user for a bypass, unless:
(1)
Bypass was unavoidable to prevent loss of fire, personal injury,
or severe property damage; and
(2)
There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment, facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. The condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
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.
