ARTICLE III. SEWERS

DIVISION 1. GENERALLY

118-221 Purpose and objectives; delegation of authority.

(a)    This article regulates the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, industrial waste pretreatment facilities and discharge of industrial waste into the City’s publicly operated treatment works, and provides for pollutant limitations, data collection, monitoring and sampling, and provides for penalties for the violation thereof.

(b)    The objectives of this article are to:

(1)    Prevent the introduction of pollutants into the City’s wastewater system which will interfere with the normal operation of the system or contaminate the resulting municipal sludge;

(2)    Prevent the introduction of pollutants into the City’s wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; and

(3)    Improve the opportunity to recycle and reclaim wastewater and sludge from the system.

(c)    The City of Pontiac wastewater treatment facility drainage district (“drainage district”) is hereby authorized to administer and enforce the provisions of this article relating to the operation and maintenance of the POTW on behalf of the City of Pontiac, and any reference in this article to “the City” or “the City Council” relating to the operation and maintenance of the POTW is hereby designated to be a reference to the drainage district. The City of Pontiac hereby allows the drainage district to perform the specific responsibilities set forth in this article pursuant to state and federal law.

(Ord. No. 2000, § 1(22-1), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-222 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

Authorized representatives of industrial user means:

(1)    A responsible corporate official (i.e., president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, if the industrial user is a corporation);

(2)    A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively; or

(3)    A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius expressed in terms of weight and concentration (milligrams per liter).

Building drain means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) beyond the foundation wall of the building or structure.

Building sewer means that part of the drainage system which extends from the end of the building drain and conveys its discharge to the public sewer or other place of disposal. For a user having more than one building, a building sewer may convey discharges from more than one building drain to the public sewer.

Bypass means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.

Capital charges means those amounts paid by each premises connected to the treatment works proportionate to the probable demand placed on the system to pay the debt service requirements and capital expenditures to enlarge or improve the wastewater facilities. Those premises outside the City shall have included in their capital charge an amount equivalent to the sum paid by property inside the City through ad valorem taxes and investments in facilities already paid for by City residents.

Categorical standards means national categorical pretreatment standards or pretreatment standard.

CFR means the Code of Federal Regulations as issued by the United States government. References to CFR shall be in accordance with the latest revisions unless specifically noted otherwise.

Chemical oxygen demand (COD) means a measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is 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 biochemical oxygen demand. Also known as “OC” and “DOC,” denoting oxygen consumed and dichromate oxygen consumed, respectively.

Combined sewer means a sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer.

Compatible pollutants means pollutants which the treatment plant was designed to treat, which are BOD, SS, phosphorus, TKN, ammonia (NH4), and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.

Composite sample means a series of samples taken over a specific time period whose volume is proportional to the flow in the waste stream, which are combined into one sample.

Connection charge means that amount paid by each new premises, major addition or alteration to an existing premises, connected to the treatment works in proportion to the probable demand placed on the system to pay for the City’s share of facilities required to serve the premises. Those premises outside the City connecting to the wastewater facilities shall have included in their connection charge an amount equivalent to the sums paid by property inside the City through ad valorem taxes and investments in facilities already paid by City residents.

Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat and applies only to once-through noncontact cooling water.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Director means the Oakland County Water Resources Commissioner, acting as agent for the County of Oakland, or his authorized agent or representative, pursuant to the City of Pontiac Wastewater Treatment Facility Restructuring Agreement dated April 19, 2012, as assigned to the City of Pontiac wastewater treatment facility drainage district.

Easement means an acquired legal right for the specific use of land owned by others.

Environmental Protection Agency (EPA) means the U.S. Environmental Protection Agency, administrator or other duly authorized official.

Floatable oil means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

Grab sample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

Incompatible pollutants means any pollutant which is not a compatible pollutant (see “compatible pollutant”) and/or contains substances which are not amenable to treatment, or wastes which may adversely affect the treatment process, the effluent, or sludge disposal practices or cause the POTW to violate its NPDES permit.

Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b), (c) or (d) of the Act (33 U.S.C. 1317) into the POTW (including holding tank waste discharged into the system).

Industrial user means:

(1)    Any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 10,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, divisions:

Division A.

Agriculture, Forestry and Fishing

Division B.

Mining

Division D.

Manufacturing

Division E.

Transportation, Communications, Electric, Gas and Sanitary Service

(2)    Any nongovernmental user of a publicly owned treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interactions with other wastes to contaminate the sludge of any municipal system, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

(3)    All commercial users, such as restaurants, hotels, stores, filling stations, or recreational facilities, or an individual system constructed with grant assistance under section 201(h) of the Clean Water Act. Private, nonprofit entities such as churches, schools, hospitals or charitable organizations are also considered (small) commercial establishments. A commercial establishment with wastewater flow equal to or smaller than one user equivalent (generally 300 gallons per day dry weather flow) shall be treated as a residence.

(4)    Any source of indirect discharge.

Industrial wastes means the wastewater discharges from industrial, manufacturing, trade or business processes, or wastewater discharge from any structure with these characteristics, as distinct from their employees’ domestic wastes or wastes from sanitary conveniences.

Interference means a discharge which alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use or disposal; and (2) therefore is a cause of a violation of any requirement of the City’s 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 SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

Laboratory determination means the measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in 40 CFR 136 or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to this article.

Major contributing industry means the same as a significant industrial user.

MDNR means the Michigan Department of Natural Resources.

National categorical pretreatment standard means any national regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to specific categories of industrial users.

National pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to industrial users and includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

National pollutant discharge elimination system or NPDES permit means a permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

National prohibitive discharge standard or prohibitive discharge standard means any regulation developed under the authority of section 307(b) of the Act and 40 CFR 403.5.

Natural outlet means any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater which does not require an NPDES discharge permit.

New source means any source from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source, if such standards are thereafter promulgated in accordance with that section; provided, that the conditions of 40 CFR 403.3(k) are met.

Nonindustrial user means all users of the wastewater facilities not classified as an industrial user.

Normal domestic wastes means wastes which are characterized by a per capita discharge of 100 gallons per day at a loading of 200 milligrams per liter (mg/l) BOD, 250 mg/l SS, 15 mg/l total phosphorus, and 40 mg/l TKN, also referred to as normal domestic sewage.

Operation, maintenance and replacement costs means those costs, including labor, materials, supplies, equipment, accessories and appurtenances required to operate the facilities, keep the facilities in operating condition, and maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.

Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or its legal representatives, agents, or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

Phosphorus means the total phosphorus content of a sample including all of the orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species, and referred to in Standard Methods as total phosphorus.

Pollutant means any of various chemicals, substances, and refuse materials such as dredge, spoil, solids waste, incinerator residue, sewage, garbage, sewage sludge, munitions chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes which impair the purity of the water and soil.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes and other means, except as prohibited by 40 CFR 403.6(d).

Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national categorical pretreatment standard, imposed on an industrial user.

Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

Public sewer means a common sewer controlled by a governmental agency or public utility.

Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the City of Pontiac wastewater treatment facility drainage district. This definition includes any sewers that convey wastewater to the POTW treatment plant. For the purposes of this article, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City of Pontiac wastewater treatment facility drainage district, users of the City of Pontiac wastewater treatment facility drainage district’s POTW.

Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, stormwater, and surface water that are not admitted intentionally and which may include pumping stations, metering stations and other appurtenances.

Sanitary wastes means the combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities of dwellings, office buildings, industrial plants or institutions.

Segregated domestic wastes means discharges from nonresidential sources generated from normal human biological activities, separate and distinct from industrial trade or process discharges.

Severe property damage means substantial physical damage to property, damage to treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

Sewage means the spent water of a community. Preferred term is “wastewater.”

Sewer means a pipe or conduit that carries wastewater or drainage water.

Significant industrial user means any industrial user of the City’s wastewater disposal system who:

(1)    Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N;

(2)    Has a discharge flow of 10,000 gallons or more per average workday of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(3)    Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;

(4)    Has in its wastes toxic pollutants as defined pursuant to section 307 of the Act, state statutes and rules; or

(5)    Is found by the City, State Department of Natural Resources or the U.S. Environmental Protection Agency (EPA) to have a reasonable potential for adversely affecting, either singly or in combination with other contributing industries, the wastewater treatment system, its operations, the quality of the sludge, the system’s effluent quality, or air emissions generated by the system, unless the industrial user is determined not to be a significant industrial user in accordance with 40 CFR 403.2(t)(2).

Significant noncompliance means any violation of one or more of the following conditions caused by a significant industrial user (or any industrial user): (1) chronic violations of wastewater discharge limits; (2) technical review criteria (TRC) violations; (3) any other violation of a pretreatment standard or requirement (i.e., daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); (4) any discharge of a pollutant has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge; (5) failure to provide, within 30 days after the due date, required reports and baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (6) failure to accurately report noncompliance; (7) any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

Slug discharge means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge, which has the reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

Slug load means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than three times the allowable limits as defined for such substances in this article.

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

Storm drain (also termed “stormwater drain”) means a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source, and which is not intended to be transported to a sanitary wastewater treatment facility.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Superintendent means the person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter.

Surcharge. As part of the service charge, any customer discharging wastewater having strength in excess of limits set forth by this chapter may be required to pay an additional charge to cover the cost of treatment of such excess strength wastewater.

Suspended solids (SS) means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods and referred to as filterable residue.

TKN means the total kjeldahl nitrogen content of a sample, including all of the free-ammonia and organic nitrogen compounds which are converted to ammonium sulfate under the conditions of digestion described in Standard Methods.

Toxic pollutant means any pollutant or combination of pollutants which is or can potentially be harmful to the public health or environment, including those listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of section 306(a) of the Clean Water Act or which appears on the state’s critical material list.

Unpolluted water means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards as set by EPA or MDNR and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

User means any person who contributes, causes or permits the contribution of wastewater into the POTW.

User charge means that amount paid by each premises connected to the treatment works proportionate to the service provided. This charge shall cover all operation, maintenance and replacement costs for the facilities.

Wastewater means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

(Ord. No. 2000, § 1(22-1), 12-3-92; Ord. No. 2254, § 1, 4-17-12; Ord. No. 2268, § 1, 8-7-12)

Cross reference—Definitions generally, § 1-2.

118-223 Abbreviations.

As used in this article, the following abbreviations shall have the meanings designated in this section:

ASTM

American Society of Testing and Materials

BOD

biochemical oxygen demand

CFR

Code of Federal Regulations

COD

chemical oxygen demand

CWA

Clean Water Act

EPA

Environmental Protection Agency

l

liter

MDNR

Michigan Department of Natural Resources

mg

milligrams

mg/l

milligrams per liter

NPDES

national pollutant discharge elimination system

O&M

operation and maintenance

POTW

publicly owned treatment works

ppm

parts per million

SIC

standard industrial classification

SWDA

Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.

TSS

total suspended solids

WPCF

Water Pollution Control Federation

(Ord. No. 2000, § 1(22-1), 12-3-92)

118-224 Violations; penalties.

(a)    Criminal penalties. Any person violating the provisions of this article or of any rule, regulation or order of the city council adopted under it, shall be guilty of a misdemeanor and punished as in this Code provided, with a fine not to exceed $500.00, imprisonment not to exceed 90 days, or both. Conviction pursuant to this subsection shall not bar civil penalties under subsection (b) of this section. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

(b)    Civil penalties. Any user who is found to have violated an order of the city council or who willfully or negligently failed to comply with any provision of this article or the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100.00 nor more than $500.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this section, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued under this article. Further, the city shall recover costs from any user who is responsible for damage to the system as defined in section 118-327(d), pertaining to unscheduled charges. These penalties shall be in addition to the criminal penalty provided in subsection (a) of this section, and a prosecution under such section shall not be a defense to the imposition of civil penalties under this section.

(c)    Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both.

(Ord. No. 2000, § 1(22-8), 12-3-92)

118-225 Records retention.

All users subject to this article shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling and chemical analyses made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city pursuant to this article shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(Ord. No. 2000, § 1(22-9), 12-3-92)

118-226 Revisions to article.

On or before September 1 of each year, the director shall review the rules, regulations, charges and fees set forth in this article. If changes, revisions or modifications are necessary, the director shall submit to the mayor the proposed revisions. If approved by the mayor, the changes, revisions and modifications shall be submitted to the city council for ratification by resolution. The charge system contained in division 6 of this article shall be in accordance with the regulations of the EPA, which now require that:

(1)    The charges shall result in the distribution of operation, maintenance and replacement costs of the treatment works within the jurisdiction of the city to each user class in proportion to such user’s contribution of the total wastewater loading of the treatment works. Factors such as strength, volume and delivery flow rate characteristics shall be included to ensure a proportional distribution of the costs.

(2)    The charges shall be reviewed annually and revised periodically as required.

(3)    The charges shall derive revenue sufficient to meet all costs of operation, maintenance and replacement of the system.

(Ord. No. 2000, § 1(22-10), 12-3-92)

118-227 Penalties for industrial users.

(a)    Notwithstanding any other provision of this article, any violation of any provision of this article by an “industrial user” (as defined in section 118-222) shall be punishable as defined below. All remedies provided shall be nonexclusive, and in addition to any state or federal remedies. Each day of violation shall be considered a separate offense.

(b)    Injunctive relief. When the city has reason to believe that an industrial user has violated or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the Oakland County Circuit Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this ordinance on activities of the industrial user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.

(c)    Municipal civil infractions.

(1)    Pursuant to section 86-500 et al. and except as provided in subsection (d), an industrial user who has violated, or continues to violate, any provision of this ordinance, (including without limitation, any notice, order, permit, decision or determination promulgated, issued, or made by the county under this ordinance), shall be liable for a municipal civil infraction.

a.    Violations. A civil fine of not less than $1,000.00 per day but not more than $10,000.00 per day, plus costs and other sanctions, shall be imposed for each infraction.

b.    Repeat offenses. Increased fines shall be imposed for repeat offenses. A “repeat offense” means a second or any subsequent municipal civil infraction violation of the same requirement or provision of this section committed by an industrial user within any one-year period and for which the industrial user admits responsibility or is determined to be responsible.

1.    The civil fine for any first repeat offense shall not be less than $1,500.00 per day for each infraction, plus costs and other sanctions.

2.    The civil fine for any second repeat offense or any subsequent repeat offense shall not be less than $2,000.00 per day for each infraction, plus costs and other sanctions.

(2)    Subject to the minimum fine amounts specified above, the court shall take into account, in determining the amount of civil liability, all relevant circumstances, including, but not limited to: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the industrial user of the violation; the industrial user’s recalcitrance or efforts to comply; the economic impacts of the fine on the industrial user; the number of past violations; the corrective actions taken by the industrial user and such other matters as justice requires. The industrial user shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. Mitigating factors shall only be considered when it is found that the industrial user has made all good faith efforts to correct and terminate all violations.

(3)    The city is authorized to issue municipal civil infraction citations for violations of this section. In addition, reasonable attorneys’ fees, court costs and other expenses associated with enforcement activities, including the sampling and monitoring expenses and the cost of any actual damage incurred by the city, may be recovered.

(4)    Issuing a municipal civil infraction citation shall not be a bar against, or prerequisite for, taking any other action against an industrial user.

(5)    This provision shall not affect the sections provided for by state law or by this section for a violator’s failure to comply with a judgment of the 50th District Court, nor shall this section in any way limit or restrict the authority of the court to enforce its orders by appropriate sanctions or actions. This section shall not restrict, limit or bar any action permitted under any other provision of law.

(6)    The city may ask the 50th District Court to issue an injunction to correct or prevent further violations, upon a finding of responsible, pursuant to section 86-500 and the statutory municipal civil infraction enabling statute.

(d)    Criminal prosecution.

(1)    An industrial user who knowingly or intentionally violates any provision of this section, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of $500.00 per violation, per day, or the maximum allowed by state law, or imprisonment for not more than 90 days, or both.

(2)    An industrial user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of $500.00 per violation, per day, or the maximum allowed by state law, or be subject to imprisonment for not more than 90 days or both.

(3)    An industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $500.00 per violation, per day, or the maximum allowed by state law, or imprisonment for not more than 90 days, or both.

(Ord. No. 2196, § 1, 4-19-07)

118-228118-235 Reserved.

DIVISION 2. ADMINISTRATION AND ENFORCEMENT1

118-236 Powers and authority of inspectors.

(a)    The director and/or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article. If entry to any property in the city is refused by the occupant thereof, the director or his duly authorized employee shall be authorized to apply to a court of competent jurisdiction for a warrant authorizing entry.

(b)    The director and/or other duly authorized employees are authorized to obtain information on any industrial activity conducted within the city. If such information is considered confidential by the industry involved because the revelation thereof to the public might result in an advantage to competitors, it shall not be disclosed by the director and/or other duly authorized employees to the public or any other persons except to employees and officials to the extent necessary for the administration and enforcement of this article. Such information shall not be available to the public and shall be kept separate from the city’s public records. The unauthorized disclosure of such confidential information by any employee of the city or other person shall be a violation of this article, punishable under the penalty provisions of this article.

(c)    The director and/or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities.

(d)    The city shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. The city will inspect and sample the effluent from each significant industrial user at least once a year. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying or in the performance of any of their duties. The city, MDNR and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the city, MDNR and EPA will be permitted to enter, in an expeditious manner, for the purposes of performing their specific responsibilities.

(Ord. No. 2000, § 1(22-5), 12-3-92)

118-237 Harmful contributions; suspension of service.

(a)    The city may suspend the wastewater treatment service when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit.

(b)    Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence.

(Ord. No. 2000, § 1(22-7.1), 12-3-92)

118-238 Upset provisions.

(a)    An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards.

(b)    For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards 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, lack of preventive maintenance, or careless or improper operation.

(c)    A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, of the 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 in compliance with applicable operation and maintenance procedures.

(3)    The user submitted the following information to the POTW and director 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 indirect 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.

(4)    In the usual exercise of prosecutorial discretion, agency enforcement personnel should review any claims that noncompliance was caused by an upset. No determination made in the course of the review constitutes final agency action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(5)    The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

(d)    In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(Ord. No. 2000, § 1(22-7.2), 12-3-92)

118-239 Bypass.

(a)    Bypassing is prohibited and the director may take enforcement action against a user for a bypass unless:

(1)    The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

(2)    There was no feasible alternative to the bypass. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent bypass which occurred during periods of equipment downtime or preventable maintenance; and

(3)    The industrial user submitted proper notice of the bypass.

(b)    The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed under subsection (a) of this section.

(c)    If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the director, if possible at least ten days before the date of bypass.

(d)    An industrial user shall submit oral notice of an anticipated bypass that exceeds pretreatment limits to the POTW and director within 24 hours from the time the user becomes aware of the bypass. A written submission as described in 40 CFR 403.17(c) shall also be provided within five days of the time the user becomes aware of the bypass.

(e)    An industrial user may allow any bypass to occur which does not cause pretreatment limits to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions listed in this section.

(Ord. No. 2000, § 1(22-7.3), 12-3-92)

118-240 Revocation of permit.

Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of section 118-242 of this article:

(1)    Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(2)    Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(3)    Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or

(4)    Violation of conditions of the permit.

(Ord. No. 2000, § 1(22-7.4), 12-3-92)

118-241 Notification of violation.

(a)    Whenever the city finds that any user has violated or is violating this article, the wastewater contribution permit, or any prohibition, limitation or requirements contained in this article, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of receipt of the notice, the user shall respond personally or in writing to the director, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof. Enforcement action may be taken against the user upon issuance of the notice of violation.

(b)    The city shall annually publish, on January 15, in the major local newspaper, a list of the users which were in significant violation with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the users during the same 12 months.

(c)    All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or MDNR upon request.

(d)    An industrial user is considered to be in significant noncompliance if its violation meets one or more of the criteria listed in 40 CFR 403.8(f)(2)(vii).

(Ord. No. 2000, § 1(22-7.5), 12-3-92)

118-242 Show cause hearing.

(a)    Where the violation of section 118-240 is not corrected by timely compliance by means of administrative adjustment, the city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

(b)    The city council may itself conduct the hearing under this section and take the evidence, or may designate any of its members or any officer or employee of the city to:

(1)    Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(2)    Take the evidence;

(3)    Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the city council for action thereon.

(c)    At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d)    After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(Ord. No. 2000, § 1(22-7.6), 12-3-92)

118-243 Legal action.

If any person discharges sewage, industrial waste or other wastes into the city’s wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the circuit court of this county.

(Ord. No. 2000, § 1(22-7.7), 12-3-92)

118-244 Right of appeal.

Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the city on any matter covered by this article and shall be entitled to a prompt written reply. If such inquiry is by a discharger and deals with matters of performance or compliance with this article or deals with a wastewater discharge permit issued pursuant to this article for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger’s request shall stay all enforcement proceedings pending receipt of the aforesaid reply. Appeal of any final judicial order entered pursuant to this article may be taken in accordance with local and state law.

(Ord. No. 2000, § 1(22-7.8), 12-3-92)

118-245 Provisions governing fraud and false statements.

The reports and other documents required to be submitted or maintained under this article shall be subject to the following:

(1)    The provisions of 18 U.S.C. section 1001 relating to fraud and false statements;

(2)    The provisions of section 309(c)(4) of the act, as amended, governing false statements, representations or certification; and

(3)    The provisions of section 309(c)(6) regarding responsible corporate officers.

(Ord. No. 2000, § 1(22-7.9), 12-3-92)

118-246118-255 Reserved.

DIVISION 3. USE REGULATIONS

118-256 Use of public sewers required.

(a)    It shall be unlawful for any person to place, deposit or permit to be deposited in any insanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or objectionable waste.

(b)    It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this article.

(c)    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 within the city.

(d)    The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated either within or outside the city, abutting on any street, alley or right-of-way in which there is now located a public sanitary or combined sewer discharging to the city’s public sewer, are hereby required at the owners’ expense to connect their building drains directly with the proper public sewer in accordance with the provisions of this article, within 18 months after date of official notice to connect.

(Ord. No. 2000, § 1(22-2.1), 12-3-92)

118-257 Private wastewater disposal.

(a)    Where a public sanitary or combined sewer is not available under the provisions of section 118-256(d), the building sewer shall be connected to a private wastewater disposal system.

(b)    Any private wastewater disposal system, as provided in subsection (a) of this section, shall conform to all applicable city, county and state laws and codes.

(c)    At such time as a private wastewater disposal system becomes defective or inoperative, as provided in subsection (a) of this section, a direct connection shall be made to the public sewer within 90 days in compliance with this article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

(Ord. No. 2000, § 1(22-2.2), 12-3-92)

118-258 Building sewers and connections.

(a)    No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof except under the provisions of this section.

(b)    Every person desiring a permit to make a connection with, open or tap any public sewer or drain shall first make application to the director, who shall consult the records with regard to the sewer or drain desired to be connected with, opened or tapped. If such connection, opening or tap can be made, the director shall give such applicant the approximate location with which the connection, opening or tap is to be made. Upon receipt of all fees, the director shall give to the applicant a permit stating that permission is granted to connect with, open or tap such sewer or drain and also state in such permit the name of the street and the abutting lot number. All permits under this section shall be issued by the director. No permit to connect to the system will be issued until the director has determined that there is capacity available for the wastewater to be discharged in all downstream sewers, lift stations, force mains, and the wastewater treatment plant, including capacity for compatible wastes.

(c)    A separate and independent building sewer shall be provided for every building; except where one nonresidential building stands at the rear of another nonresidential building on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building sewer may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

A single connection to the public system may be provided for several nonresidential building sewers collected by a privately owned interceptor. All provisions of this article shall apply to the privately owned interceptor.

(d)    Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City official responsible for the plumbing code, to meet all requirements of this article and current rules and regulations of the director as set forth in section 118-259(d). Abandoned sewers or openings shall be plugged to prevent dirt or fill material from entering the sewer system.

(e)    Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(f)    No connection or lateral extending to private property from a public sewer or drain shall be constructed except in accordance with specifications issued by the director.

(g)    All new construction building sewers must have a sewer backup prevention device, to be installed by the individual responsible, as required by the City’s plumbing code. All connections, tappings or openings shall be made under the supervision of the director. The holder of the permit shall notify the director when the connection is ready for inspection.

(h)    All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. All refilling of the excavation made for such connection shall be under the supervision of the City officials responsible for streets.

(i)    Whenever a building is demolished, thus terminating sewage flow from such location, all building connections to the sewer system shall be plugged at the tapping or opening into the sewer, unless the building sewer is found to meet the requirements of this article and the rules and regulations of the director as provided under section 118-259(d); in which case the plug shall be at the property line. Such plugging shall be made under the supervision of the director. The owner of the building shall notify the building and safety engineering division as to when the plugging shall occur.

(j)    The maintenance and repair of the building sewer up to the connection with the public sewer shall be the responsibility of the user.

(k)    When required by the director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

(Ord. No. 2000, § 1(22-2.3), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-259 Sewer design and installation.

(a)    All new, improved or expanded sanitary sewers and pumping facilities discharging anything into the city system shall be constructed in accordance with the regulations established by the director. Written approval of the director shall be obtained prior to the start of any construction. The director will approve plans that are in accordance with this article and disapprove plans that are not.

(b)    All plans shall be sealed by a registered professional engineer prior to submission to the director. Plans shall include all data required to make a complete review, and as established by the director. All elevations shall be converted to city datum.

(c)    The agency, person, firm or municipality submitting such plans shall pay to the city treasurer an amount sufficient to pay the cost of making the review and necessary inspections. Such cost shall be determined by multiplying the number of hours spent on the review and inspections by appropriate hourly rate which shall include all fringe benefits and overhead.

(d)    All construction, materials, sizes, slope, alignment, methods to be used in excavating, placing of pipe, joints, testing and backfilling shall be in accordance with the rules and regulations established and promulgated by the director. In the absence of a rule or regulation provision or in amplification thereof, the materials and procedures shall comply with the latest specifications for a project performed by the city, or in the absence thereof, comply with appropriate specifications of ASTM and/or WPCF Manuals of Practice.

(Ord. No. 2000, § 1(22-2.4), 12-3-92)

118-260 Use of public sewers.

(a)    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 treatment works.

(b)    No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or once-through noncontact cooling water to any sanitary sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the director.

(c)    Whenever the director shall find that any provision of subsection (b) of this section is being violated, he shall issue a written order to the person responsible for the removal, elimination or correction of such conditions, to remove such connectors or drains from such sanitary sewer within 90 days after service of such order. The service of such order may be made upon the person to whom it is directed either by delivering a copy of the order to such person, or by delivering the order to and leaving it with any person in charge of the premises, or upon the registered agent for the service of process.

(d)    Stormwater other than that exempted under subsection (b) of this section and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the director and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the director and other regulatory agencies, to a storm sewer, combined sewer or natural outlet.

(e)    Whenever sewers are about to be or have been constructed for the purpose of carrying off sewage and drainage from lots and lands outside the corporation limits, no permission shall be given or granted to connect such sewers with the treatment works of the city, nor shall the use of the treatment works be permitted for the sewage and drainage of such lots and lands outside of the corporate limits, unless there shall have been secured written permission from the director, which shall be given only if the sewers or system of sewers for which such connection or use is sought conform to the plans theretofore adopted by the city. A certificate of approval of such sewers by the state department of natural resources shall also be furnished where, by law, such plans are required to be approved.

(f)    In addition to the director’s approval as required by subsection (e) of this section, applicants for permission to use or connect with city sewers shall execute such agreements as to terms, conditions and compensation for the use of such sewers and treatment works as shall be required by the city and authorized by law.

(g)    It shall be unlawful to discharge to the waters of the state within the city, or in any area under the jurisdiction of the city, and/or to the POTW, any wastewater except as authorized by the director in accordance with the provisions of this article, except as provided by an NPDES permit.

(Ord. No. 2000, § 1(22-2.5), 12-3-92)

118-261 General discharge prohibitions.

(a)    No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to the national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

(1)    Any discharge which will violate any statute, rule, regulation or ordinance of any public agency (including the EPA).

(2)    Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

(3)    Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch, manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

(4)    Any wastewater having a pH less than 6.0 or greater than 10.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW.

(5)    Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the act.

(6)    Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(7)    Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act; criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or the Toxic Substances Control Act; or state criteria applicable to the sludge management method being used.

(8)    Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

(9)    Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(10)    Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit).

(11)    Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than three times the allowable limits as defined for such substances in this article.

(12)    Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations.

(13)    Any unpolluted water including, but not limited to, once-through noncontact cooling water.

(14)    Any wastewater containing more than 100 mg/l of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

(15)    Any wastewater from industrial plants containing floatable oils, fat or grease in excess of 100 mg/l.

(16)    Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food.

(17)    Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(18)    Any wastewater containing petroleum oil, nonbiodegradeable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.

(19)    Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(20)    Any trucked or hauled pollutants except at discharge points designated by the director.

(b)    If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in sections 118-256, 118-261, 118-263 and 118-264, and which in the judgment of the director may interfere with, pass through, or otherwise be incompatible with the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the director may:

(1)    Reject the wastes;

(2)    Require pretreatment to an acceptable condition for discharge to the public sewers;

(3)    Require control over the quantities and rates of discharge; and/or

(4)    Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of division 6 of this article.

If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review of the director.

(Ord. No. 2000, § 1(22-2.6), 12-3-92)

Cross reference—Water pollution, § 58-351 et seq.

118-262 State requirements on discharge limits.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

(Ord. No. 2000, § 1(22-2.7), 12-3-92)

118-263 Specific discharge limits.

No person shall discharge wastewater containing in excess of (see also section 118-327(h)):

(1)    0.5 mg/l arsenic.

(2)    0.112 mg/l cadmium.

(3)    0.440 mg/l copper.

(4)    0.184 mg/l cyanide.

(5)    0.099 mg/l lead.

(6)    0.0005 mg/l mercury.*

(7)    0.754 mg/l nickel.

(8)    1.0 mg/l total chromium.

(9)    1.391 mg/l zinc.

(10)    1.0 ppm total phenols.

*    Nondetectable using EPA method 245.1 at detection level of 0.0005 mg/l, unless higher levels are appropriate because of sample matrix interference.

(Ord. No. 2000, § 1(22-2.8), 12-3-92; Ord. No. 2066, § 1, 8-28-97; Ord. No. 2268, § 1, 8-7-12)

118-264 Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in section 118-261(a)(15), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. The city official responsible for the plumbing code shall determine the size and type of interceptor and be responsible for having it installed and maintained.

(Ord. No. 2000, § 1(22-2.9), 12-3-92)

118-265 Pretreatment.

(a)    Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations or as required by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review by the city before construction of the facility. The review of such plans and operating procedures with a response in the affirmative or with suggested modifications will take place within 90 days following submittal. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

(b)    All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or MDNR upon request.

(Ord. No. 2000, § 1(22-2.10), 12-3-92)

118-266 Dilution.

No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the pretreatment standards contained in either the national categorical pretreatment standards or in any other pollutant-specific limitation developed by the city or state. The director may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or discharge limitations.

(Ord. No. 2000, § 1(22-2.11), 12-3-92)

118-267 Spill prevention and containment for slug discharges.

Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense if required by the City as part of an industrial discharge permit. Detailed slug discharge control plans showing facilities and operating procedures, including notification requirements, necessary for providing this protection shall be compiled in accordance with 40 CFR 403.8(f)(vi) and shall be submitted to the City for review and approval before discharge commences. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. The slug discharge plan shall contain, at a minimum, the following elements:

(1)    Description of discharge practices, including nonroutine batch discharges;

(2)    Description of stored chemicals;

(3)    Procedures for immediately notifying the City 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;

(4)    If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

It is the responsibility of the industrial user to notify the control agency of any changes in the operation of the facility that could affect the wastewater treatment plant or have the potential to change the wastewater treatment plant, when the slug discharge plan has changed.

(Ord. No. 2000, § 1(22-2.12), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-268 Accidental and/or slug discharges; notice.

In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. It is the responsibility of the user to immediately notify the POTW of any change or condition that could cause or have the potential to cause an accidental spill or slug discharge.

(1)    Written notice. Within five days following knowledge of an accidental discharge, the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

(2)    Notice to employees. A sign shall be permanently posted on the user’s bulletin board or other prominent place advising employees of whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(Ord. No. 2000, § 1(22-2.13), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-269 Special agreement for acceptance of industrial waste.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment. Any user who enters into a special agreement or arrangement with the city shall be subject to all user charges as set forth by resolution of the city council. No special agreement will be entered into which is in conflict with section 307 of PL 92-500, the toxic and pretreatment effluent standards, or with any other state or federal law or regulation.

(Ord. No. 2000, § 1(22-2.14), 12-3-92)

118-270118-280 Reserved.

DIVISION 4. NATIONAL CATEGORICAL PRETREATMENT STANDARDS

118-281 Applicability.

(a)    All industrial users subject to the national categorical pretreatment standards shall be subject to the rules, regulations and requirements of 40 CFR 403.

(b)    Upon the promulgation of the national categorical pretreatment standards for a particular industrial subcategory, the pretreatment standard, if more stringent than the limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article and shall be considered part of this article. The director shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.

(Ord. No. 2000, § 1(22-3), 12-3-92)

118-282 Deadline for compliance with categorical standards.

(a)    Existing sources shall comply with categorical pretreatment standards within three years of the date the standard is effective, unless a shorter compliance time is specified in 40 CFR chapter I, subchapter N.

(b)    Direct dischargers with NPDES permits modified or reissued to provide a variance pursuant to section 301(i)(2) of the act shall be required to meet compliance dates set in any applicable categorical standard.

(c)    Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a new source as defined in 40 CFR 403.3(k).

(d)    New sources shall install and have in operating condition, and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time, not to exceed 90 days, new sources must meet all applicable pretreatment standards.

(Ord. No. 2000, § 1(22-3.1), 12-3-92)

118-283 Calculation of equivalent mass and concentration limits.

(a)    When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

(b)    Equivalent limitations calculated in accordance with 40 CFR 403.6(c)(3) and 403.6(c)(4) shall be deemed pretreatment standards for the purpose of section 307(d) of the act. Industrial users will be required to comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(c)    Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the director, as defined in section 403.12(a) of the act, or the industrial user with the written concurrence of the director. These alternative categorical limits shall be applied to the mixed effluent. These alternative limits shall be derived using either of the alternative limit formulas as defined in section 403.6(e) of the act.

(Ord. No. 2000, § 1(22-3.2), 12-3-92)

118-284 Modification of national categorical pretreatment standards.

Where the city’s wastewater treatment system achieves consistent removal of pollutants limited by national pretreatment standards, the city may apply to the approval authority for modification of specific limits in the national pretreatment standards. “Consistent removal” shall be determined in accordance with 40 CFR 403.7(b). The city may then modify pollutant discharge limits in the national pretreatment standards only if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.

(Ord. No. 2000, § 1(22-3.3), 12-3-92)

118-285 Baseline monitoring report.

(a)    Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the director a properly completed baseline monitoring report.

(b)    At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the director a baseline monitoring report. New sources shall also include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.

(c)    In support of the baseline monitoring report, the industrial user shall submit, in units and terms specified in the application, the following information:

(1)    Name and address of the facility, including the name of the operator and owners.

(2)    List of any environmental control permits held by or for the facility.

(3)    Brief description of the nature, average rate of production, and standard industrial classification of the operations carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.

(4)    Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

a.    Regulated process streams; and

b.    Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).

(5)    The industrial user shall identify the national categorical pretreatment standards applicable to each regulated process, and shall:

a.    Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations.

b.    A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The city may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

c.    The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection (c)(5).

d.    Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of section 403.6(e) of the act in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with section 403.6(e), this adjusted limit along with supporting data shall be submitted to the POTW.

(6)    The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether national categorical pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance measures or additional pretreatment is required for the industrial user to meet the national categorical pretreatment standards.

(7)    If additional pretreatment or O&M will be required to meet the national categorical pretreatment standards, the industrial user will provide the shortest schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standard.

a.    Where the industrial user’s national categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), or the combined waste stream formula (40 CFR 403.6(e)), or net/gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline report, the information required in subsections (c)(6) and (c)(7) of this section shall pertain to the modified limits.

b.    If the national categorical pretreatment standard for the industrial user is modified after the baseline report is submitted, the industrial user shall make any necessary amendments to information provided as a response to subsections (c)(6) and (c)(7) of this section and submit them to the POTW within 60 days after the modified limit is approved.

(8)    The following conditions shall apply to any schedule submitted in response to subsection (c)(7) of this section:

a.    The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable national categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b.    No increment referred to in subsection (c)(8)a., above, shall exceed nine months.

c.    Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the POTW.

(9)    Such other information as may be reasonably requested by the POTW.

(Ord. No. 2000, § 1(22-3.4), 12-3-92)

118-286 Compliance date report.

(a)    Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following the commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the director a report containing the information listed in 40 CFR 403.12(b)(4)—(6).

(b)    For industrial users subject to equivalent mass or concentration limits established by the director, the compliance date report shall contain a reasonable measure of the user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.

(c)    The compliance date report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.

(d)    In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the user.

(Ord. No. 2000, § 1(22-3.5), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-287 Periodic reports on continued compliance.

(a)    Any user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after the commencement of the discharge into the POTW, shall submit to the director during the months of June and December, unless required more frequently in the pretreatment standard or by the director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standard. In addition, this report shall include a record of all measured or estimated average and maximum daily flows for the reporting period for the discharge reported in section 118-286, except that the director may require more detailed reporting of flows. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months during which the above reports are to be submitted.

(b)    The director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by subsection (a) of this section shall indicate mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the director, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency or monitoring shall be prescribed in the applicable pretreatment standard.

(c)    In cases where the local limit requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation required by the City to determine the compliance status of the user.

(Ord. No. 2000, § 1(22-3.6), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-288 Sampling and analysis.

(a)    Sampling and analysis may be performed by the City in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under 40 CFR 403.12(b) and (d). In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

(b)    If sampling performed by an industrial user indicates a violation, the user shall notify the director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the initial violation unless the POTW samples the user’s discharge.

(c)    All analyses shall be performed in accordance with procedures established by the administrator pursuant to section 304(h) of the Act and contained in 40 CFR 136 and amendments thereto, or with any other test procedure approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator. Where 40 CFR 136 does not include sampling or analytical techniques for the pollutants in question, or where the administrator determines that 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the administrator.

(d)    If an industrial user monitors any pollutant more frequently than required by the director, using the procedures prescribed in this section, the results of that monitoring shall be included in the report.

(e)    All permitted industrial users shall perform monitoring and analysis at the frequency and manner specified within the assigned “Discharge Monitoring and Limitations” section of their permit to properly assess and assure compliance with all applicable pretreatment standards, best management practices, and local limits. Grab samples and 24-hour composite samples are specified for particular parameters in the permit. Twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques unless time-proportional composite sampling or grab sampling is authorized by the City in the permit. Where time-proportional composite sampling or grab sampling is authorized, the samples must be representative of the discharge and the City’s decision to allow the alternative sampling must be properly documented in the industrial user file for the facility in compliance with 40 CFR 403.12(g)(3).

(f)    Where sampling is required by the industrial user permit in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples are required for the parameters so specified in the “Discharge Monitoring and Limitations” section of the permit where historical sampling/monitoring data does not exist. For other facilities where historical sampling/monitoring results are available, the City may authorize a lower number of grab samples that still enables the user to assess and assure compliance with applicable pretreatment standards, best management practices, pollution prevention alternatives, or local limits as necessary for required reporting and recordkeeping.

(Ord. No. 2000, § 1(22-3.7), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-289 Reserved.

Editor’s note—Section 2 of Ord. No. 2196, adopted April 19, 2007, repealed § 118-289, which pertained to penalties, and derived from Ord. No. 2066, adopted Aug. 28, 1997.

118-290118-300 Reserved.

DIVISION 5. WASTEWATER DISCHARGE PERMITS AND REPORTING REQUIREMENTS

118-301 Permit required.

In accordance with 40 CFR 403.8(f)(1)(iii), all significant industrial users proposing to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of this article.

(Ord. No. 2000, § 1(22-4.1), 12-3-92)

118-302 Application.

(a)    Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by the current fee. Existing users shall apply for a wastewater contribution permit within 60 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, nondomestic users shall submit, in units and terms appropriate for evaluation, the following information:

(1)    Name, address and location (if different from the address).

(2)    SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.

(3)    Wastewater constituents and characteristics, including but not limited to those mentioned in section 118-263, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR 136, as amended.

(4)    Time and duration of contribution.

(5)    Average daily and 15-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.

(6)    Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

(7)    Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

(8)    Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or national pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional O&M and/or additional pretreatment is required of the user to meet applicable pretreatment standards.

(9)    If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

a.    The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b.    No increment referred to in subsection (9)a shall exceed nine months.

c.    Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the director.

(10)    Each product produced by type, amount, process or processes and rate of production.

(11)    Type and amount of raw materials processed (average and maximum per day).

(12)    Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

(13)    Details of systems to prevent and control the losses of materials through spills to the municipal sewers.

(14)    Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

(15)    Any other information as may be deemed by the city to be necessary to evaluate the permit application.

(b)    The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided in this article.

(Ord. No. 2000, § 1(22-4.2), 12-3-92)

118-303 Permit modifications.

(a)    The city reserves the right to amend any wastewater discharge permit issued under this article in order to assure compliance with applicable laws and regulations.

(b)    Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by section 118-301, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the director within 180 days of the promulgation of an applicable national categorical pretreatment standard the information required by subsections (a)(8) and (9) of section 118-302.

(c)    The discharger shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. No. 2000, § 1(22-4.3), 12-3-92)

118-304 Permit conditions.

Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:

(1)    The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

(2)    Limits on the average and maximum wastewater constituents and characteristics.

(3)    Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(4)    Requirements for installation and maintenance of inspection and sampling facilities.

(5)    Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

(6)    Compliance schedules.

(7)    Requirements for submission of technical reports or discharge reports.

(8)    Requirements for maintaining and retaining plant records relating to wastewater discharges and the compliance status of permitted best management practices or pollution prevention alternatives.

(9)    Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(10)    Requirements for notification of slug discharges.

(11)    Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.

(12)    Limits derived from the use of approved “best management practices” (BMPs), required or authorized by the City, that are based from applicable general pretreatment standards cited in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law.

(13)    Other conditions as deemed appropriate by the drainage district or the City to ensure compliance with this article.

(Ord. No. 2000, § 1(22-4.4), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-305 Duration of permit.

(a)    Wastewater discharge permits shall be issued for a specified time period or specific date not to exceed five years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in division 3 of this article are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(b)    A wastewater discharge permit’s effective date shall continue beyond its expiration date where the permittee has filed a timely application for permit reissuance, but the city, through no fault on the part of the permittee, has not reissued the permit at the time of expiration.

(Ord. No. 2000, § 1(22-4.5), 12-3-92)

118-306 Permit transfer.

Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. A copy of the existing permit shall be furnished to the new owner. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(Ord. No. 2000, § 1(22-4.6), 12-3-92)

118-307 Changes requiring new permit.

If there has been an increase or change in an industrial user’s contribution to the system, the discharger is required to reapply for a permit to cover those changes.

(Ord. No. 2000, § 1(22-4.7), 12-3-92)

118-308 Authority to enforce permit violations.

Wastewater discharge permit conditions are specifically and independently enforceable regardless of whether they are expressly required by or set out in this article. The city will enforce the permit conditions in accordance with the enforcement, penalties, and other requirements of this article.

(Ord. No. 2000, § 1(22-4.8), 12-3-92)

118-309 Reporting requirements for permittees.

(a)    Reporting requirements for industrial users subject to national categorical pretreatment standards are outlined in sections 118-285 through 118-287

(b)    Significant noncategorical industrial users will submit to the director at least once every six months, on dates specified by the director, a description of the nature, concentration and flow of the pollutants required to be reported by the director. All sampling and analysis will be in accordance with section 118-288.

(c)    The director has the authority to require appropriate reporting from nonsignificant industrial users. Reporting requirements will be determined on a case-by-case basis.

(d)    All reports shall be based on sampling and analysis performed in the period covered by the report.

(e)    All industrial users shall notify the POTW, the EPA Region V waste management division director and the state department of natural resources in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Reporting requirements shall be in accordance with 40 CFR 403.12(p).

(f)    All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under section 118-309(e) and 40 CFR 403.12(p).

(g)    All categorical and noncategorical industrial users shall notify the POTW immediately of all discharge that could cause problems to POTW, including any slug loadings.

(Ord. No. 2000, § 1(22-4.9), 12-3-92)

118-310 Signatory requirements for industrial user reports.

Any industrial user submitting a report required by sections 118-285 through 118-287 and section 118-309 shall include the following certification statement as set forth in 40 CFR 403.6(a)(2)(ii):

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

The quarterly periodic compliance report shall include a certification statement pursuant to 40 CFR 403 “Streamlining Rules” stating, “Best Management Practices (BMPs) required by the discharge permit are being implemented where such BMPs are used in lieu of more stringent categorical pretreatment effluent limitations.” The report shall be signed by an authorized representative (corporate officer, general partner, proprietor, or duly authorized representative as noted in 40 CFR 403.12(l)). The certification statement shall also be signed by an authorized representative of the industrial permittee.

(Ord. No. 2000, § 1(22-4.10), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-311 Confidential information.

(a)    Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

(b)    When requested by the person furnishing a report, the portion of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the national pollutant discharge elimination system permit, or the pretreatment programs; provided however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(c)    Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day written notification is given to the user, except that the city may disclose such information to authorized representatives of the MDNR and EPA without delay.

(Ord. No. 2000, § 1(22-4.11), 12-3-92)

118-312 Permit fees.

Users shall pay an industrial pretreatment permit fee to the city to reimburse the city for its cost of processing the application, issuing the permit, administering the permit, and processing renewal applications.

(Ord. No. 2000, § 1(22-4.12), 12-3-92)

118-313118-325 Reserved.

DIVISION 6. RATES AND CHARGES

118-326 Sewer connection charges.

(a)    For each permit issued by the director, a charge shall be made as provided in this section. A connection charge shall be made for all new buildings, major additions or alterations to buildings causing increased wastewater discharge, any land use causing the discharge of wastewater into the wastewater system and any change in wastewater flow. The connection charge shall be computed as provided in this section.

The connection charge provided in this section shall also be made where any dwelling or building is connected to the wastewater system. Before the permit can be used, evidence that the connection charge has been paid shall be filed with the director.

Charges for connections to the sewer system shall be computed on the basis of the number of units to be served as defined in this section. For this purpose, a unit of measure is defined as that quantity of wastewater discharged from the ordinary single-family dwelling occupied by one family; 12,000 cubic feet per year shall be used as the per unit use. In computing charges for commercial and industrial facilities or multiple residences, the number of units for which charges are to be made shall be determined from the following equivalent unit factors:

Usage

Units

Unit Factor

Auto dealers, new and/or used

1.0

per premises, plus 0.25 per 1,000 square feet of building including service area

Auto repair/collision

1.0

same as for auto dealers

Auto wash (coin-operated do-it-yourself, ten gallons or less per car)

1.0

per stall

Auto wash (mechanical, over ten gallons per car, not recycled)

10.0

per stall or production line, including approach and drying area

Auto wash (mechanical, over ten gallons per car, recycled)

5.0

per stall or production line, including approach and drying area

Barber shop

1.0

per shop, plus 0.1 per chair after two

Bar and discotheque

4.0

per 1,000 square feet

Beauty shops

1.0

per shop, plus 0.1 per booth

Boardinghouses

0.16

per person

Boarding schools

0.27

per person

Bowling alleys (no bar and no lunch facilities included)

1.0

per premises, plus 0.2 per alley, plus restaurant and bar

Churches

0.25

per 1,000 sq. ft., minimum one unit

Cleaners (pickup only)

1.0

per shop

Cleaners (cleaning and pressing facilities)

1.0

per premises, plus 0.5 per 500 sq. ft.

Clinics (medical or dental)

1.0

per premises, plus 0.5 per exam room

Convalescent or boarding homes

1.0

per premises, plus 0.25 per bedroom

Convents

1.0

per premises, plus 0.25 per bedroom

Country clubs and athletic clubs

1.5

per 1,000 sq. ft. of clubhouse, plus restaurant and bar

Drug stores

1.0

per premises, plus snack bar

Factories (office and production)

0.75

per 1,000 sq. ft.

Funeral home

1.5

per 1,000 sq. ft., plus residence to be computed separately

Fraternal organizations (members only)

1.00

per hall

Fraternal organizations (members and rentals)

2.00

per hall

Grocery stores and supermarkets

1.0

per premises, plus 0.8 per 1,000 sq. ft.

Hospitals

1.1

per bed

Hotels and motels

0.40

per bedroom, plus restaurant and bar

Jail

3.5

per bed

Laundry (self-serve)

1.0

per premises, plus 0.5 per washer

Mobile homes (freestanding)

1.0

per unit

Mobile homes (parks or subdivisions)

0.75

per pad or site at indirect connection rate, plus laundry, community buildings, and office to be computed separately per schedule

Office, including professional

0.50

per 1,000 sq. ft., minimum one

Post office

1.0

per 1,000 sq. ft.

Residence, single-family

1.0

per residence

Residence, two-family

1.0

per dwelling unit

Residence, multiple-family:

 

 

Duplex or row houses

1.0

per dwelling unit

Apartments

0.50

per dwelling unit

Fraternity or sorority houses

0.50

per dwelling unit

Restaurants and cafeterias (meals only)

2.5

per 1,000 sq. ft.

Restaurants (meals and alcoholic drinks)

3.5

per 1,000 sq. ft.

Restaurants, auxiliary dining rooms when used less than 20 hours per week

2.0

per 1,000 sq. ft.

Schools (no cafeteria, no pool)

0.5

per classroom

Schools with cafeteria

1.0

per classroom

Schools with cafeteria and pool

1.5

per classroom

Service stations

1.5

per 1,000 sq. ft. of building area

Snack bars, drive-ins, take-outs, etc.

2.5

per 1,000 sq. ft., including stalls

Solid waste incinerator

14.0

per ton per day

Store, retail (other than listed)

1.0

per premises, plus 0.1 per 1,000 sq. ft.

Theaters

0.04

per seat

Theaters (drive-in)

0.04

per car space

Tourist courts (individual bath units)

0.27

per cubicle

Trailer parks (rental bath houses)

0.40

per trailer

Warehouse and storage

0.2

per 1,000 sq. ft.

Veterinary facility

1.5

per facility

Veterinary facility with kennel

1.5

per facility, plus 0.5 per five kennels

The connection charge shall be $460.00 per unit for all new construction, improvements, extensions, and/or major alterations to existing improvements.

(b)    Classifications not specifically listed in this section shall be assigned values as determined by the director based upon the director’s estimate of the quantity of wastewater to be generated by the use in question. The owners of unlisted classifications may petition for adjustment of connection charges. Such petition shall not be considered until one year of continuous water consumption records or sewage flow records, or such other data that would establish equivalent unit values, are available. At the end of the measurement period, the director shall determine the charge based on such information. A deposit toward the sewer connection fee, as determined by the director, will be made before a permit is issued.

(c)    The director shall devise and procure the permit forms, such permits to be consecutively numbered, and shall be handled, in the manner prescribed by law, all funds received as a result of the connection charges, which will be credited to the appropriate sewerage fund. If the records of the director show that a sewer connection fee has been paid, then a credit for prior use will be allowed in calculating the sewer connection charge. If no payment has been made, no credit will be allowed. There shall be no return of any fees or portion of fees resulting from a reduced usage.

(d)    All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the drainage district, the director, and the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The owner shall hold the drainage district, the director, and the City harmless from any loss or damage that may in any way result from or be occasioned by such installation or connection.

(Ord. No. 2000, § 1(22-6.1), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-327 User charges and fees.

(a)    There is levied and assessed upon each lot, parcel of land, building or premises having any sewer connection with the sanitary sewer system of the City or otherwise discharging sewage, industrial wastes, water or other liquids either directly or indirectly into the City wastewater treatment system a charge for use of the system.

(b)    The users of the City’s sanitary sewer system shall be divided into classes. “Classes” shall consist of groups of users for which the wastewater characteristics are approximately equal and services provided are essentially the same. Initially, there shall be established three classes of users, as follows:

(1)    Industrial users.

(2)    Nonindustrial users (all dischargers to the system not described in subsection (b)(1) of this section).

(3)    Outside-the-City contract users.

The Department may establish additional classes as determined to be necessary.

(c)    Charges for wastewater treatment service shall be paid by each user connected to the system and shall be computed in accordance with probable demand a user places on the system and the quantity of water discharged to the system as measured by the City water meter installed thereon or by a sewage meter installed on the discharge pipe therefrom (or as estimated by the City).

(d)    Unscheduled Charges. Any system user who is responsible for damage to the system shall be charged the full cost of repair of the damage to the system. The cost shall include but is not limited to labor, equipment, materials, administrative expense, interest on borrowed funds, engineering, legal or other professional fees, and charges to the City by other utilities or departments.

(e)    When a considerable amount of water delivered to any premises is not returned to the City’s sewage disposal system, the Director in such case may establish a special basis upon which the sewage disposal charges to such premises will be computed, or, upon a determination by either the Director or the customer that the use of direct metering of sanitary sewage flow is necessary or is a more equitable method of determining sewage disposal charges, the Director shall order the installation of wastewater meters.

(f)    Wastewater meters installed or replaced after the effective date of this article shall be installed by the City and shall remain the property of the City. The normal maintenance and calibration will be the responsibility of the City. The City-owned meters will be sealed by the City and no person other than authorized City agents shall change the location of, alter, or interfere in any way with any meter. Any damage which the meter may sustain resulting from carelessness of the property owner, agent or tenant or from neglect of either of them to properly secure and protect the meter shall be paid by the owner upon presentation of a bill therefor. The property owner of any premises where a meter is installed will be held responsible for its care and protection. The capital cost of the meter and the operation and maintenance costs will be recovered by the City through meter charges.

(1)    The building owner will keep the area in which the meters are located in a manner suitable for inspection or maintenance of the meter and will include but not be limited to lighting, ventilation and access, such as ladders.

(2)    The building owner will be responsible for providing all utilities necessary for the operation of sewage meters.

(g)    Rate Changes. The rates to be charged for pretreatment fees, meter fees, and for wastewater treatment presently in effect in the City shall remain in effect until changed by the Director from time to time pursuant to the City of Pontiac Sewerage Contract, dated April 19, 2012, entered into pursuant to Public Act 342.

(h)    High Strength Surcharges. In addition to the minimum charge and the commodity charge, any user discharging wastewater containing BOD5 in excess of 200 mg/l (or COD in excess of 500 mg/l), suspended solids in excess of 250 mg/l, total phosphorus in excess of 15 mg/l, TKN in excess of 40 mg/l, FOG in excess of 100 mg/l, or chlorine-demand in excess of 30 mg/l shall pay additional charges, as set by the Director, and as changed by the Director and publication as set forth in subsection (g) of this section.

(i)    Metering and Monitoring Fees. In addition to the other charges provided in this section, each user shall pay for sampling and metering required by this article. A fee shall be charged for each set of samples collected and analyzed. Sampling periods shall not exceed a 24-hour day. If necessary to sample during more than one 24-hour day, multiple charges will be made. Charges for such services other than tests for BOD, COD, SS, phosphorus, chlorine-demand, FOG and TKN shall be at actual cost thereof as computed by the Director. The cost of testing for BOD, COD, SS, phosphorus, chlorine-demand, FOG and TKN for high strength surcharges will be established by the Director.

(Ord. No. 2000, § 1(22-6.2), 12-3-92; Ord. No. 2066, § 1, 8-28-97; Ord. No. 2078, § 1, 6-18-98; Ord. No. 2254, § 1, 4-17-12; Ord. No. 2268, § 1, 8-7-12; Ord. No. 2309, § 1(e), 8-12-13)

118-328 Additional charges and fees for industrial users.

(a)    The director may also set charges and fees for the administration and operation of the industrial pretreatment program. These charges and fees for the services provided by the system shall be levied upon any user which may have any sewer connection either directly or indirectly with the POTW and which discharges industrial waste to the POTW or any part thereof. Such charges shall be based upon the quantity and quality of industrial wastewater used thereon or therein. Charges and fees may be established for:

(1)    Reimbursement of costs of setting up and operating the pretreatment program;

(2)    Monitoring, inspections, and surveillance procedures;

(3)    Reviewing accidental discharge procedures and construction plans;

(4)    Filing appeals; and

(5)    Other charges as the director may deem necessary to carry out the requirements contained in this article.

(b)    The rate to be billed for use of the system for implementation of the industrial pretreatment program shall be as follows for industrial users within the sanitary sewer service area of the city:

(1)    An additional commodity charge per 100 cubic feet shall be charged for the operation and administration of the industrial pretreatment program.

(2)    Additional surcharges may be made by the director to compensate the director for the cost of treatment of pollutant loadings not normally treated at or in excess of those treated by the POTW.

(Ord. No. 2000, § 1(22-6.3), 12-3-92; Ord. No. 2268, § 1, 8-7-12)

118-329 Payments; delinquent fees; lien.

(a)    All charges for connection, permits, etc., shall be payable upon application.

(b)    Charges, as defined in this division, shall be billed monthly for all users and payment shall be due as of the date of billing.

(c)    Payments shall be made at the office of the director or such other places as he may designate.

(d)    No free service shall be furnished by the system to any person or entity. A late payment charge of ten percent of the balance due shall be added to all delinquent payments. If the delinquent fees, penalties and charges are not paid within 30 days of the due date, an additional one percent of the total due shall be added each month until paid or entered upon a tax roll. The greater of five percent or $20.00 will be added as a fee upon the delinquency when entered on the tax roll. After 30 days upon entrance on the tax roll, an additional one percent per month penalty shall accrue until all amounts due are paid.

(e)    Charges for services furnished to a premises, together with delinquency fees, shall be a lien on that premises, and those charges delinquent for six months or more may be certified annually for entrance of the lien on a tax roll. Such charges may be collected and the lien enforced in the same manner as general city taxes against such premises. However, in a case where a tenant is responsible for payment of the charges, and the director is so notified in writing signed by both landlord and tenant, including a true copy of the lease, then the charges shall not become a lien after the date of the notice. Upon receipt of such notice, the director shall render no further service to the premises until a cash deposit equal to two average billings as compiled over the preceding 12 months, or $100.00, whichever is greater, is made as security for payment of the charges. In such a case, if payment of the account is delinquent, the premises shall be subject to an immediate shutoff of service and the security deposit shall be applied to the delinquency.

(Ord. No. 2000, § 1(22-6.4), 12-3-92; Ord. No. 2078, § 1, 6-18-98; Ord. No. 2088, § 1, 1-7-99; Ord. No. 2268, § 1, 8-7-12)


1

Cross reference—Administration, ch. 2.