[Adopted 3-13-1990 by Ord. No. 203
This article shall be known and cited as the
"New Haven Sewer Use Ordinance."
This article is adopted pursuant to and in accordance
with Act 94, Public Acts of 1933, as amended, and Act 246, Public
Acts of 1945, as amended.
A.Â
For the purpose of this article, the following rules
of construction apply:
(1)Â
Words used in the present tense include the future
tense;
(2)Â
Words in the singular include the plural, unless the
context clearly indicated the contrary;
(3)Â
The term "shall" is always mandatory and not discretionary;
(4)Â
The word "may" is permissive; and
(5)Â
A word or term not interpreted or defined by this
article shall be used with a meaning of common or standard utilization.
B.Â
AGENT
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING
BUILDING DRAIN
BUILDING SERVICE DRAIN
BUILDING SERVICE SEWER
BUILDING SEWER
COMBINED SEWER
DEPARTMENT
DRAIN or STORM DRAIN
DRAINAGE SYSTEM
DRAINAGEWATER
DWELLING UNIT
FLOATABLE OIL
GARBAGE
INDUSTRIAL SEWAGE or INDUSTRIAL WASTE
mg/l
MUNICIPALITY
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NORMAL DOMESTIC SEWAGE (NDS)
PERSON
pH
POLLUTED WATER
PREMISES
PRIVATE SANITARY SEWAGE DISPOSAL SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLIC DRAIN
PUBLIC FACILITIES
SANITARY SEWAGE
SANITARY SEWER
SETTLEABLE SOLIDS
SLUG
STANDARD METHODS
STREET
SUPERINTENDENT
SUSPENDED SOLIDS
SYSTEMS
TOTAL SOLIDS
UNPOLLUTED WATER
USER
VILLAGE COUNCIL
WASTEWATER or SEWAGE
WASTEWATER DISPOSAL OUTLET
WASTEWATER SYSTEM or SEWER SYSTEM
WASTEWATER TREATMENT WORKS or SEWAGE TREATMENT PLANT
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Macomb County Health Department.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
Any structure, including a mobile home, which requires a
means of disposal of wastewater.
The drainagewater pipes in a building which convey roof drainage,
footing drainagewater or stormwater to the building service drain,
located four feet (1.2 meters) outside the outer face of the building.
Any drainagewater pipe extension from a building drain outlet
point, located four feet (1.2 meters) outside of a building, to a
point of connection with a public drain, or with any private drain
upstream of a public drain.
The sewer extension from a building sewer outlet point, located
four feet (1.2 meters) outside of a building, to a point of connection
with a public sanitary sewer.
That part of the lowest horizontal piping of a building plumbing
system which receives the sanitary sewage from pipes inside the walls
of the building and conveys it from the building to the building service
sewer, located four feet (1.2 meters) outside of the outer face of
the building.
A sewer receiving both surface runoff and sewage.
The Village Sewer Department charged with operating and maintaining
the wastewater system.
A watercourse, ditch, drainage swale or pipe intended for
the conveyance of drainagewater.
Any part or all of the property, structures, equipment, drains,
watercourses, materials and appurtenances used in conjunction with
the collection and disposal of drainagewater.
Stormwater, subsurface groundwater, melting snow or ice,
roof and/or other surface water runoff, or unpolluted water.
A building or a unit thereof, including an apartment, house
trailer or mobile home, that is occupied by one or more persons as
a residence with a single set of culinary facilities intended for
a single family.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interface with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
Any liquid containing waterborne process wastes from industrial
sources.
Milligrams per liter.
The Village of New Haven, County of Macomb, State of Michigan.
A permit issued pursuant to section 402 of the Act (33 U.S.C.
§ 1342).
Wastewater which, when analyzed, shows a daily average concentration
of not more than 275 mg/l of BOD, nor than 350 mg/l of suspended solids,
nor more than 12 mg/l of phosphorus, nor more than 100 mg/l of fats,
oil and grease.
Any individual, firm, company, association, society, corporation
or other legal entity.
The reciprocal of the logarithm of the hydrogen ion concentration.
pH measures the degree of acidity or alkalinity of a solution. pH
values from 0 to 7 indicate acidity, and from 7 to 14 indicate alkalinity.
Neutral water has a pH value of 7.
Water which exceeds the water quality standards established
for the receiving waterway.
A parcel of real estate owned by a person served as a single
user by a wastewater disposal outlet. Each mobile home park is considered
separately as a premises.
Any septic tank with subsurface soil absorption facilities
or any other private wastewater treatment facilities which may be
approved by the Michigan Water Resources Commission or by its designated
agent, the Macomb County Health Department.
The wastes from the preparation, cooking and dispensing of
food which has 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 1/2 inch (1.27 centimeters)
in any dimension.
A drain under the control of the municipality or other public
agency which is located in public easements or public rights-of-way.
Sanitary sewers, public drain, water main, watercourse or
storm drain.
Usual domestic sewage or equivalent sewage, not including
industrial sewage as herein defined, from all sources.
A pipe or conduit that carries sanitary sewage.
Total particulate matter in water or wastewater that will
settle out of the liquid as prescribed in "Standard Methods."
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds 15 minutes
of duration more than five times the average twenty-four-hour concentration
of flows during normal operation, and which adversely affects the
collection system and/or performance of the wastewater treatment works.
The laboratory procedures set forth in the latest edition
of "Standard Methods for the Examination of Water and Wastewater,"
as prepared, approved and published jointly by the American Public
Health Association, the American Waterworks Association, and the Water
Pollution Control Federation, or methods acceptable to the United
States Environmental Protection Agency.
Any street, avenue, boulevard, road, alley or other right-of-way
which provides vehicular or pedestrian access to abutting properties
by the general public. "Street" includes the land between the street
and right-of-way lines, whether improved or unimproved.
The person appointed by the Village Council to manage the
New Haven Sewer Department.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater or other liquids, and
which is removable by laboratory filtering as prescribed in Standard
Methods. Suspended solid includes settleable solids.
The wastewater system.
Include total suspended solids and total dissolved solids.
Water which does not exceed the water quality standards established
for the receiving waterway.
The owner or occupant of any premises connected to and/or
using any of the facilities operated by the Sewer Department.
The Village Council, Village of New Haven, Macomb County,
Michigan.
Spent water which may be a combination of liquid and water-carried
wastes from residences, commercial buildings, industrial plants, institutions
or other land uses, including drainagewater inadvertently present
in said waste.
The point of connection with the public sanitary sewer.
Any part or all of the property, structures, equipment, sewers,
materials and/or appurtenances used in conjunction with the collection
and disposal of wastewater.
The Detroit Water and Sewer Department Regional Treatment
Plant for treating wastewater and sludge.
A natural or artificial channel for the passage of water
either continuously or intermittently.
A.Â
Use of public sewers and public drains required.
(1)Â
It shall be unlawful for any person to place, deposit
or permit to be deposited in any manner upon public or private property
within the municipality or in any area under the jurisdiction of said
municipality any human or animal excrement, garbage or other waste.
(2)Â
It shall be unlawful to discharge into any watercourse
or drain within the municipality or in any area under the jurisdiction
of said municipality any wastewater or other polluted water.
(3)Â
Except as hereinafter provided, 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.
(4)Â
Wastewater system connection .
(a)Â
The Village Council finds that a wastewater
system is essential to the health, safety and welfare of the people
of the municipality. Further, septic tank disposal systems in the
municipality are subject to failure due to the heavy soil conditions
prevalent throughout the municipality. Lastly, failure or potential
failure of septic tank disposal systems poses a threat to the public
health, safety and welfare; presents a potential for ill health, transmission
of disease, mortality and potential economic blight; and constitutes
a threat to the quality of surface and subsurface waters of the municipality.
Therefore, connection to the available wastewater system at the earliest
reasonable date is necessary in the public interest, which is hereby
declared by the Village Council to be a matter of legislative determination.
(b)Â
The owner of a structure in which sanitary sewage
originates and which is located within 200 feet of a right-of-way,
easement, highway, street or public way which crosses, adjoins or
abuts upon the property upon which said structure is located and within
which right-of-way, easement, highway, street or public way, a public
sanitary sewer is available for connection shall connect to said sanitary
sewer system within 18 months after said sanitary sewer becomes available
for connection. This section is adopted pursuant to and in accordance
with the provisions of Act 268, Public Acts of 1978.
(5)Â
All drainagewater and unpolluted water, including
unpolluted cooling water and unpolluted process water, shall be deposited
into a watercourse or public drain.
B.Â
Private sanitary sewage disposal.
(1)Â
Where a public sanitary sewer is not available under
the provisions of this article, a building sewer shall be connected
to a private sanitary sewage disposal system complying with the provisions
of this article.
(2)Â
No private sanitary sewage disposal system employing
subsurface soil absorption facilities shall be constructed on a parcel
of property which is less than 12,000 square feet in area.
(3)Â
The type, capacities, location and layout of a private
sanitary sewage disposal system shall comply with all regulations
and recommendations of the Michigan Water Resources Commission and
its designated agent, the Macomb County Health Department.
(4)Â
Before commencement of construction of a private sanitary
sewage disposal system, the owner shall first obtain a written permit
from the agent. The application for such permit shall be made on a
form furnished by the agent, which the applicant shall supplement
with any plans, specifications or other information considered necessary
by the agent.
(5)Â
The agent shall be allowed to inspect the work at
any stage of construction, and the permittee shall notify the agent
when the work is ready for any required inspection, including final
inspection.
(6)Â
The owner shall operate and maintain a private sanitary
sewage disposal system in a sanitary manner at all times at no expense
to the municipality, such that polluted water shall be prevented from
entering all drains or watercourses.
(7)Â
At such time as a public sanitary sewer becomes available
to a property served by a private sanitary sewage disposal system,
the building sewer shall be connected to said sewer within 18 months
after official notice of the availability of said sewer. Any septic
tanks, cesspool or similar private sanitary sewage disposal facility
shall be abandoned by cleaning and filling the same with suitable
material.
C.Â
Building service sewers, building service drains and
connections.
(1)Â
No person shall uncover, make any connection to, open,
use, alter or disturb any public sanitary sewer or public drain or
appurtenance thereof without first obtaining a written permit from
the Superintendent. A connection fee shall be paid to the municipality
at the time application is made for a permit to connect a building
service drain or building service sewer to public facilities.
(2)Â
There shall be two classes of building service sewer
construction permits for sanitary sewage service and for industrial
sewage service. In addition, construction of a building service drain
discharging into public facilities requires a construction permit.
In all cases, the owner or his agent shall make application for the
permit supplemented by any plans, specifications or other information
considered pertinent by the municipality.
(3)Â
All costs and expenses incident to the installation
of a building service sewer or building service drain shall be borne
by the owner of the premises. The owner shall indemnify the municipality
from any loss or damage to the municipality's wastewater or drainage
systems which may result directly or indirectly by such connections.
(4)Â
A separate building service sewer shall be provided
for every building. Sanitary sewage and industrial sewage shall not
be combined in a single building service sewer.
(5)Â
Existing building service sewers may be used in connection
with new buildings when it is determined by the Superintendent that
said building service sewers meet the requirements of this article.
(6)Â
The size, slope, alignment, materials and methods
of construction of a building service sewer or building service drain,
including the connection to a public sanitary sewer or public drain,
and the methods to be used in trench excavating, placing, jointing
and testing the pipe and backfilling the trench shall conform to the
requirements of the Building and/or Plumbing Code or other applicable
ordinances of the municipality. In the absence of code provisions,
the materials and procedures set forth in the ASTM and WPCF Manual
of Practice No. 9 shall apply.
(7)Â
Whenever possible, the building service sewer shall
be brought to the building at an elevation below the basement floor.
(8)Â
No person shall connect roof downspouts, foundation
or footing drains, areaway drains or other sources of surface runoff
and/or groundwater to a building sewer or building service sewer which
is connected directly or indirectly to a public sanitary sewer.
(9)Â
The applicant for a building service sewer or building
service drain permit shall notify the Superintendent for inspection
of connections to the public sewer or drain. All connections shall
be made under the supervision of the Superintendent or his representative.
(10)Â
All excavations shall be surrounded 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 to their original condition.
(11)Â
Footing drain tile:
(a)Â
Footing drains or foundation drains of buildings
connected to the public sanitary sewer before March 30, 1968, shall
not be required to disconnect from the public sanitary sewer unless
the flow from the footing drain or foundation drain is excessive as
determined by the Superintendent.
(b)Â
All groundwater and stormwater collected in
footing drains installed after March 30, 1968, shall be directly connected
to a storm drain or watercourse by a pipe. Such connection shall be
approved by the Superintendent.
(c)Â
Sump pumps shall be installed in all new buildings
having footing drains which have been constructed after March 30,
1968. Sump pumps shall be installed in accordance with plans approved
by the Building Department and shall be designated to pump drainagewater
from foundation drains to an approved drain. Connections from sump
pumps to drains shall require a permit from the Department for a building
service drain.
(12)Â
Lot grading. All basement excavations and/or
excavations for foundation walls for a building served by a sanitary
sewer shall be backfilled upon completion of construction of the basement
wall or foundation wall. The earth surface surrounding such wall shall
be graded so as to direct drainagewater away from such walls to a
point of disposal. The building contractor shall provide drainage
away from the building during all stages of construction, and the
owner shall maintain such drainage during all times the building is
connected to a sanitary sewer.
(13)Â
Building or house eaves troughs, gutters and
downspouts. All buildings connected to a sanitary sewer shall be equipped
with adequate eaves troughs, gutters, downspouts and similar connections
so as to discharge stormwater at least five feet perpendicularly away
from all building walls. If stormwater is discharged on the surface
of the ground or on the surface of a sidewalk or driveway, said ground
or surface shall slope away from the building. During stages of construction
of a building, temporary downspouts shall be provided, if necessary.
E.Â
Use of public sanitary sewers.
(1)Â
Except as otherwise permitted herein, all sanitary
sewage shall be discharged into public sanitary sewers. However, no
new connections to sanitary sewers shall be allowed unless sufficient
capacity for treatment of flows from such connections is available.
Such flow capacity is subject to a maximum flow limitations contained
in contracts or agreements between the Village, Macomb County, and
the City of Detroit.
(2)Â
Industrial sewage may be discharged into public sanitary
sewers only upon issuance of an industrial sewage permit by the municipality
and only when such sewage meets the requirements hereinafter described.
(3)Â
Drainagewater and uncontaminated water shall not be
discharged into public sanitary sewers.
(4)Â
No waste or wastewater shall be discharged into a
public sanitary sewer which contains toxic, poisonous or corrosive
solids, liquids or gases in a quantity, either alone or in combination
with other wastes which may damage or interfere with the current or
future wastewater system or the sewage treatment process, or which
may constitute a hazard to humans, animals or public property, or
which may create a public nuisance or have a deleterious effect on
the receiving waters of the sewage treatment plant effluent. This
prohibition of toxic pollutants will conform to section 307(a) of
the Act. These general prohibitions apply to all such users of the
wastewater treatment system whether or not the user is subject to
the National Categorical Pretreatment Standards or any other national,
state or local pretreatment standards or requirements. The Village
may refuse to accept any wastes which will cause the wastewater treatment
plant to violate its NPDES discharge limits.
(5)Â
No waste or wastewater shall be discharged into public
sanitary sewers which may damage said sewers. By way of example and
not limitation, damage may result from chemical reactions, either
directly or indirectly, with sewer construction materials which impair
the strength or durability of the wastewater system; mechanical action
which destroys or damages the wastewater system; restriction of the
hydraulic capacity of sewer structures or restriction of the normal
inspection or maintenance of the sewer; placing unusual demands on
the wastewater treatment equipment or process or limiting its effectiveness.
(6)Â
No solid or viscous substance in quantity or size
capable of obstructing the flow in pipes or causing other interference
with the operation of the wastewater system, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders, shall
be placed in or discharged to a public sanitary sewer.
(7)Â
No gasoline, benzene, naptha, fuel oil or other flammable
or explosive liquid, solid or gas, shall be placed in or discharged
to a public sanitary sewer.
(8)Â
No waste or wastewater causing excessive discoloration,
such as but not limited to dye wastes or vegetable tanning solutions,
shall be placed in or discharged to a public sanitary sewer.
(9)Â
No waste or wastewater shall be placed in or discharged
to a public sanitary sewer which constitutes a "slug," either in quantities
of flow or concentration or both.
(10)Â
No waste or wastewater shall be placed in or
discharged to a public sanitary sewer which has a pH lower than 5.5
or higher than 9.5 or which has any other corrosive property capable
of causing damage or hazard to the wastewater system or treatment
works.
(11)Â
The Village shall conform its ordinances with
all laws, ordinances, rules, regulations and orders of the City of
Detroit and the State of Michigan with reference to wastewater characteristics,
collection and disposal, and water pollution control.
F.Â
Use of public sanitary sewers for industrial sewage.
(1)Â
Industrial sewage shall not be discharged into public
sanitary sewers except upon issuance of a special industrial sewage
permit by the municipality. Such permits shall be annual permits and
shall be subject to review for past and proposed conformance with
all requirements of this article as a condition of renewal. An annual
permit fee shall be paid to the municipality by the industrial sewage
permit holder. The Village Council may, after proper notice and hearing,
suspend, revoke or refuse to renew a special industrial sewage permit
upon a showing by the Superintendent that the permittee has persistently
disregarded the provisions of this article pertaining to the discharge
of industrial sewage.
(2)Â
Compatible wastes which are discharged by industry
in concentrations greatly in excess of domestic sewage will be sampled,
analyzed and treated. The municipality shall assess and collect surcharges
from the permittee to cover the added cost of handling and treating
the over-limit discharge of compatible waste. Such surcharges shall
be uniform throughout the system and shall be based on samples taken
at the control manhole of each industrial and commercial user. No
costs shall be assessed unless the concentrations are greater than
those found below:
|
Waste
|
Concentration
(mg/l)
| |
|---|---|---|
|
BOD
|
275
| |
|
Suspended solids
|
350
| |
|
Phosphorus
|
12
| |
|
Fats, oil and grease
|
100
|
(3)Â
If any water or wastewater is discharged, or is proposed
to be discharged, which may cause damaging effects to the public sewers
as described in this article, or which contains an excess of the substances
or exceeds the limits set forth below, or which may have a deleterious
effect upon the sewage system, processes, equipment or receiving waters,
or which otherwise creates a hazard to life or constitutes a public
nuisance, the municipality may:
(a)Â
Reject the waste;
(b)Â
Require pretreatment of incompatible wastes
to an acceptable condition for discharge to the public sewers; and/or
require periodic reports on effluent volume and quality; and/or require
control over the quantities and rates of discharge;
(c)Â
Assess and collect monitoring and surveillance
fees when the limits of incompatible wastes, as defined below, are
found to be exceeded; and/or
(d)Â
Contract with the user to accept high strength
or high flow wastes.
[1]Â
|
Soluble Incompatible Pollutants
|
Limits
| |
|---|---|---|
|
Antimony
|
2.0 mg/l
| |
|
Arsenic
|
1.0 mg/l
| |
|
Cadmium
|
2.0 mg/l
| |
|
Chromium, Hexavalent (Cr+6)
|
5.0 mg/l
| |
|
Chromium (total)
|
25.0 mg/l
| |
|
Copper
|
3.0 mg/l
| |
|
Cyanide (total)
|
2.0 mg/l
| |
|
Ethyl Hexyl Phthalate
|
100 parts per trillion
| |
|
Iron
|
50.0 mg/l
| |
|
Lead
|
1.0 mg/l
| |
|
Mercury
|
0.005 mg/l
| |
|
Nickel
|
5.0 mg/l
| |
|
Phosphorus
|
13.0 mg/l
| |
|
Polychlorinated Biphenyls
|
100 parts per trillion
| |
|
Selenium
|
1.0 mg/l
| |
|
Silver
|
2.0 mg/l
| |
|
Sulfides
|
10.0 mg/l
| |
|
Thallium
|
0.1 mg/l
| |
|
Zinc
|
15.0 mg/l
| |
|
H2S, SO2, NO (total)
|
10.0 mg/l
| |
|
Explosive substances
|
None detectable
| |
|
Combustibles
|
None detectable
| |
|
Radioactive waste
|
100 microcuries/liter
| |
|
Toxic gases
|
None detectable
| |
|
General Conditions
|
Limits
| |
|
Grease or oil that will solidify or become viscous
at 50° F. or above
|
None detectable
| |
|
Particle size
|
Must pass a 1/2-inch sieve in any dimension
| |
|
Specific gravity of suspended solids
|
2.65 maximum
| |
|
Temperature limit
|
150° F.
| |
|
Toxic or irritating substances not otherwise
detectable
|
None detectable
|
[2]Â
Upon the promulgation of the National Categorical
Pretreatment Standards for a particular subcategory, the pretreatment
standard, if more stringent than 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 Superintendent shall notify all affected users of the applicable
reporting requirements.
(4)Â
Grease, oil and sand interceptors shall be installed
by the user when the municipality determines they are necessary for
the proper handling of liquid wastes to remove grease in excessive
amounts, to remove any flammable wastes, sand or other harmful ingredients.
Interceptors shall not be required for private dwelling units. All
interceptors shall be of a type and capacity approved by the municipality,
shall be located so as to be readily and easily accessible for cleaning
and inspection, and shall be continuously maintained by the user in
an operating condition to accomplish the required result.
(5)Â
Any water or wastewater having a pH lower than 5.5
or higher than 9.5 shall be pretreated to an acceptable condition
within these limits before discharge to the public sanitary sewers.
(6)Â
If the municipality permits the pretreatment or equalization
of wastewater flows, the design and installation of the pretreatment
facilities and equipment shall be subject to the Superintendent's
review and approval and subject to the requirements of all applicable
codes, ordinances and laws. Where pretreatment or flow-equalizing
facilities are provided for any waste or wastewater, the owner or
user shall maintain these facilities continuously in satisfactory
and effective operation at his expense.
(7)Â
Monitoring.
(a)Â
The municipality may monitor any discharger
of industrial sewage as frequently as required to provide proper enforcement
of the article and, further, to assess proper charges and fees to
industrial waste dischargers.
(b)Â
The Superintendent and other authorized personnel
bearing proper identification shall be permitted to enter upon any
premises or easement for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this article.
The Superintendent and authorized personnel shall have no authority
to inquire into any processes, including metallurgical, chemical,
oil refining, ceramic, paper or other processes, other than to determine
the type and source of discharge to the sewers, waterways or facilities
for waste treatment.
(c)Â
While performing the necessary work on private
properties, the Superintendent and duly authorized personnel shall
observe all safety rules applicable to the premises established by
the company.
(d)Â
Monitoring equipment.
[1]Â
The owner of any property discharging industrial
wastewater to a sanitary sewer shall install on the industrial sewage
building service sewer a suitable control manhole or structure, together
with necessary meters, positive control devices and other appurtenances
to facilitate observation, sampling and measurement of the wastewater.
[2]Â
Such structure shall be accessible and safely
located in a public right-of-way or easement, allowing continuous
access by municipal personnel, and shall be constructed in accordance
with plans and specifications approved by the municipality. The structure
shall be installed by the owner at his expense and shall be maintained
by him so as to be safe and accessible to authorized personnel at
all times.
(e)Â
Sampling.
[1]Â
All measurements, tests and analyses of the
characteristics of waters and wastes shall be performed as prescribed
by the Standard Methods and shall be determined at the control manhole
or samples taken from said control manhole and analyzed off the premises.
[2]Â
Sampling shall be conducted in accordance with
customarily accepted methods to determine the effect of constituents
upon the wastewater treatment works and the existence of hazards to
life, limb and property. The analyses will determine whether continuous
monitoring, a twenty-four-hour composite of all outfalls of a premises,
or periodic sampling is appropriate. BOD and SS analyses are usually
obtained from twenty-four-hour composites of all outfalls, whereas
pH values are determined from periodic samples or by the use of pH
meters.
(8)Â
When the municipality determines wastewater or wastes,
either untreated or pretreated, are of a type which may pose a threat
to the public or the public sanitary sewer system as previously described,
such dischargers may be required to provide a continuous monitoring
device incorporating a detection and warning system and a positive
control device approved by the Village Council to prevent spills of
incompatible wastewater from entering the sanitary sewer, and to provide
and maintain a property damage and personal injury liability insurance
policy in whatever amount deemed necessary by the Village Council,
but in no event shall said policy provide coverage of less than $1,000,000.
Said liability insurance shall cover claims against the user for damage
to the public sanitary sewer system which may be caused by such abnormal
and/or deleterious waste and for claims brought against said user
for personal injury and/or property damage generally.
(a)Â
All conditions of Detroit's Ordinance No. 129-H
regulating discharge of waste into the wastewater system, and all
subsequent amendments to said ordinance, shall be applicable.
[Amended 9-11-2018 by Ord. No. 355]
No person, firm or corporation shall break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the wastewater system or drainage system. Any violation
of this section shall be a municipal civil infraction pursuant to
Ordinance No. 333, Section 10, according to the following fine, fee,
and cost schedule:
A.Â
B.Â
Fees.
(1)Â
Fees may also be issued in proportion to the hours required by Village
personnel to research, document, and process such municipal civil
infraction violation notices.
(a)Â
Fee rate shall be: $25 per hour (minimum of one hour).
(2)Â
If fees are assessed, documentation of all hours worked by the Bureau
Clerk or other duly appointed Village personnel on such matters shall
be recorded.
C.Â
Costs.
(1)Â
Costs incurred by the Village may be issued in addition to the fines
and fees listed above, pursuant to state law.
(a)Â
Costs shall be: as necessary to make whole the Village, as relates
to the remedying of the municipal civil infraction.
(2)Â
If costs are assessed, documentation of all expenses incurred by
the Village shall be recorded by the Bureau Clerk or other duly appointed
Village personnel.
D.Â
Assessment of costs. If the property owner does not pay the bill
within 60 days of the costs and/or fee invoice, the costs shall be
charged against the premises and it shall become a lien on the land
or property assessed of the same character in effect as the lien created
for taxes, plus an additional delinquency fee of 10% per month, until
paid.
[Amended 1-13-2015 by Ord. No. 333; 9-11-2018 by Ord. No. 355]
A.Â
Violation; penalty. Any person, firm, or corporation who violates the provisions of this article shall be guilty of a municipal civil infraction and, upon conviction thereof, shall be subject to the penalties set forth in § 495-9 of this article and the provisions of Ordinance No. 333, Section 10.[1]
B.Â
Show-cause hearing.
(1)Â
Any user subject to enforcement action under the provisions of this
article may request a hearing before the Superintendent within 10
days of receipt of notification of proposed enforcement action. A
hearing is to be held by the Superintendent concerning the violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause before the Superintendent
why the proposed enforcement action should not be taken.
(2)Â
The Superintendent may conduct the hearing and take the evidence
or may designate any officer or employee to:
(a)Â
Issue in the name of the Superintendent notices of hearing requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(b)Â
Take the evidence;
(c)Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Superintendent
for action thereon.
(3)Â
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.
(4)Â
After the Superintendent has reviewed the evidence, he 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 on existing treatment facilities, and that
said devices or other related appurtenances are properly operated.
Further orders and directives as are necessary and appropriate may
be issued.
(5)Â
The Superintendent shall also establish appropriate surcharges or
fees to reimburse the Village for the additional cost of operation
and maintenance of the wastewater treatment works due to the violations
of this article.
(6)Â
Any action by the Superintendent may be appealed to the Village Council.
(7)Â
Any user for any reason can use this same appeals procedure.
