The Cascade Charter Township Board hereby finds the following:
A.
That there is a need to assure the quality of the wastewater discharged
by the publicly owned treatment works (POTW) to prevent the degradation
of the Grand River;
B.
That there is a need to protect the biological systems, operation
and infrastructure through the regulation of discharge into the POTW;
C.
That there is a need for the City to enhance its ability to regulate
the discharge of wastewater to the POTW consistent with local, state
and federal laws.
The purpose of this Part 2 is to establish standards, rules
and regulations, with respect to the use of the POTW, to provide for
rates and charges for connection to and use of the system, to establish
limits for the discharge of pollutants into the system and to prevent
the pollution of the environment.
A.
This Part 2 sets forth requirements for dischargers into the Grand
Rapids wastewater collection and treatment systems, and enables the
Grand Rapids system to protect the public health and environment in
conformity with all applicable state and federal laws relating thereto.
B.
The objectives of this Part 2 are:
(1)
To prevent the introduction of pollutants into the POTW which interfere
with the normal operation of the system or contaminate the resulting
sludge.
(2)
To prevent the introduction of pollutants into the POTW 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.
(3)
To improve the opportunity to recycle and reclaim wastewater and
sludge from the system.
C.
This Part 2 provides for the issuance of permits, and discharge authorizations,
for the regulation of discharges into the POTW.
For the purposes of this Part 2, the following words and phrases shall have the meanings respectively ascribed to them by this section unless the context in which they are used specifically indicates otherwise:
In general, as described in 40 CFR 403.12(l)(1), (2), (3),
and (4). See below for details in regard to specific situations.
In the case of a corporation, a president, secretary, treasurer
or vice president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decisionmaking
functions for the corporation; or
In the case of a limited liability company a principal managing
member or the member in charge of the principal business functions;
In the case of a partnership or proprietorship, a general partner
or proprietor; and
An authorized representative of the individual designated above
if:
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 313-18. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
An empirical test in which standardized laboratory procedures
are used to determine the relative oxygen requirements of wastewaters,
effluents and polluted water. The approved laboratory procedures are
listed in Title 40, Part 136, of the Code of Federal Regulations,
specifically in the method for the five-day BOD test.
The Building Inspections Division of the Grand Rapids Department
of Neighborhood Improvement.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
National pretreatment standards specifying quantities or
concentrations of pollutants or pollutant properties which may be
discharged or introduced into a POTW by specific industrial dischargers.
The City of Grand Rapids.
The City Manager of the City of Grand Rapids and any persons
designated to act on behalf of the City Manager in the administration
or enforcement of this Part 2.
The Federal Water Pollution Control Act, 33 U.S.C. § 1251
et seq., as amended and applicable regulations promulgated thereunder.
Any sewer designed or intended to receive both stormwater
and sewage.
The waste stream at industrial facilities where regulated
process effluent is mixed prior to treatment with wastewaters other
than those generated by the regulated process. Where required by federal
or state law, and only to the extent required by federal or state
law, the combined waste stream formula provided in 40 CFR 403.6(e)
and Rule 323.2311(7) MAC will apply to the limits applicable to a
combined waste stream.
A person or entity whose premises are used to offer services
and/or products such as retail and wholesale stores, gasoline stations,
restaurants, schools, churches, hotels, motels, nursing homes, hospitals,
warehouses, private clubs, theaters and governmental buildings. However,
some commercial users may also be designated as significant industrial
users (SIU) should they meet the criteria established in 40 CFR 403.3(v),
Rule 323.2302(cc) of the MAC and the definition of "significant industrial
user" in this section.
A variable unit charge payable by a user based on metered
water consumption.
A schedule consisting of one or more milestone dates required
for corrections, additions or modifications of treatment systems or
related pollution prevention or control activities as a result of
enforcement actions, expansions or changes in operations or changes
in local or categorical treatment standards. Compliance schedules
do not preclude additional enforcement actions due to violations of
requirements of this Part 2.
Space defined by reference to Part 90 of Act No. 154 of the
Public Acts of 1974, as amended, § 408.1001 of the Michigan
Compiled Laws.
An Environmental Protection Agency approved system allowing
states, tribes, and local governments that receive or plan to begin
receiving electronic documents in lieu of paper documents to satisfy
regulations under an authorized program.
Written authorization provided by the City Manager specifying
the conditions for discharge of a one-time or short-term duration
discharge, or other discharges not meeting the definition of "significant
industrial user," including, but not limited to, cooling tower water
and silver recovery unit discharges.
Any person or entity owning, controlling or operating any
real property which directly or indirectly utilizes the POTW. "Discharger"
also means any employee, officer, director, partner, member, contractor
or other person who participates in, or is legally or factually responsible
for, any act or omission which is a violation of this Part 2 or which
results in a violation of this Part 2. This definition shall be interpreted
broadly to include any person or entity who participates in an act
or omission that results in a violation of this Part 2.
A person or entity whose premises are domiciles for single-
or multiple-family use.
Waste material (as smoke, liquid, industrial refuse or sewage)
discharged into the POTW.
Action taken by the City to return a user into a state of
compliance with the standards established in this Part 2 of this Part
2. This may include, but is not limited to, fines, penalties and compliance
schedules.
Animal and plant waste resulting from the handling, preparation
and cooking of foods.
Waste matter or material discharged into the POTW from any
nondomestic source subject to regulation under Section 307(b), (c),
or (d) of the Clean Water Act.
Any person or entity that discharges into the POTW from any
nondomestic source subject to regulation under Section 307(b), (c),
or (d) of the Clean Water Act.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade or business process or from the development,
recovery or processing of natural resources.
The water entering a sewer system, including sewer service
connections, from the ground, through such manner as, but not limited
to, defective pipes, pipe joints, connections or manhole walls. Infiltration
does not include, and is distinguished from, inflow.
The water discharged into a sewer system, including service
connections from such sources as, but not limited to, roof leaders,
cellar, yard and area drains, foundation drains, cooling water discharges,
drains from springs and swampy areas, manhole covers, cross connections
from storm drains and combined sewers, catch basins, stormwater, surface
run-off, street wash waters or drainage. Inflow does not include,
and is distinguished from, infiltration.
Those lines whose basic function is to collect wastewater
from two or more separate trunk sewer lines and to transport such
wastewater to the sewage treatment plant.
A discharge, which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW collection,
treatment processes or operations, or its sludge processes or operations,
use, disposal, and causes a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or duration of
the 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 any more stringent state or local
regulations: Section 405 of the Clean Water Act, the Solid Waste Disposal
Act (SWDA) [including Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA)], and including state regulations
contained in any state sludge management plan prepared pursuant to
Subtitle D of the Solid Waste Disposal Act, the Clean Air Act, the
Toxic Substances Control Act and the Marine Protection, Research and
Sanctuaries Act.
A sewer pipe beginning at the local collector sewer or other
connection point and extending to the premises actually served. The
lateral sewer includes the stub to which a user connects.
The maximum allowable headworks loading expressed in pounds
per day that the POTW can accept without experiencing fire or explosion
hazards, fume toxicity, pass-through, sludge quality impairment, treatment
inhibition or cause a violation of state water quality standards.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
A fixed monthly charge payable by a user based on the size
of the water meter servicing the user.
Any building, structure, facility or installation of which
the construction commenced after the publication of the proposed pretreatment
standards under Section 307(c) (33 U.S.C.) which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that Section, provided that:
The construction is a site at which no other source is located;
or
The process or production equipment that causes the discharge
of pollutants at an existing source is totally replaced; or
The production or wastewater generating processes are substantially
independent of an existing source at the same site. Reference 40 CFR
403.3(m)(2) to (3) or Rule 323.2302(r) of the Michigan Administrative
Code for further information.
A six-digit code used by business and government to classify
and measure economic activity.
National Pollution Discharge Elimination system, a permit
issued pursuant to Section 402 of the Act (U.S.C. § 1342),
as amended.
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 of the magnitude or duration of a violation).
An individual, firm, partnership, association, public or
private corporation, limited liability company or public agency or
instrumentality.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
The term includes, but is not limited to, any dredged spoil,
solid 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, commercial and agricultural waste or any other
contaminant or other substance defined as a pollutant under the Clean
Water Act.
A treatment works as defined by Section 212 of the Clean
Water Act, including any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage and industrial
waste. The systems include sewers, pipes and equipment used to convey
wastewater to the treatment facility. The term also includes the municipality
as defined in Section 502(4) of the Clean Water Act which has jurisdiction
over the indirect discharges to and the discharges from such treatment
works.
Each lot or parcel of land or building having any connection
to the POTW of the City.
The reduction in the amount of pollutants, the elimination
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 physical, chemical or biological processes, process
changes or by other means. Dilution is not considered pretreatment
unless expressly authorized by an applicable national pretreatment
standard for a particular industrial category.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
Any person having legal or equitable title to real property
or any person having or exercising care, custody or control over any
real property.
Local collector, trunk and interceptor sewer lines including
lift stations and all appurtenances that are owned or controlled by
the POTW.
Substantial physical damage to property, damage to the treatment
facilities of a user which causes them to become all or partially
inoperable or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
Any liquid or water carried waste received from domestic,
commercial and industrial customers, including any infiltration or
inflow as may be present.
Any arrangement of devices and structures used for treating
sewage.
Any pipe or conduit for the conveyance of sewage.
Any change in a discharger's effluent which causes the
constituents of the discharge to be different and/or increases in
the concentration or flow by 20% over those reported on the discharger's
permit application.
Any discharger to the POTW who:
Has an average discharge flow of 25,000 gallons or more of process
wastewater per day (excluding sanitary, noncontact cooling and boiler
blowdown wastewater) or contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW, or as determined by the City Manager under authority
of 40 CFR 403.12(a) and in Rule 323.2302 of the Michigan Administrative
Code on the basis that the industrial user has a reasonable potential
for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement [in accordance with 40 CFR
403.8(f)(6) and Rule 323.2306(h) of the Michigan Administrative Code];
Is found by the City Manager, the Michigan Department of Environmental
Quality (MDEQ) or the U.S. Environmental Protection Agency (EPA) to
have significant impact, either singly or in combination with other
contributing users, on the wastewater treatment system the quality
of sludge, the system's effluent quality or air emissions generated
by the system; or
Is subject to federal categorical pretreatment standards under
40 CFR 403.6 and Rule 323.2311 of the Michigan Administrative Code
and 40 CFR Chapter I, Subchapter N.
Upon a finding that an industrial user meeting criteria in Subsection A(1) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City Manager may at any time, on his/her own initiative, or in response to a petition received from an industrial user or the POTW, and in accordance with 40 CFR 403.8(f)(6) and Rule 323.2306(h) of the Michigan Administrative Code, determine that such industrial user is not a significant industrial user.
Any industrial user with a violation that meets one or more
of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit,
instantaneous limit, or the average limit for the same pollutant parameter;
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit, instantaneous limit, or the average limit
multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil
and grease and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment effluent limit (daily
maximum or longer term average) that the City Manager 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);
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance;
Failure to provide, within 30 days after the due date, required
reports, ninety-day compliance reports, periodic self-monitoring reports
and reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Any violation or group of violations, which the City Manager
determines will adversely affect the operation or implementation of
the local pretreatment program. As required by federal regulations,
the City shall at least annually publish a list of industrial users
which during the previous 12 months were in significant noncompliance
with applicable standards or pretreatment requirements; or
Failure to meet BMP requirements.
A slug discharge is any discharge of a nonroutine, episodic
nature, including, but not limited to, an accidental spill or noncustomary
batch discharge, which has a reasonable potential to cause Interference
or pass-through, or in any other way violate the POTW's regulations,
local limits, or permit conditions.
Any underground pipe or any facility intended to convey only
stormwater runoff, street wash waters, groundwater and drainage. This
term also includes discharges allowed by state or federal discharge
permits.
All matter existing in nonliquid state which is removable
by filtration in accordance with 40 CFR 136 referenced as "residue,
non-filterable," or an alternative method approved by the EPA Administrator
in accordance with 40 CFR 403.12(b)(5)(vi) and Rule 323.2310(e)(vi)
of the Michigan Administrative Code.
Refers to the POTW.
Any pollutant identified pursuant to Section 307 of the Clean
Water Act, or pursuant to Part 31 of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, or pursuant to any other
applicable laws or regulations.
Water which has not come into contact with any substance
used in, or incidental to, industrial processing operations, such
as noncontact cooling water and to which no deleterious or toxic substance
has been added.
An exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards (or
other limits of this Part 2) because of factors beyond the reasonable
control of the industrial user. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, and lack of preventive
maintenance or careless or improper operation.
Either a domestic, commercial or industrial group of users.
Water, or any liquid, whether or not containing pollutants,
which is discharged or permitted to be discharged into the sanitary
sewer system.
The Division of the Grand Rapids City Water Department system
that is responsible for the reading of meters, submitting bills for
water and/or sewer service, collection of payment for bills and the
preparation and maintenance of the customer accounts, including applications
for service.
The following abbreviations shall have the designated meanings:
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BTEX
|
Benzene, toluene, ethylbenzene and xylene
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CFR
|
Code of Federal Regulations
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EPA
|
United States Environmental Protection Agency
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MTBE
|
Methyl tertiary butyl ether
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MAC
|
Michigan Administrative Code
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mg/L
|
Milligrams per liter
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TSS
|
Total suspended solids
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MAHL
|
Maximum allowable headworks loading
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