ARTICLE V. WATER POLLUTION1

58-351 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:

Effluent means the liquids or other substances flowing out of any plant or facility constructed and operated for the discharge of sewage, industrial wastes and any liquid or other discharge.

Outlet means the point of discharge of an effluent or other substance into the atmosphere, underground, ditch, or other area, watercourse, or other body of surface water or groundwater, and onto any surface or place.

Water pollution means an impairment of the quality of the underground or surface waters by sewage, dead animals, garbage, discarded metal articles, industrial wastes or any other thing which adversely affects the use of such water for domestic, industrial, agricultural, navigational, recreational or other purposes.

Watercourse means any channel, either natural or artificial, for the flow of water.

(Code 1985, § 19-28)

Cross reference—Definitions generally, § 1-2.

58-352 Unlawful pollution.

No person shall discharge or deposit wastes, sewage or effluent which creates a public nuisance, a menace to the public safety, pollution or contamination of underground or surface waters, or impairs the use of any private sewer, storm drain channel or public or private property.

(Code 1985, § 19-29)

58-353 Creating nuisance in Clinton River prohibited.

(a)    No person shall cause, create, aid or abet in causing or creating any public nuisance in Clinton River within the city, either by putting or placing in or causing to accumulate therein any decaying vegetable or animal matter or other noxious substance or by putting or placing or causing to be put or placed in the river any substance or thing which by decomposition or decay may be instrumental in creating, augmenting or increasing any such nuisance.

(b)    Any persons causing or creating or in any way being instrumental in causing or creating any public nuisance in the Clinton River within the city shall abate and remove the nuisance within ten days after notice thereof to abate such nuisance.

(Code 1985, § 19-30)

58-354 Treatment of polluted waters.

No person shall discharge into any outlet any sanitary sewage, effluent, industrial wastes or other polluted liquids, except when the discharge has been treated as required by law.

(Code 1985, § 19-31)

58-355 Unauthorized discharge.

No person shall discharge any wastes, effluent or sewage into any watercourse or tributary thereof, or into the ground by percolation or injection, without a permit from the county health department, subject to compliance with all state laws and city codes, and subject to inspection and approval by the department of public works and service of the city.

(Code 1985, § 19-32)

58-356 Application for discharge permit.

(a)    The application for a discharge permit shall be in writing, signed by the applicant and filed with the department of public works and service of the city.

(b)    The application for a discharge permit shall state the:

(1)    Name and address of the applicant;

(2)    Types of wastes or sewage to be discharged;

(3)    Quantity to be discharged, in maximum amounts per hour per day;

(4)    Treatment given to discharge, if any;

(5)    Proof by affidavit of compliance with all city, county, state and federal laws concerning pollution of waterways.

(Code 1985, § 19-33)

58-357 Investigation and inspection of applicant for permit.

(a)    The director of public works and service or his designee shall cause an investigation to be made of the facts stated in the application for a permit to discharge into the city waterways.

(b)    The director of public works and service or his designee shall cause an inspection to be made of the premises and facilities to be used for the discharges to ascertain the fitness of such premises and facility to comply with the city, county, state and federal laws concerning water pollution.

(Code 1985, § 19-34)

58-358 Periodic inspections.

The director of public works and service or his designee shall inspect the premises and facilities of any permittee under this article to ensure compliance is being had with all city, county, state and federal laws concerning water pollution.

(Code 1985, § 19-35)

58-359 Inspection fees.

The fees to be charged for the periodic inspections under this article shall be established from time to time by resolution of the council.

(Code 1985, § 19-36)

58-360 Issuance of discharge permit.

Upon completion of the requirements of sections 58-356 and 58-357 and the payment of the prescribed fee, the director of public works and service may grant a discharge permit to the applicant.

(Code 1985, § 19-37)

58-361 Keeping lakes and other bodies of water free from litter.

All property owners and occupants abutting on lakes and other bodies of water, to the extent of their ownership or occupancy, shall keep the banks and stream beds free from litter, refuse and rubbish which comes from the property of the abutting property owner.

(Code 1985, § 19-38)

58-362 Pollution of swimming pools.

Every person who illegally pollutes in any manner the water of any swimming pool shall be guilty of violating this article.

(Code 1985, § 19-39)

58-36358-395 Reserved.


1

Cross reference—Discharging wastes into sewer system, § 118-261.

State law reference—Analogous state power to regulate water pollution as a public nuisance, MCL 323.6, MSA 3.526 and 1963 State Constitution, Art. IV, § 52; state mandate that municipalities not permit pollution of waters, MCL 323.6, MSA 3.526; power of city to prohibit public nuisances and regulate for the general welfare, MCL 117.4j, MSA 5.2083.