A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period less than five years, at the discretion of the Director of
Wastewater. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Director
of Wastewater to prevent pass-through or interference, protect the
quality of the water body receiving the treatment plant's effluent,
protect worker health and safety, facilitate sludge management and
disposal and protect against damage to the POTW.
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five years;
(3)
Effluent limits based on applicable pretreatment standards;
(4)
Self-monitoring, sampling, reporting, notification
and recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling
frequency and sample type based on federal, state, and local law;
and
(5)
A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state,
or local law.
B.
Wastewater discharge permits may also contain, but
need not be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge,
time of discharge and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment
technology, pollution control or construction of appropriate containment
devices, designed to reduce, eliminate or prevent the introduction
of pollutants into the treatment works;
(3)
Requirements for the development and implementation
of spill control plans or other special conditions, including management
practices necessary to adequately prevent accidental, unanticipated
or nonroutine discharges;
(4)
Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(5)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(6)
A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(7)
Other conditions as deemed appropriate by the Director
of Wastewater to ensure compliance with this Part 2 and state and
federal laws, rules and regulations.
A.
In order that the provisions of this Part 2 may be
reasonably applied and substantial justice done in instances where
unnecessary hardship would result from carrying out the strict letter
of this Part 2, the Board of Control shall serve as a Wastewater Board
of Appeals. A duty of such Board shall be to consider appeals from
the decision of the Director and to determine, in particular cases,
whether any deviation from strict enforcement will violate the intent
of this Part 2 or jeopardize the public health or safety.
B.
An informal hearing before the Director may be requested
in writing by any user deeming itself aggrieved by any citation, order,
charge, fee, surcharge, penalty or action within 10 days after the
date thereof, stating the reasons therefor with supporting documents
and data.
C.
Appeals from orders of the Director may be made to
the Wastewater Board of Appeals, within 30 days from the date of any
citation, order, charge, fee, surcharge, penalty or other action.
Such appeal may be taken by any person aggrieved. The appellant shall
file a notice of appeal with the Director, specifying the grounds.
Prior to a hearing, the Director shall transmit to the Board a summary
report of all previous action taken. The Board may, at its discretion,
call upon the Director to explain the action. The final disposition
of the appeal shall be in the form of a resolution, either reversing,
modifying or affirming, in whole or in part, the appealed decision
or determination. In order to find for the appellant, a majority of
the Board must concur.
(1)
The Wastewater Board of Appeals shall fix a reasonable
time for the hearing of the appeal, give due notice thereof to interested
parties, and decide the same within a reasonable time. Within the
limits of its jurisdiction, said Board of Appeals may reverse or affirm,
in whole or in part, or may make such order, requirements, decision
or determination as, in its opinion, ought to be made in the case
under consideration. The decision of said Board shall be final.
(2)
The Board of Appeals shall meet at such times that
the Board may determine. There shall be a fixed place of meeting,
and all meetings shall be open to the public in accordance with applicable
laws. The Board shall adopt its own rules of procedure and keep a
record of its proceedings, showing findings of fact, the action of
the Board and the vote of each member upon each question considered.
The presence of four members shall be necessary to constitute a quorum.
The Board of Appeals may prescribe the sending of notice to such persons
as it deems to be interested in any hearing by the Board.
D.
All charges for service, penalties, fees or surcharges
outstanding during any appeal process shall be due and payable to
the City of Monroe. Upon resolution of any appeal, the City of Monroe
shall adjust such amounts accordingly; however, such adjustments shall
be limited to the previous one-year's billing unless otherwise directed
by court order.
E.
If an informal hearing is not demanded within the
periods specified herein, such administrative action shall be deemed
final. In the event that either or both such hearings are demanded,
the action shall be suspended until a final determination has been
made, except for immediate cease-and-desist orders issued pursuant
to this Part 2.
F.
Appeals from the determinations of the Board of Appeals
may be made to the Circuit Court for the County of Monroe within 21
days.
The Director of Wastewater may modify a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
A.
To incorporate any new or revised federal, state,
or local pretreatment standards or requirements;
B.
To address significant alterations or additions to
the user's operation, processes or wastewater volume or character
since the time of wastewater discharge permit issuance;
C.
A change in the POTW that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
D.
Information indicating that the permitted discharge
poses a threat to Monroe Metropolitan Water Pollution Control System
POTW, City of Monroe personnel or the receiving waters;
E.
Violation of any terms or conditions of the wastewater
discharge permit;
F.
Misrepresentations or failure to fully disclose all
relevant facts in the wastewater discharge permit application or in
any required reporting;
G.
Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
H.
To correct typographical or other errors in the wastewater
discharge permit; or
I.
To reflect a transfer of the facility ownership or
operation to a new owner or operator.
A.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 30 days
advance notice to the Director of Wastewater and the Director of Wastewater
approves the wastewater discharge permit transfer. The notice to the
Director of Wastewater must include a written certification by the
new owner or operator which:
B.
Failure to provide advance notice of a transfer renders
the wastewater discharge permit void as of the date of facility transfer.
A.
The Director of Wastewater may revoke a wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
(1)
Failure to notify the Director of Wastewater of significant
changes to the wastewater prior to discharge;
(3)
Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Director of Wastewater or the
Director's designee timely access to the facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the
wastewater discharge permit application;
(12)
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement,
or any terms of the wastewater discharge permit or this Part 2.
B.
Wastewater discharge permits shall be void upon cessation
of operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
A.
If another municipality, or user located within another
municipality, wishes to contribute wastewater to the POTW, the Monroe
Metropolitan Water Pollution Board of Control and the City of Monroe
as the operator of the system must first approve the action and then
enter into an intermunicipal agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection A above, the Director of Wastewater shall request the following information from the contributing municipality:
(1)
A description of the quality and volume of wastewater
discharged to the POTW by the contributing municipality;
(2)
An inventory of all users located within the contributing
municipality that are discharging to the POTW; and
(3)
Such other information as the Director of Wastewater
may deem necessary.
C.
If the usage is approved by the Monroe Metropolitan Pollution Board of Control, the intermunicipal agreement, as required by Subsection A above, shall contain the following conditions:
(1)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part 2 and local limits which are at least as stringent as those set out in § 570-27 of this Part 2. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the Sewer Use Ordinance adopted by the City of Monroe, Frenchtown Charter Township, Monroe Charter Township and Raisinville Township ordinance or local limits;
(2)
A requirement for the contributing municipality to
submit a revised user inventory on at least an annual basis;
(3)
A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance, inspection
and sampling, and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the Director
of Wastewater; and which of these activities will be conducted jointly
by the contributing municipality and the Director of Wastewater;
(4)
A requirement for the contributing municipality to
provide the Director of Wastewater with access to all information
that the contributing municipality obtains as part of its pretreatment
activities;
(5)
Limits on the nature, quality and volume of the contributing
municipality's wastewater at the point where it discharges to the
POTW;
(6)
Requirements for monitoring the contributing municipality's
discharge;
(7)
A provision ensuring the Director of Wastewater access
to the facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling
and any other duties deemed necessary by the Director of Wastewater;
and
(8)
A provision specifying remedies available for breach
of the terms of the intermunicipal agreement.
