[Adopted 9-6-2016 by Ord.
No. 162[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Wastewater Pretreatment, adopted effective 7-19-1990 by Ord. No. 88.
(a)Â
The purpose of this article is the protection of the environment,
and of public health and safety, by abating and preventing pollution
through the regulation and control of the quantity and quality of
wastes admitted to or discharged into the wastewater collection and
treatment system under the jurisdiction of the Township and enabling
the Township to comply with all applicable state and federal laws
required by the Federal Water Pollution Control Act, being 33 U.S.C.
§ 1251 et seq., and the General Pretreatment Regulations,
being 40 CFR Part 403.
(b)Â
The objectives of this article are:
(1)Â
To prevent the introduction of pollutants into the wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge, or will pose a hazard to the health or welfare
of the people or of employees of the City of Detroit Water and Sewerage
Department;
(2)Â
To prevent the introduction of pollutants into the wastewater
system which will pass inadequately treated through the system into
receiving waters, the atmosphere or the environment, or otherwise
be incompatible with the system;
(3)Â
To improve the opportunity to recycle or reclaim wastewater
or sludge from the system in an economical and advantageous manner;
and
(4)Â
To provide for the recovery of the costs from users of the wastewater
collection and treatment system sufficient to administer regulatory
activities and meet the costs of the operation, maintenance, improvement
or replacement of the system.
(c)Â
This article provides for the regulation of contributors to the Detroit
and the Township wastewater collection and treatment system through
the issuance of wastewater discharge permits to certain users and
through the enforcement of general requirements for all users, authorizes
monitoring and enforcement, and authorizes fees and penalties.
(a)Â
The City of Detroit, through the Detroit Water and Sewerage Department,
as the state-approved control authority, is authorized to administer
and enforce the provisions of this article on behalf of the Township.
The Township has executed and hereby ratifies its delegation agreement
with the City of Detroit through the Detroit Water and Sewerage Department,
which sets forth the terms and conditions of such delegated authority,
consistent with this article, and shall allow the Detroit Water and
Sewerage Department to perform the specific responsibilities of control
authority pursuant to state and federal law.
(b)Â
By virtue of the obligations and authority placed upon the Township
by the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, being 33 U.S.C. § 1251 et seq.; the
1963 Constitution of the State of Michigan; Public Act 245 of 1929,
as amended, being MCL 323.1 et seq.;[1] MSA 3.521 et seq.; the 1997 Township Charter; the National
Pollutant Discharge Elimination System (NPDES) permit for the City
of Detroit Publicly Owned Treatment Works (POTW); the Consent Judgment
in U.S. EPA v. City of Detroit, et al., Federal District Court for
the Eastern District of Michigan Case No. 77-1100, as amended; and
existing or future contracts between the Board of Water Commissioners
and suburban communities or other governmental or private entities;
or by virtue of common law usage of the system, this article shall
apply to every user contributing or causing to be contributed, or
discharging, pollutants or wastewater into the wastewater collection
and treatment system of the City of Detroit POTW.
[1]
Editor’s Note: MCL 323.1 to 323.2a were repealed by
P.A.1994, No. 451, § 90101, effective March 30, 1995.
(a)Â
General pollutant prohibitions. No user shall discharge or cause
to be discharged into the POTW, directly or indirectly, any pollutant
or wastewater which will cause interference or pass-through. These
general discharge prohibitions shall apply to all users of the POTW,
whether or not the user is subject to National Categorical Pretreatment
Standards or to any other federal, state, or local pretreatment standards
or requirements. In addition, it shall be unlawful for a user to discharge
into the POTW:
(1)Â
Any liquid, solid or gas, which, by reason of its nature or
quantity, is sufficient either alone or by interaction with other
substances to create a fire or explosion hazard or to be injurious
in any other way to persons, to the POTW, or to the operations of
the POTW. Pollutants which create a fire or explosion hazard in a
POTW include, but are not limited to, wastestreams with a closed cup
flash point of less than 140° F. or 60° C. using the test
methods specified in 40 CFR 261.21; or
(2)Â
Any solid or viscous substance in concentrations or quantities
which are sufficient to cause obstruction to the flow in a sewer or
other encumbrances to the operation of the POTW, including, but not
limited to, grease, animal guts or tissues, bones, hair, hides or
fleshing, entrails, whole blood, feathers, ashes, cinders, sand, cement,
spent lime, stone or marble dust, metal, glass, straw, shavings, grass
clippings, rags, strings, fibers, spent grains, spent hops, wastepaper,
wood, plastic, tar, asphalt residues, residues from refining or processing
of fuel or lubrication oil, mud or glass grinding or polishing wastes,
or tumbling and deburring stones; or
(3)Â
Any wastewater having a pH of less than 5.0 units or greater
than 11.5 units; or
(4)Â
Any wastewater containing petroleum oil, nonbiodegradable cutting
oil, products of mineral oil origin, or toxic pollutants in sufficient
concentration or quantity either singly or by interaction with other
pollutants to cause interference or pass-through, or constitute a
hazard to humans or animals; or
(5)Â
Any liquid, gas, solid or form of energy, which either singly
or by interaction with other waste is sufficient to create toxic gas,
vapor, or fumes within the POTW in quantities that may cause acute
worker health and safety problems, or may cause a public nuisance
or hazard to life, or are sufficient to prevent entry into the sewers
for their maintenance and repair; or
(6)Â
Any substance which is sufficient to cause the POTW's effluent
or any other product of the POTW, such as residue, sludge, or scum,
to be unsuitable for reclamation processing where the POTW is pursuing
a reuse and reclamation program. 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 33
U.S.C. § 1345, with any criteria, guidelines, or developed
and promulgated regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Federal Clean Air Act,
the Federal Toxic Substances Control Act, or with state criteria applicable
to the sludge management method being used; or
(7)Â
Any substance which will cause the POTW to violate either the
Consent Judgment in U.S. EPA v. City of Detroit et al., Federal District
Court for the Eastern District of Michigan Case No. 77-1100, or the
City of Detroit's National Pollutant Discharge Elimination System
permit; or
(8)Â
Any discharge having a color uncharacteristic of the wastewater
being discharged; or
(9)Â
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
a public sewer which exceeds 150° F. or which will cause the influent
at the wastewater treatment plant to rise above 104° F. (40°
C.); or
(10)Â
Any pollutant discharge which constitutes a slug; or
(11)Â
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
in compliance with applicable federal or state regulations; or
(12)Â
Any floating fats, oil or grease which are sufficient to cause
interference with or pass through the POTW; or
(13)Â
Any solid materials having a specific gravity greater than 1.2
or a cross section dimension of 1/2 inch or greater which are sufficient
to cause interference with the POTW.
(b)Â
Specific pollutant prohibitions. No user shall discharge wastewater
containing in excess of the following limitations:
(2)Â
Noncompatible pollutants.
a.Â
No user shall discharge wastewater containing in excess of:
Substance
|
Limit
(mg/l)
| |
---|---|---|
Arsenic (As)
|
1.0
| |
Cadmium (Cd)
|
See Appendix C
| |
Chromium (Cr)
|
25.0
| |
Copper (Cu)
|
2.5
| |
Cyanide (CN) (available)
|
1.0
| |
Iron (Fe)
|
1,000.0
| |
Lead (Pb)
|
1.0
| |
Nickel (Ni)
|
5.0
| |
Silver (Ag)
|
1.0
| |
Zinc (Zn)
|
7.3
| |
Total phenolic compounds:
|
1.0 or see Appendix B[2]
|
[2]
Editor's Note: Appendix B is included as an attachment to
this chapter.
b.Â
All limitations are based on samples collected over an operating
period representative of an industrial user's discharge, and in accordance
with 40 CFR Part 136.
c.Â
The limitation for total PCB is nondetect. Total PCB shall not be discharged at detectable levels, based upon U.S. EPA Method 608, and the quantification level shall not exceed 0.2 ugm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of total PCB, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the total PCB concentration is below the detection level, or submission of a BMP in accordance with Sec. 64-271(d).
d.Â
The limitation of mercury (Hg) is nondetect. Mercury (Hg) shall not be discharged at detectable levels, based upon U.S. EPA Method 245.1, and the quantification level shall not exceed 0.2 ugm/1, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of mercury, the user shall be required to demonstrate compliance. For the purposes of this section, this demonstration may be made using analytical data showing that the mercury concentration is below the detection level, or submission of a BMP in accordance with Sec. 64-271(d).
e.Â
All limitations are based on samples collected over an operating
period representative of an industrial user's discharge, and in accordance
40 CFR Part 136.
(3)Â
Compliance period. Within 30 days of the effective date of this
article, the Department shall notify all industrial users operating
under an effective wastewater discharge permit of the requirement
to submit a compliance report within 180 days after the effective
date of this article. The compliance report shall demonstrate the
user's compliance or noncompliance with these limitations, and, in
the event of noncompliance, include the submission of a plan and schedule
for achieving compliance with the stated limitation. In no event shall
a compliance schedule exceed 18 months from the effective date of
this article. An industrial user who does not demonstrate compliance
may petition the Department for a second extension as part of an administrative
consent order. The Department shall include appropriate monitoring,
reporting, and penalties into an administrative consent order that
relates to a second extension, and shall enter into such an agreement
only upon a good-faith showing by the industrial user of the actions
taken to achieve compliance with this provision.
(c)Â
National Categorical Pretreatment Standards. All users shall comply with the applicable National Categorical Pretreatment Standards and requirements promulgated pursuant to the act as set forth in 40 CFR, Chapter 1, Subchapter N, Effluent Guidelines and Standards, which are hereby incorporated by reference and with all other applicable standards and requirements, provided that where a more stringent standard or requirement is applicable pursuant to state law or regulation, or to this article, then the more stringent standard or requirement shall be controlling. Affected dischargers shall comply with applicable reporting requirements under 40 CFR Part 403 and as established by the Department. The National Categorical Pretreatment Standards which have been promulgated as of the effective date of this section are delineated in Appendix A.[3]
(1)Â
Intake water adjustment. Industrial users seeking adjustment
of National Categorical Pretreatment Standards to reflect the presence
of pollutants in their intake water must comply with the requirements
of 40 CFR 403.15. Upon notification of approval by the Department,
the adjustment shall be applied by modifying the permit accordingly.
Intake water adjustments are not effective until incorporated into
an industrial user's permit.
(2)Â
Modification of National Categorical Pretreatment Standards.
The Department may apply to the U.S. Environmental Protection Agency,
or to the Michigan Department of Environmental Quality, whichever
is appropriate, for authorization to grant removal credits in accordance
with the requirements and procedures in 40 CFR 403.7. Such authorization
may be granted only when the POTW treatment plant can achieve consistent
removal for each pollutant for which a removal credit is being sought,
provided that any limitation of such pollutant(s) in the NPDES permit
neither are being exceeded nor pose the prospect of being exceeded
as a result of the removal credit being granted. Where such authorization
is given to the Department, any industrial user desiring to obtain
such credit shall make an application to the Department, consistent
with the provisions of 40 CFR 403.7 and of this article. Any credits
which may be granted under this section may be subject to modification
or revocation as specified in 40 CFR 403.7, or as determined by the
Department. A requisite to the granting of any removal credit may
be that the industrial user pay a surcharge based upon the amounts
of such pollutants removed by the POTW, such surcharge being based
upon fees or rates which the Board may establish and, when appropriate,
revise from time to time. Permits shall reflect, or be modified to
reflect, any credit granted pursuant to this section.
(3)Â
New sources. Industrial users who meet the new sources criteria
shall install, maintain in operating condition, and start up all pollution
control equipment required to meet applicable pretreatment standards
before beginning to discharge. Within the shortest feasible time and
not to exceed 90 days, new sources must meet all applicable pretreatment
standards.
(4)Â
Concentration and mass limits. When limits in a Categorical
Pretreatment Standard are expressed only in terms of mass of pollutant
per unit of production, the Department 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. Equivalent limitations
shall be calculated in accordance with Sections 40 CFR 403.6(c)(3)
and/or 40 CFR 403.6(c)(4) and shall be deemed pretreatment standards
for the purposes of 33 U.S.C. § 1317(d) and of this article.
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.
(5)Â
Reporting requirements for industrial users upon effective date
of Categorical Pretreatment Standards-baseline report. 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 submission under 40 CFR 403.6(a)(4), whichever is later,
existing industrial users subject to such Categorical Pretreatment
Standards and currently discharging into or scheduled to discharge
into the Detroit POTW shall submit to the Department a report containing
the information listed in 40 CFR 403.12(b)(1) through (7). Where reports
containing this information have already been submitted to the Director
or regional administrator in compliance with the requirement of 40
CFR 128.140(b), the industrial user will not be required to resubmit
this information. At least 90 days before commencement of any discharge,
each new source and any existing sources that become industrial users
after the promulgation of an applicable Categorical Pretreatment Standard
shall submit to the Department a report which contains the information
listed in 40 CFR 403.12(b)(1) through (5). In such report, new sources
shall include information concerning the method of pretreatment the
source intends to use to meet applicable pretreatment standards. New
sources shall provide estimates of the information requested in 40
CFR 403.12(b)(4) and (5).
[3]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(d)Â
Dilution prohibited. Except where expressly authorized to do so by
an applicable pretreatment standard or requirement, no user shall
increase the use of process water, or in any way dilute or attempt
to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in
the National Categorical Pretreatment Standards, or in any other pollutant-specific
limitation or requirement imposed by the Township, the City of Detroit
or by the State of Michigan.
(e)Â
Hauled-in wastewater. Any waste material or wastewater which is hauled into or within the service region for discharge to the POTW is subject to the requirements of this article, including, but not limited to, permits, inspection, monitoring and enforcement. Unloading liquid or solid waste from hauling vehicles, directly or indirectly, into the POTW, with or without the benefit of pretreatment, is prohibited unless the person proposing to unload such waste has applied for and received a permit from the Department for unloading such waste in accordance with the Board's rules pertaining thereto. The discharger shall be subject to applicable terms and conditions, surcharges, fees or rates as established by the Board. Hauled-in wastewater shall only be discharged at points designated by the POTW after authorization or approval issued pursuant to the general permit requirements specified in Sec. 64-266 of this Code. The Department may establish specific limitations for sludge from municipally owned or operated POTW treatment plants which are different than the specific limitations in this article.
(f)Â
Centralized waste treatment.
(1)Â
It is unlawful for a centralized waste treatment (CWT) facility
to discharge any industrial waste or wastewater into the POTW without
a wastewater discharge permit from the Department. Any authorization
granted, or permit issued, by the Department to a centralized waste
treatment (CWT) facility shall specify the type of wastewater for
which treatment is provided, and discharge approval is sought, from
the POTW. Unless such industrial waste or wastewater is determined
by the Department to require further authorization, a centralized
waste treatment (CWT) facility that has submitted an application to,
and received previous approval from, the Department to discharge wastewater
is not required to obtain further authorization from the Department
before discharging such wastewater.
(2)Â
An industrial user that provides centralized waste treatment
services and files an application for the treatment and discharge
of such types of wastewater to the POTW shall provide the following
minimum information in support thereof:
a.Â
The general nature, source and process(es) generating the type
of wastewater. Any wastewater which is generated from those processes
and is subject to National Categorical Pretreatment Standards, as
delineated in Appendix A,[4] shall be so designated;
[4]
Editor's Note: Appendix A is included as an attachment to
this chapter.
b.Â
The identity of the toxic pollutants known or suspected to be
present in the wastewater;
c.Â
At least one sample report showing the results of an analysis
for the EPA priority pollutants for each type of wastewater for which
application is made in Subsection (f)(1)a of this section;
d.Â
A statement that is certified by a professional engineer which
addresses the treatability and compatibility of the wastewater received
or collected by the facility's treatment process(es);
e.Â
The identity of the materials and/or pollutants whose transport
or treatment are regulated by the EPA, by the state, or by any other
governmental agency. Upon request, the centralized waste treatment
(CWT) facility shall provide a copy of its permit and/or license to
the Department; and
f.Â
Other information requested by the Department, including, but
not limited to, information required by Sec. 64-266(c)(1) through
(18) of this Code, or by rules adopted by the Board.
(3)Â
The discharge from a centralized waste treatment (CWT) facility will be deemed approved for those specific types of wastewater delineated in a permit and, upon issuance of such permit in accordance with the procedures contained in Sec. 64-266 of this Code, will be deemed approved for discharge into the POTW. The centralized waste treatment (CWT) facility shall comply with all applicable provisions contained in Sec. 64-266 of this Code regarding permits. In furtherance of its obligations as control authority, the Department may include in the permit a requirement to report at selected intervals the information mandated in Subsection (f)(2)a through f of this section.
(4)Â
All users granted a permit under this section shall maintain
records which, at a minimum, identify the source, volume, character,
and constituents of the wastewater accepted for treatment and disposal.
These records may be reviewed at any time by the Department.
(g)Â
Groundwater discharges. Unless authorization has been granted by
the Department, the discharge of any groundwater into the POTW is
prohibited.
(1)Â
The Department may authorize the discharge of groundwater resulting
from maintenance and related activities of gas, steam, or electrical
utilities through the use of general permits. Subject to appropriate
reporting requirements, the general permit shall authorize discharge
in accordance with the terms of the permit. Utilities shall comply
with this provision within 180 days after its enactment.
(2)Â
If a person who proposes to discharge groundwater resulting
from purge, response activity, or UST projects has applied for and
received a permit from the Department, the Department may authorize
the discharge of such wastewater. Permits shall be issued in accordance
with the procedures contained in Sec. 64-266 of this Code, or in accordance
with any rules adopted by the Board.
(h)Â
Township right of revision. The City of Detroit and the Township
reserve the right to establish rules or regulations adopted by the
Board, additional or more stringent limitations or requirements on
discharges to the POTW. Ninety days after adoption by the Board, industrial
users shall comply with such rules and regulations.
(i)Â
Accidental discharges.
(1)Â
Each industrial user which does not currently have an approved
spill prevention plan or slug control plan shall provide protection
from accidental discharge of prohibited materials or other substances
regulated by this article, and all significant industrial users shall
submit to the Department detailed plans which show facilities and
operating procedures to be implemented to provide protection against
such accidental discharges. Facilities and measures to prevent and
abate accidental discharges shall be implemented, provided, and maintained
at the owner's or industrial user's cost or expense. Unless the significant
industrial user has an approved spill prevention or slug control plan,
all existing significant industrial users shall complete and submit
such a plan within 60 days of the effective date of this article.
New significant industrial users shall submit such a plan prior to
the time they commence discharging.
a.Â
For purposes of this section, the information provided shall
include the approximate average and maximum quantities of such prohibited
materials or substances kept on the premises in the form of raw materials,
chemicals and/or waste therefrom and the containment capacity for
each. Only substances that are in a form which could readily be carried
into the POTW and constitute a concentration of 5% or greater in the
raw material, chemical solution or waste material are required to
be reported. Volumes of less than 55 gallons, or the equivalent thereof,
need not be reported unless lesser quantities could cause pass through
or cause interference with the POTW.
b.Â
The industrial user shall promptly notify the Department of
any significant changes or modifications to the plan, including, but
not limited to, a change in the contact person, or substance inventory.
(2)Â
At least once every two years, the Department shall evaluate
whether a significant industrial user needs a plan to control slug
discharges, as defined by 40 CFR 403.8(f)(2)(v). Unless otherwise
provided, all significant users shall complete, implement, and submit
such a plan within 30 days of notification by the Department.
(j)Â
Notification requirements. Unless a different notice is provided
by this article or applicable law, within one hour of becoming aware
of a discharge into the POTW which exceeds or does not conform with
federal, state or Township laws, rules, regulations or permit requirements,
or which could cause problems to the POTW, or which has the potential
to cause the industrial user to implement its plan prepared in accordance
with Subsection (i)(1) of this section, the industrial user shall
telephone the Department at its control center and notify the Department
of the discharge. The notification shall include the name of the caller,
the location and time of discharge, the type of wastewater, the estimated
concentration of excessive or prohibited pollutants and estimated
volume, and the measures taken, or being taken, to abate the discharge
into the POTW. Within five calendar days after the discharge, the
industrial user shall submit a detailed written report describing
the cause of the discharge and the measures to be taken by the user
to prevent similar future occurrences, and when required by the Department,
the industrial user's wastewater discharge permit may be modified
to include additional measures to prevent such future occurrences.
Such notification shall not relieve the industrial user of any expense,
cost of treatment, loss, damages or other liability which may be incurred
as a result of damage to the POTW, fish kills, or any other environmental
impairment or any other damage to person or property.
(k)Â
Notice to employees. A notice shall be permanently posted on the
industrial user's bulletin board, or other prominent place, advising
employees whom to contact in the Department in the event of an actual
or excessive or prohibited discharge.
(l)Â
Recovery of costs. Any user discharging in violation of any of the
provisions of this article which produces a deposit or obstruction,
or causes damage to or impairs the Department's POTW, or causes the
Department to violate its NPDES permit, shall be liable to the Department
for any expense, loss, damage, penalty or fine incurred by the Department
because of said violation or discharge. Prior to assessing such costs,
the Department shall notify the user of its determination that the
user's discharge was the proximate cause of such damage, obstruction,
impairment, or violation of the City's NPDES permit and the Department's
intent to assess such costs to the user. Any such notice shall include
written documentation which substantiates the determination of proximate
cause and a breakdown of cost estimates. Failure to pay the assessed
costs shall constitute a violation of this article. Such charge shall
be in addition to, and not in lieu of, any penalties or remedies provided
under this article, or this Code, or other statutes and regulations,
or at law or in equity.
(m)Â
Hazardous waste notification. All industrial users who discharge
into the Township collection system shall notify the Department in
writing of any discharge of a substance which, if otherwise disposed
of, would be a hazardous waste as set forth in 40 CFR Part 261. Such
notification must comply with the requirements of 40 CFR 403.12(p).
(n)Â
Authorized representative. The authorized representative, as defined
in Sec. 64-263(a), may designate a duly authorized representative
of the individual designated in Subsection (1) or (2) of the definition
of "authorized representative" in Sec. 64-263(a) of this Code where:
(2)Â
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility where
the industrial discharge originates, such as the position of plant
manager, operator of a well or well field superintendent, or a position
of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
(3)Â
The written authorization is submitted to the Department.
(o)Â
Pollution prevention. The Department shall encourage and support
industrial users to develop and implement pollution prevention programs
that are designed to eliminate or reduce pollutant contributions beyond
the levels required by this article. The Department may require an
industrial user to implement pollution prevention initiatives or BMP
as part of an enforcement response, or as necessary to comply with
its NPDES permit.
(a)Â
The purpose of this section is to provide for the recovery of costs
from users of the POTW. The applicable charges or fees established
by the Board shall be sufficient to meet the costs of the operation,
maintenance, improvement or replacement of the system, or as provided
by law or by Board action.
(b)Â
The Board shall adopt charges and fees which shall include, but not
be limited to:
(1)Â
Fees for reimbursement of costs of establishing, operating,
maintaining, or improving the Department's industrial waste control
and pretreatment programs; and
(2)Â
User fees based upon volume of waste and concentration or quantity
of specific pollutants in the discharge, and treatment costs including
sludge handling and disposal; and
(3)Â
Reasonable fees for reimbursement of costs for hearings, including,
but not limited to, expenses regarding hearings officers, court reporters,
and transcriptions; and
(4)Â
Other fees which the Board may deem necessary to carry out the
requirements contained herein, or as may be required by law.
(a)Â
Required. It shall be unlawful for users to discharge into the POTW any wastewater which will cause interference or pass-through, or otherwise not comply with the discharge prohibitions of Sec. 64-264 of this Code. It shall be unlawful for a significant industrial user to discharge into the POTW without a wastewater discharge permit from the Detroit Water and Sewerage Department. Unless otherwise expressly authorized by the Department through permit, order, rule or regulation, any discharge must be in accordance with the provisions of this article.
(1)Â
All significant industrial users which are in existence on the effective date of this article shall apply for a wastewater discharge permit within 30 days of the effective date of this article. Significant industrial users who are currently operating with a valid wastewater discharge permit are not subject to this provision. These applications are to include all information specified in Sec. 64-266(c) and, where applicable, any additional information which may be needed to satisfy the federal baseline monitoring report requirements of 40 CFR 403.12(b).
(2)Â
All new significant users shall apply for a wastewater discharge
permit at least 90 days prior to commencement of discharge. The application
must include all information specified in this Code and, where applicable,
any additional information that may be needed to satisfy the federal
BMR requirements of 40 CFR 403.12(b). Until a permit is issued and
finalized by the Department, no discharge shall be made into the POTW.
(3)Â
Any user who proposes to discharge any wastewater other than
sanitary or noncontact cooling water into the POTW shall request approval
from the Department for the discharge(s) at least 30 days prior to
the commencement of the discharge.
(b)Â
Permit application or reapplication. The Department may require any
user to complete a questionnaire and/or a permit application and to
submit the same to the Department for determining whether the industrial
user is a significant user, or to determine changes in the wastewater
discharges from a user's facility. Within 30 days of being so notified,
a user shall comply with the Department's request in the manner and
form prescribed by the Department. Failure of the Department to so
notify a user shall not relieve the user of the duty to obtain a permit
as required by this article.
(1)Â
A user which becomes subject to a new or revised National Categorical
Pretreatment Standard shall apply for a wastewater discharge permit
within 90 days after the promulgation of the applicable National Categorical
Pretreatment Standard, unless an earlier date is specified or required
by 40 CFR 403.12(b). The existing user shall provide a permit application
which includes all the information specified in Sec. 64-266(c) and
(g) of this Code.
(2)Â
A separate permit application shall be required for each separate
facility.
(3)Â
Existing permittees shall apply for permit reissuance a minimum
of 90 days prior to the expiration of existing permits on a form prescribed
by the Department.
(c)Â
Application or reapplication information. In support of an application
or reapplication for a wastewater discharge permit, the industrial
user shall submit, in units and terms appropriate for evaluation,
the following information:
(1)Â
Corporate or individual name, any assumed name(s), federal employer
identification number, address, and location of the discharging facility;
(2)Â
Name and title of the authorized representative of the industrial
user who shall have the authority to bind the industrial user financially
and legally;
(3)Â
All SIC numbers of all processes at this location according
to the Standard Industrial Classification Manual, issued by the Executive
Office of the President, Office of Management and Budget, 1987, as
amended;
(4)Â
Actual or proposed wastewater constituents and characteristics for each parameter listed in the permit application form. Such parameters shall include those applicable pollutants having numeric limitations as enumerated in Sec. 64-264(a) and (b) of this Code, those pollutants limited by National Categorical Pretreatment Standards regulations for applicable industries and any toxic pollutants known or suspected to be present in the discharge, regulated in the previous permit, or specifically requested by the Detroit Water and Sewerage Department. For each parameter, the expected or experienced maximum and average concentrations during a one-year period shall be provided. For industries subject to National Categorical Pretreatment Standards or requirements, the data requested herein shall be separately shown for each categorical process wastestream. Combined wastestreams proposed to be regulated by the combined wastestream formula shall also be identified. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to 33 U.S.C. § 1314(g) and contained in 40 CFR Part 136, as amended. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the administrator.
(5)Â
A listing and description of activities, facilities and plant
processes on the premises. Those processes which are subject to National
Categorical Pretreatment Standards or requirements shall be so designated.
As pertains to Subsection (c)(4) of this section, identify which pollutants
are associated with each process;
(6)Â
Restricted to only those pollutants referred to in Subsection
(c)(4) of this section, a listing of raw materials and chemicals which
are either used in the manufacturing process or could yield the pollutants
referred to in Subsection (c)(4). Any user claiming immunity from
having to provide such information for reasons of national security
shall furnish acceptable proof of such immunity;
(7)Â
A description of typical daily and weekly operating cycles for
each process in terms of starting and ending times for each of the
seven days of the week;
(8)Â
Denote:
a.Â
The average and maximum twenty-four-hour wastewater flow rates,
including, if any, daily, monthly and seasonal variations;
b.Â
Each national categorical process wastestream flow rate and
the cooling water, sanitary water and stormwater flow rates separately
for each connection to the POTW; and
c.Â
Each combined wastestream;
(9)Â
A drawing showing all sewer connections and sampling manholes
by the size, location, elevation and points or places of discharges
into the POTW; also a flow schematic showing which connections receive
each national categorical process wastestream and which connections
receive stormwater, sanitary water or cooling water; also show which
lines handle each combined wastestream. This schematic shall be cross-referenced
to the information furnished in Subsection (c)(8) of this section;
(10)Â
Each product produced by type, amount, process or processes
and rate of production as pertains to processes subject to production
based limits under the National Categorical Pretreatment Standards
or requirements only;
(11)Â
A statement regarding whether or not the requirements of this
article and of the National Categorical Pretreatment Standards and
requirements are being met on a consistent basis and, if not, what
additional operation and maintenance work and/or additional construction
is required for the industrial user to meet the applicable standards
and requirements. This statement shall be reviewed and signed by the
authorized representative and, as appropriate, certified by a qualified
professional;
(12)Â
Basic information on the program for the prevention of accidental
discharges in accordance with the requirements of Sec. 64-264(i) of
this Code;
(13)Â
Proposed or actual hours of operation of each pretreatment system
for each production process;
(14)Â
A schematic and description of each pretreatment facility which
identifies whether each pretreatment facility is of the batch type
or continuous process type;
(15)Â
If other than Detroit Water and Sewerage Department potable
water, the industrial user's source of intake water together with
the types of usage and disposal method of each water source, and the
estimated wastewater volumes from each source;
(16)Â
If additional construction and/or operation and maintenance
procedures will be required to meet the requirements of this article
and the National Categorical Pretreatment Standards, the shortest
schedule by which the user will provide such additional construction
and/or implement the required operation and maintenance procedures;
(17)Â
Identify whether the user has conducted a waste minimization
assessment or audit of its operations in order to identify all feasible
source reduction and recycling practices that may be employed to reduce
or eliminate the generation of pollutants and other waste at the facility;
and
(18)Â
Any other information as may reasonably be required to prepare
and process a wastewater discharge permit.
(d)Â
Permit issuance.
(1)Â
Upon receipt of an application, the Department shall review
the application, determine, and so notify the industrial user in writing
regarding any of the following:
a.Â
The industrial user does not meet the definition of a significant
industrial user and is not required to have a wastewater discharge
permit;
b.Â
The industrial user does meet the definition of a significant
industrial user but is found by the Department to have no reasonable
potential for adversely affecting the POTW operation or for violating
any pretreatment standard or requirement, and is not required to have
a wastewater discharge permit. The Department shall make such determination
in accordance with the requirements of 40 CFR 403.8(f)(6);
c.Â
The application is incomplete or the information only partially
satisfies the information and data required by 40 CFR 403.12 or by
the Department, and that additional information and data are required
which shall be promptly furnished. Where appropriate, the industrial
user is notified regarding specific information that is missing, or
that the application is unacceptable;
d.Â
The industrial user is required to have a wastewater discharge
permit. The Department shall notify the industrial user of its determination
and the basis of the determination.
(2)Â
The Department may withhold issuance of a permit to a significant user which has not submitted an adequate or timely report, or permit application, to the Department as the control authority in accordance with the reporting requirements of 40 CFR 403.12, or whose discharge is in violation of this article. If the Department determines that an industrial user is required to have a wastewater discharge permit and has evaluated and accepted the data furnished, the industrial user will be notified accordingly by certified mail. The notification shall contain a copy of the draft permit, so marked, for the industrial user's review. An industrial user has 30 days from the date of mailing to file a response to the draft permit and, in accordance with the procedures contained in Sec. 64-272 of this Code, 20 days from the date of mailing to file an appeal regarding a permit issued as final. Upon disposition by the Department of any contested terms or conditions, a permit shall be issued as final. Only one facility location shall be included in each permit.
(e)Â
Permit conditions. Wastewater discharge permits shall contain all
requirements of 40 CFR 403.8(f)(1)(iii) and shall be deemed to incorporate
all provisions of this article, other applicable laws, rules, regulations,
and user charges and fees established by the City of Detroit or the
Township of Chesterfield without repetition therein. In addition,
permits may contain the following:
(1)Â
Limits on the average and maximum wastewater constituents or
characteristics which are equivalent, more restrictive than, or supplemental
to the numeric limits enumerated in Sec. 64-264 of this Code, or the
applicable National Categorical Pretreatment Standards;
(2)Â
Limits on average, and maximum rate and time of discharge or
requirements for flow regulation and equalization;
(3)Â
Requirements for installation, operation, and maintenance of
discharge sampling manholes and monitoring facilities by the industrial
user;
(4)Â
Restrictions on which of the user's discharge wastestreams are
to be allowed to be discharged at each point of connection to the
POTW;
(5)Â
Specifications for industrial user monitoring programs which
may include sampling locations, frequency and type of sampling, number,
types and standards for tests and reporting schedules;
(6)Â
Requirements for the prevention of accidental discharges and
the containment of spills or slug discharges;
(7)Â
Restrictions based on the information furnished in the application;
(8)Â
Additional reporting requirements:
a.Â
All permittees shall submit a report on the form prescribed
by the Department, or on an alternative form approved by the Department,
indicating the status of compliance with all conditions enumerated
or referred to in the wastewater discharge permit, or made applicable
to the permit by this article. Unless required more frequently, the
reports shall be submitted at six-month intervals on a schedule to
be established by the Department. Analytical data generated by the
Department may not be submitted in lieu of the facility's own monitoring
data as required by the wastewater discharge permit.
b.Â
Permittees not subject to national categorical pretreatment
standards or requirements shall submit a report in accordance with
the requirements of Sec. 64-266(e)(8)d and e of this Code. The report
shall show the concentration of each substance for which there is
a specific limitation in the permit, or which may be identified by
the Department in accordance with Sec. 64-266(e)(9) and (11) of this
Code.
c.Â
Permittees subject to National Categorical Pretreatment Standards
or requirements shall submit compliance reports at the times and intervals
specified by federal regulations and by the Department. A compliance
report shall be submitted to the Department no later than 90 days
following the final compliance date for a standard, or in the case
of a new source, no later than 90 days following commencement of the
introduction of wastewater into the POTW, and in accordance with 40
CFR 403.12(d). A report on continued compliance shall be submitted
at six-month intervals thereafter on the schedule established by the
Department and incorporated into the industrial user's discharge permit
and in accordance with Sec. 64-266(e)(8)d and e of this Code. The
reports shall be either on a form prescribed by the Department or
on an alternate form approved by the Department, and shall indicate
the nature and concentration of all pollutants in the discharge from
each regulated process which are limited by National Categorical Pretreatment
Standards, or for which there is a specific limitation in the permit,
or which may be identified by the Department in accordance with Sec.
64-266(e)(9) and (11) of this Code. The report shall include a record
of measured or estimated average and maximum daily flows for the reporting
period for the discharges regulated by the permit. The combined wastestream
formula may be used for reporting purposes after the initial information
has been furnished to the Department, provided there have been no
changes to the elements composing the combined wastestream.
d.Â
Reports shall contain the results of representative sampling
performed during the period covered by the report and of the discharge
and analysis of pollutants contained therein, and, for significant
industrial users subject to production-based standards, shall be cross-referenced
to the related flow or production and mass as required to determine
compliance with the applicable pretreatment standards. The frequency
of monitoring shall be as prescribed in the applicable general pretreatment
regulations, being 40 CFR Part 403, or by the Department, but no less
than is necessary to assess and assure compliance by the industrial
user with the most stringent applicable pretreatment standards and
requirements. All sampling and analysis shall be performed in accordance
with applicable regulations contained in 40 CFR Part 136 and amendments
thereto. Where 40 CFR Part 136 does not include sampling or analytical
techniques for the pollutants in question, sampling and analysis shall
be performed using validated analytical methods approved by the administrator.
If an industrial user monitors any pollutant more frequently than
required by the Department using the procedures as prescribed in this
section, the results of this monitoring shall be included in such
report. The report shall state whether the applicable pretreatment
standards are being met on a consistent basis and, if not, what additional
operation and maintenance practices and/or pretreatment system improvements
or changes are necessary to bring the industrial user into compliance
with the applicable pretreatment standards.
e.Â
This report, and those required under Sec. 64-264(c)(5) and
Sec. 64-266(e)(8)b and c of this Code, shall include the following
certification statement: "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 a fine and/or imprisonment for knowing violations." Said certification
shall be signed by the facility's authorized representative, as defined
Sec. 64-263(a) of this Code. If an authorization is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility, or overall responsibility for
environmental matters for the company, a new authorization satisfying
the requirements of the "authorized representative" definition must
be submitted to the Department prior to, or together with, any reports
to be signed by an authorized representative.
f.Â
If sampling performed by a permittee indicates a violation,
the user shall notify the Department within 24 hours of the time said
user becomes, or should have become, aware of the violation. In addition,
the user shall repeat the sampling and analysis, and submit the results
of the repeat analysis to the Department within 30 days after said
user becomes, or should have become, aware of the violation.
(9)Â
In the event the Director determines that an industrial user
is discharging substances in quality, quantity or at locations which
may cause problems to the POTW, or the receiving stream, the Department
has the authority to develop and enforce effluent limits applicable
to the user. To the extent the Department seeks to impose restrictions
in a permit which are more restrictive than established in this article,
the Department shall provide written documentation to explain the
greater restriction for protection against pass-through, interference,
or violation of the NPDES permit;
(10)Â
Requirement for pollution prevention initiatives; and
(11)Â
Other requirements reasonably necessary to ensure compliance
with this article.
(f)Â
Permit duration. Permits shall be issued for a specified time period.
Except as deemed necessary by the Department, or as otherwise provided
for under this article, permits shall be issued for a specified period
of not more than five years nor less than one year. The existing permit
for significant industrial users who timely submit an application
for permit reissuance to the Department shall be automatically extended
until a permit is issued as final.
(g)Â
Permit modification.
(1)Â
The terms and conditions of the permit may be subject to modification
by the Department during the term of the permit as limitations or
pretreatment standards and requirements identified in Sec. 64-264
of this Code are amended, or other just cause exists. Just cause for
a permit modification includes, but shall not be limited to, the following:
a.Â
Material or substantial changes to an industrial user's facility
or operation, or changes in the characteristics of the industrial
user's effluent. It shall be the industrial user's duty to request
an application form and apply for a modification of the permit within
30 calendar days of the change;
b.Â
Change(s) in the Department's NPDES permit;
c.Â
Embodiment of the provisions of a legal settlement or of a court
order;
d.Â
Any changes necessary to fulfill the Department's role as control
authority;
e.Â
An industrial user's noncompliance with portions of an existing
permit;
f.Â
A change of conditions within the POTW;
g.Â
A finding of interference or pass-through attributable to the
industrial user;
h.Â
Amendments to, or promulgation of, National Categorical Pretreatment
Standards or requirements, including 40 CFR Part 403 and those delineated
in Appendix A of this article.[1] Permittees shall request an application form and apply
to the Department for a modified permit within 90 days after the promulgation
of a new or revised National Categorical Pretreatment Standard to
which the industrial user shall be subject. Information submitted
pursuant to this subsection shall be confined to that information
related to the newly promulgated or amended National Categorical Pretreatment
Standard or requirement. However, information previously submitted
need not be duplicated, insofar as the previously submitted information
continues to be current and applicable. In addition, the Department
may initiate this action;
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
i.Â
Changes in the monitoring location. (See Sec. 64-272 of this
Code);
j.Â
Typographical errors or omissions in permits;
k.Â
The Department may modify the permit on its own initiative based
on its findings or reasonable belief of the above; or
l.Â
The user may request a modification of the permit.
(2)Â
When initiated by the Department, the industrial user shall
be informed of any proposed change in its permit. The Department will
issue a draft permit, and an industrial user has 30 days to file a
response to the draft modified permit. Thereafter, the Department
will issue a final permit and, unless appealed in accordance with
the procedures contained in Sec. 64-272 of this Code, the permit will
become effective 20 days after issuance.
(h)Â
Permit custody and transfer. Wastewater discharge permits are issued
to a specific person as defined herein for a specific discharge. A
wastewater discharge permit shall not be reassigned or transferred
or sold to a different person, new owner, new industrial user, different
premises, or a new or changed operation without notice to and written
approval of the Department, and providing a copy of the existing permit
to the new owner or operator. It shall be the permit holder's duty
to notify the Department of any such change at least 30 days before
the date of the change. Wastewater discharge permits, which do not
receive the written approval of the Department prior to the change,
shall be null and void regardless of reassignment, or transfer, or
sale. If it has occurred, the Department may revoke a permit. If a
change takes place, the Department may require the application for
a new or modified permit. Any succeeding person shall comply with
the terms and conditions of any existing permit which the Department
allows to be retained.
(i)Â
Permit notification requirements. All industrial users shall promptly
notify the Department in advance of any substantial change in the
volume or character of pollutants in their discharge, including the
listed or characteristic hazardous waste for which initial notification
under 40 CFR 403.12(p) has been made, request a permit application
form, and apply for a modification of the permit at least 30 calendar
days prior to the change. Failure of the industrial user to so apply
shall be considered a violation of this article.
(a)Â
Significant industrial users shall provide, operate and maintain
at their own expense a sampling manhole or special structure to facilitate
monitoring, inspection, sampling, and flow measurement of their discharge
by the Department and the industrial user, and to enable the Department
to conduct such other monitoring and sampling as required for determining
compliance with discharge requirements, limits and standards as provided
for in this article. In the event the Department determines that the
monitoring facility identified in the permit application is inadequate,
a new monitoring facility must be identified or provided, which shall
allow for collection of a representative sample of the wastewater
discharged from the facility. Unless otherwise determined at the discretion
of the Department, said facility shall be provided within 90 days
of receipt of notification by the Department. The industrial user
shall provide the Department with:
(1)Â
A drawing showing all sewer connections and sampling manholes
by the size, location, elevation, and points or places of discharges
into the POTW;
(2)Â
A flow schematic showing: i) which connections receive each
national categorical process wastestream, ii) which connections receive
stormwater, sanitary water or cooling water, and iii) which lines
handle each combined wastestream. This report shall be certified by
a professional engineer. If a significant industrial user fails to
install the monitoring facilities within the prescribed time limits,
then the Department may install such structure or device, and the
significant user shall reimburse the Department for any costs incurred
therein.
(b)Â
The sampling manhole should be situated on the industrial user's
premises in a location readily accessible to the Department. When
such a location would be impractical or cause undue hardship to the
industrial user, the Department may allow the facility to be constructed
in the public street or sidewalk area when there is room and the location
will not be obstructed by landscaping or parked vehicles. It shall
be the responsibility of the industrial user to obtain any necessary
approvals which may be required from other government agencies for
the location and construction of monitoring facilities. There shall
be ample room in or near such sampling or monitoring manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility and any permanently installed sampling and measuring
equipment shall be maintained at all times in a safe and proper operating
condition at the expense of the industrial user. Whether constructed
upon public or private property, the sampling and monitoring facilities
shall be provided in accordance with the Department's requirements
and all applicable local construction standards and specifications.
[See Sec. 64-266(g).]
(a)Â
For purposes of administering and enforcing this article, any other
applicable provisions of this Code or applicable state or federal
laws and regulations, the Department may inspect the establishment,
facility or other premises of the industrial user. The Department's
employees or authorized representative shall have access to the industrial
user's premises for purposes of inspection, sampling, compliance monitoring
and/or metering activities.
(b)Â
Each such inspection or sampling activity shall be commenced and
completed at reasonable times, and in a reasonable manner. Upon arrival
at the industrial user's premises, the Department shall inform the
industrial user, or the industrial user's employees, that sampling
and/or inspection is commencing, and that the facility's authorized
representative has the right to observe the inspection and/or sampling.
The Department shall neither refrain from, nor be prevented or delayed
from, carrying out its inspection or sampling duties due to the unavailability
of the authorized representative of the facility to observe or participate
in the inspection or sampling activity.
(c)Â
While performing work on private property, employees or authorized representatives of the Department shall observe all reasonable safety, security and other reasonable rules applicable to the premises as established by the industrial user. Duly authorized employees or representatives of the Department shall bear proper credentials and identification, and at the industrial user's option may be accompanied by a duly authorized representative of the industrial user. Duly authorized Department representatives shall not be restricted from viewing any of the facility site. Department employees or representatives may take photographs of facilities subject to this article, which shall be maintained by the Department as confidential in accordance with Sec. 64-269 of this Code.
(d)Â
Where an industrial user has security measures in force, the industrial
user shall make prompt and necessary arrangements with the security
personnel so that, upon presentation of appropriate credentials, personnel
from the Department will be permitted to enter for the purposes of
performing their specific responsibilities.
(e)Â
Significant industrial users shall sample and analyze their discharge
in accordance with the provisions of their permit. The Department
may require such samples to be split with the Department for the Department's
independent analysis.
(f)Â
Industrial users shall maintain records of all information from monitoring
activities required by this article, or by 40 CFR 403.12(n). Industrial
users shall maintain the records for no less than three years. This
period of record retention shall be extended during the course of
any unresolved litigation regarding the discharge of pollutants by
the industrial user, or the operation of the City of Detroit's Industrial
Waste Program, or when requested by the Department, by the state,
or by the EPA.
(g)Â
Upon the request of the Department, industrial users shall furnish
information and records relating to discharges into the POTW. Industrial
users shall make such records readily accessible to the Department
at all reasonable times, and allow the Department to copy such records.
(h)Â
In the event the Department obtains samples, and analyses are made
of such samples, a copy of the results of such analyses shall be promptly
furnished upon written request by the industrial user's authorized
representative. When requested by the industrial user, the Department
employee or representative shall leave with the user a portion of
any sample of the user's discharge taken from any sampling point on
or adjacent to the premises for the user's independent analysis. In
cases of disputes arising over shared samples, the portion taken and
analyzed by the Department shall be controlling unless proven invalid.
(i)Â
In addition to any other violation caused by the discharge described
herein, in the event a single grab sample of the industrial user's
discharge is obtained by the Department, and then analyzed in accordance
with 40 CFR Part 136, and found to contain concentrations of pollutants
which are two or more times greater than the numeric limitations as
listed in Sec. 64-264(b) of this Code, or as contained in the facility's
wastewater discharge permit, the industrial user shall implement its
slug control plan and shall provide a written report to the Department
within 14 days which describes the cause of greater concentration
and provides a description of the means by which future discharge
concentrations will be held to values of less than two times the limitation
in the future.
(a)Â
Information and data on an industrial user obtained from written
reports, questionnaires, permit applications, permits and monitoring
programs, and from inspections, shall be available to the public or
other governmental agencies without restriction unless the industrial
user specifically requests and is able to demonstrate to the satisfaction
of the Department that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the industrial user.
(1)Â
When submitted to the Department, all information claimed to
be confidential must be clearly marked "confidential." When requested
by the person furnishing the report, the portions of a report determined
by the Department to disclose trade secrets or trade secret processes,
and which are clearly labeled as confidential, shall not be made available
for inspection by the public, but shall be made available upon request
to governmental agencies for uses related to this article, to the
National Pollutant Discharge Elimination System (NPDES) permit, and
to the State Disposal System permit and/or the pretreatment programs;
provided, however, that information shall be treated as confidential
by the governmental agency, until such time as the information has
been determined to be nonconfidential by the governmental agency.
Confidential information on industrial users, which the Department
releases pursuant to a request of another governmental agency, should
be handled by the other governmental agency pursuant to its own confidentiality
procedures. The Department cannot control how another governmental
agency handles such confidential information, and assumes no responsibility
for the disposition of the information released to the governmental
agency. The Department will use sufficient care to inform the other
governmental agency of the existence of the industrial user's confidentiality
claim.
(2)Â
The Department shall determine whether the information requested
to be treated as confidential in fact satisfies the requirements of
confidential information as defined herein. The decision of the Department
shall be made in writing.
(3)Â
Wastewater constituents and characteristics will not be recognized
as confidential information.
(b)Â
Except as otherwise determined by the Department or provided for
by applicable law, all information with respect to an industrial user
on file with the City shall be made available upon request by such
user or the user's authorized representative during normal business
hours.
The National Categorical Pretreatment Standards defined in 40
CFR Chapter I, Subchapter N, Parts 405 through 471, shall be and are
incorporated by reference herein and made a part hereof. Unless otherwise
provided, any reference in this article to a code, standard, rule,
regulation, or law enacted, adopted, established, or promulgated by
any private organization, or by any element or organization of government
other than the Township, shall be construed to apply to such code,
standard, rule, regulation, or law in effect, or as amended or promulgated,
from the date of enactment of this article.
(a)Â
Violations. It shall be a violation of this article for any user
to:
(1)Â
Fail to completely and/or accurately report the wastewater constituents
and/or characteristics of the industrial user's discharge;
(2)Â
Fail to report significant changes in the industrial user's
operations or wastewater constituents and/or characteristics within
the time frames provided in Sec. 64-266(g)(1)a of this Code;
(3)Â
Refuse reasonable access to the industrial user's premises,
waste discharge, or sample location for the purpose of inspection
or monitoring;
(4)Â
Restrict, lock out or prevent, directly or indirectly, access
to any monitoring facilities constructed on public or private property.
The locking or securing of the monitoring facility shall not constitute
a violation pursuant to this subsection, provided that upon request
reasonable access to the facility is promptly provided to the Department;
(5)Â
Restrict, interfere, tamper with, or render inaccurate any of
the Department's monitoring devices, including, but not limited to,
samplers;
(6)Â
Fail to comply with any condition or requirement of the industrial
user's wastewater discharge permit;
(7)Â
Fail to comply with any limitation, prohibition, or requirement
of this article, including any rule, regulation, or order issued hereunder.
Industrial users acting in full compliance with wastewater discharge
permits issued prior to the effective date of this article shall be
deemed to be in compliance with the requirements of this article,
and such permits shall remain in effect and be enforceable under this
article until a superseding permit is effective. Industrial users
shall comply with applicable National Categorical Pretreatment Standards
and requirements on the date specified in the federal regulations,
regardless of compliance schedules.
(b)Â
Upsets. An upset shall constitute an affirmative defense to an action
brought for noncompliance with National Categorical Pretreatment Standards
where the requirements of Subsection (b)(1) of this section are met.
(1)Â
An industrial user who wishes to establish the affirmative defense
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence, that:
a.Â
An upset occurred and the industrial user can identify the cause(s)
of the upset;
b.Â
At the time, the facility was being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
c.Â
The industrial user has submitted the following information
to the Department, orally or in writing, within 24 hours of becoming
aware of the upset, and where this information is provided orally,
a written submission must be provided within five days:
1.Â
A description of the discharge and cause of noncompliance;
2.Â
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
3.Â
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(2)Â
In any enforcement proceeding, the industrial user seeking to
establish the occurrence of an upset shall have the burden of proof;
(3)Â
The industrial user shall control production of all discharges
to the extent necessary to maintain compliance with this article 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 or lost,
or fails.
(c)Â
Bypass. Bypasses are prohibited unless the bypass does not cause
a violation of pretreatment standards or requirements, but only if
it is for essential maintenance to ensure efficient operation of the
treatment system. These bypasses are not subject to the provisions
of Subsection (c)(1) and (2) of this section.
(1)Â
Notice of anticipated bypass. Industrial users anticipating
a bypass shall submit notice to the Department at least 10 days in
advance.
(2)Â
Notice of unanticipated bypass. An industrial user shall submit
oral notice of an unanticipated bypass that exceeds applicable pretreatment
standards within 24 hours from the time the industrial user becomes
or should have become aware of the bypass. A written submission shall
be provided within five days of the time the industrial user becomes
or should have become aware of the bypass. The written submission
shall contain a description of the bypass, including exact dates and
times, and if the bypass has not been corrected, the anticipated time
it is expected to continue, and steps taken or planned to reduce,
eliminate and prevent reoccurrence of the bypass.
(3)Â
Prohibition of bypass and enforcement. Bypass is prohibited,
and the Department may take enforcement action against a user for
a bypass, unless:
a.Â
The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
b.Â
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated waste,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
c.Â
The industrial user properly notified the Department as described
in Subsection (c)(2) of this section.
(4)Â
Bypass approval. Where it meets all conditions in Subsection
(c)(3) of this section, the Department may approve an anticipated
bypass.
(d)Â
Where one or more of the measurements taken for any pollutant defined
in Sec. 64-264(b) of this Code during a six-month period exceed by
any magnitude the daily maximum nondetect limit for the same parameter,
the industrial user may develop and implement pollution prevention
initiatives, or a BMP, as part of its response. The Department may,
as part of an administrative order, also require development of a
BMP as a part of the Department's enforcement response. Upon approval
of the Department, these pollution prevention initiatives, or BMPs,
shall be made an enforceable part of the wastewater discharge permit.
Industrial users shall provide, at six-month intervals, analytical
results and certifications in support of their implementation of an
approved pollution prevention initiative or BMPs. Upon demonstration
of compliance, the industrial user may request to be relieved of this
implementation requirement.
(e)Â
Emergency suspensions and orders. The Department may order suspension
of the sewer or wastewater treatment service and/or a wastewater discharge
permit where, in the opinion of the Department, such suspension is
necessary to stop any actual or threatened discharge which presents
or may present an imminent or significant hazard to the health or
welfare of persons or to the environment, interferes or may interfere
with the POTW, or causes or may cause the City of Detroit to violate
any condition of its NPDES permit. Any person notified of a suspension
of the sewer or wastewater treatment service and/or the wastewater
discharge permit shall immediately stop or eliminate the contribution.
In the event the Department provides informal notification under this
section, written confirmation and an order shall be provided within
24 hours. In the event of a failure of the person to comply voluntarily
with any suspension or revocation order, the Department shall take
such steps as deemed necessary, including immediate severance of the
sewer connection or services, to prevent or minimize damage to the
POTW system or danger to any individual or the environment. In the
event such steps are taken, the Director shall notify the industrial
user within 24 hours, in writing, of such action and order, and the
specific recourse available. In any event, the Department shall provide
the industrial user with an opportunity for a hearing before the Director,
or his designated representative, within 10 days of such action. The
industrial user shall submit a detailed written statement to the Department
within 15 days of the occurrence describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
Upon proof of elimination of the noncomplying discharge, the Department
shall reinstate the wastewater discharge permit and/or the sewer or
wastewater treatment service.
(f)Â
Notice of violation. Except in the case of an actual or threatened discharge, as specified in Subsection (e) of this section, whenever the Department has reason to believe that any industrial user has violated or is violating this article, the Department shall serve a written notice stating the nature of the violation upon such industrial user. Where applicable, the Department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the Department to issue a notice of violation shall not preclude the Department from escalating its enforcement response.
(g)Â
Administrative actions. Whenever the Department has reasonable grounds
to believe that a user is violating, or has violated, a provision
of its wastewater discharge permit, or a pretreatment standard or
requirement or any prohibition of this article, the Department may
initiate appropriate administrative enforcement action, except in
the case of emergency or flagrant violation, in order to compel the
industrial user to eliminate or to remedy such violation as soon as
possible.
(1)Â
Conferences; compliance schedules; administrative orders.
a.Â
Conferences. The Department may order any person who violates
this article to attend a conference wherein the Department may endeavor
to cause the user to eliminate or remedy the violation by establishing
an enforceable compliance schedule. The notice of violation shall
be served at least 10 days before the scheduled conference and shall
set forth the date, time, and place thereof. The conference shall
be conducted by a representative of the Department. The industrial
user shall present a plan and schedule for achieving compliance with
this article. Nothing contained herein shall require the Department
to accept or agree to any proposed plan or schedule, or to prevent
the Department from proceeding with a show cause hearing as set forth
in Subsection (g)(2) of this section. If the attendees agree upon
a compliance schedule, the user and the Department's duly authorized
representative may enter, by consent, into a compliance agreement
or an administrative order setting forth the terms of such agreement.
An industrial user must exhibit good faith and expeditious efforts
to comply with this article and any procedures, requirements, and
agreements hereunder.
b.Â
Compliance schedules. The user and the Department may agree
upon a schedule which sets forth the terms and conditions, and time
periods or schedules, for completion of actions to remedy or to eliminate
the causes of violation. These schedules may be developed as part
of a compliance agreement or an administrative consent order. Schedules
developed under this subsection shall adhere to the following conditions:
1.Â
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 upgraded or additional pretreatment
facilities, or to the implementation of additional operation and maintenance
procedures required for the industrial user to meet the applicable
pretreatment requirements and standards, including, but not limited
to, hiring an engineer, completing preliminary plans, completing final
plans, executing contracts for major components, commencing construction,
and completing construction;
2.Â
No single increment referred to in Subsection (g)(1)b1 of this
section shall exceed nine months;
3.Â
Not later than 14 days following each date in the schedule and
the final date for compliance, the industrial user shall submit a
progress report to the Department, including, at a minimum, whether
it complied with the increment of progress to be met on such date
and, if not, the date which it expects to comply with this increment
of progress, the reason(s) for delay, and the steps being taken by
the industrial user to return to the established schedule; and
4.Â
Any deviations from the compliance schedule may result in the
industrial user being found in violation of this article.
c.Â
Administrative orders. The Department may order any industrial
user who violates or continues to violate this article or a duly issued
permit to install and to properly operate devices, treatment facilities,
or other related appurtenances. In addition, orders may contain such
other requirements as might reasonably be necessary and appropriate
to address the violation, including the installation of pretreatment
technology, additional self-monitoring and management practices, implementation
of a waste minimization assessment to identify and implement feasible
source reduction, and recycling practices to reduce the generation
or release of pollutants at the facility. An order may be either an
administrative consent order, which is the result of an agreement,
or a unilateral administrative order.
(2)Â
Show cause hearing. The Department may order any industrial
user who violates this article or allows such violation to occur to
show cause before the Department why a proposed enforcement action
should not be taken. A notice shall be served upon the industrial
user specifying the time and place of a hearing before the Department
regarding the violation, the reason(s) why the action is to be taken,
the proposed enforcement action, and directing the industrial user
to show cause before the Department why any proposed enforcement action
should not be taken. The notice of the hearing shall be served personally,
or by registered or certified mail with return receipt requested,
at least 10 days before the hearing. Service may be made upon any
agent or officer of a corporation or its authorized representative.
a.Â
Hearing proceeding. The hearing shall be conducted in accordance
with the procedures adopted by the Board. A hearings officer shall
conduct the show cause hearing and take the evidence, and may:
1.Â
In the name of the Board, issue notices of hearing requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearing;
2.Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Director
for action thereon.
b.Â
Transcript. At any show cause hearing held pursuant to this
article, testimony shall be recorded by a court reporter.
(3)Â
Actions. After a show cause hearing has been conducted, the
hearings officer shall issue an order to the industrial user directing
any of the following actions:
a.Â
Immediate compliance with the industrial user's wastewater discharge
permit or with any applicable limitation, condition, restriction or
requirement of this article, or applicable local, state or federal
law or regulation;
b.Â
Pretreatment of waste by installation of adequate treatment
equipment or proper operation and maintenance of existing treatment
equipment be accomplished within a specified time period;
c.Â
Submission of compliance reports on effluent quality and quantity
as determined by self-monitoring and analysis during a specified time
period;
d.Â
Submission of periodic reports on effluent quality and quantity
determined by self-monitoring analysis throughout the final period
set by a compliance date;
e.Â
Control of discharge quantities;
f.Â
Payment of costs for reasonable and necessary inspection, monitoring,
and administration of the industrial user's activities by the Department
during compliance efforts; and/or
g.Â
Any such other orders as are appropriate, including, but not
limited to, immediate termination of sewer or wastewater treatment
services, or revocation of a wastewater discharge permit, or orders
directing that following a specified time period, sewer or wastewater
treatment service will be discontinued unless adequate treatment facilities,
devices, or operation and maintenance practices have been employed.
h.Â
A finding the user has demonstrated by a preponderance of the
evidence that a violation either of this article or of a duly issued
permit did not occur.
(4)Â
Public notification of significant noncompliance. The Department
shall publish in the largest daily newspaper published in the City
of Detroit a list of all industrial users which were in significant
noncompliance with applicable pretreatment requirements at any time
during the previous 12 months. All industrial users identified in
a proposed publication shall be provided with a copy of the proposed
notice at least 30 days before publication and allowed an opportunity
to comment as to its accuracy.
(h)Â
Legal actions.
(1)Â
Criminal action. Any user who violates any provision of this
article, including the failure to pay any fees, fines, charges or
surcharges imposed hereby, or any condition or limitation of a permit
issued pursuant thereto, or who knowingly makes any false statements,
representations or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or wastewater discharge permit, or who tampers with
or knowingly renders inaccurate any monitoring device required under
this article, is guilty of a misdemeanor and, upon conviction, shall
be punished by a fine not to exceed $500 for each violation per day,
or by imprisonment for not more than 90 days, or by both. The Department
is hereby authorized, through its counsel, to seek prosecution of
criminal charges against any person violating any provision of this
article.
(2)Â
Civil action. Whenever the Department has reasonable grounds
to believe that a user is violating, or has violated, a provision
of its wastewater discharge permit, a pretreatment standard or requirement
or any requirement of this article, the Director may commence a civil
action to compel compliance in a court of competent jurisdiction to
enjoin the user from discharging, and/or to obtain appropriate relief
to remedy the violations. The Department or Board may also seek additional
legal and/or equitable relief. The commencement of suit neither constitutes
an exclusive election of remedies nor prohibits the Department, Director,
Board, or City of Detroit from commencing action in federal court
for discharges believed to be in violation of this article, state
and federal requirements contained in the Clean Water Act, the City
of Detroit's NPDES permit, or other applicable laws or requirements.
In addition, the City of Detroit may recover the reasonable attorney
fees, court costs, court reporters' fees, and other unusual expenses
related to enforcement activities or litigation against the person
found to have violated this article, or the orders, rules, regulations
and permits issued hereunder.
(3)Â
All fines, costs, and penalties which are imposed by any court
of competent jurisdiction shall be payable to the City of Detroit
Water and Sewerage Department.
Through the procedures of reconsideration and appeal, a user
may contest actions, determinations, or decisions of the Department
which result from its construction, application and enforcement of
this article. The procedures contained within this section govern
reconsideration and appeal with respect to construction, application,
and enforcement of this article.
(a)Â
Selection of reconsideration or of appeal.
(1)Â
Except for those actions, determinations, or decisions which
are expressly identified as subject only to appeal, reconsideration
may be requested by any permit applicant, permittee, authorized industrial
wastewater discharger or other discharger who is adversely affected
by any action, determination, or decision that is made by or on behalf
of the Department by the Director, or an authorized representative,
and that interprets, implements or enforces the provisions of this
article.
(2)Â
An appeal may be requested by any permit applicant, permittee,
authorized industrial wastewater discharger or other discharger who
is adversely affected i) by a permit issued as final by the Department,
or ii) by an administrative order entered after a show cause order
and hearing, or after a hearing for reconsideration.
(3)Â
Unless otherwise expressly provided for by this article, a request
for reconsideration or appeal must be signed by an authorized representative,
and received at the Department's General Offices, within 20 days from
the date of the occurrence of the action, determination, or decision
in dispute. A request for reconsideration shall contain the requester's
name and address, a brief statement of the reason(s), and the factual
basis underlying the request.
(4)Â
A request for reconsideration shall be filed in triplicate either
by hand delivery or by certified mail to the General Offices of the
Department. Where a request for reconsideration or appeal either is
not filed within the time period provided for in this subsection or
is improperly made, the action, determination or decision of the Director,
or the Department's authorized representative, is final, and any right
to reconsideration appeal may be deemed waived.
(b)Â
Reconsideration. Within 15 days after receipt of a timely and proper
request for reconsideration, the Department shall notify the applicant
of the time and place for a hearing.
(1)Â
A hearing for reconsideration shall be conducted by a hearings
officer who is designated by the Director and may be an employee of
the Department. The decision of the hearings officer shall be in the
form of a recommendation to the Director and embodied in an administrative
order. Except for an administrative consent order that was negotiated
and agreed to by both parties, an administrative order is appealable
in accordance with Subsection (c) of this section.
(2)Â
Where improperly or untimely submitted, the Department may reject
a request for reconsideration. The Department shall notify the requester
in writing that the request has been rejected.
(3)Â
Unless the date is mutually extended by both parties, the hearing
shall be conducted neither less than 10 days nor more than 30 days
after mailing of the notice. For cause and at the discretion of the
hearings officer, the hearing may be continued for a reasonable time.
(4)Â
The hearing for reconsideration shall be an informal consultation
and conference where the requester, in person or by counsel, shall
present his or her argument, evidence, data, and proof in connection
with the issue(s) being reconsidered. The parties shall not be bound
by the Michigan Rules of Evidence. The hearing shall be transcribed,
and the requester may obtain a copy of the hearing transcript, as
appropriate, from the Department or from the court reporter.
(5)Â
Within 30 days after the close of the hearing, the hearings
officer shall issue a final decision, which shall contain a recommendation
to the Director. The hearings officer shall send such decision to
the requester by certified mail.
(6)Â
Unless such action is necessary to prevent pass-through, interference
or other harm to the POTW, to the public or to the waters of this
state, the filing of a request for reconsideration in accordance with
this section shall stay the action by the Department that is the subject
of the hearing for reconsideration.
(c)Â
Appeal. Within 30 days after receipt of a timely and proper request
for an appeal, the Department shall notify the applicant in writing
regarding the time and place for a hearing. The hearing shall be conducted
in accordance with procedures set by the Board until rules are promulgated
pursuant to Section 2-111 of the 1997 Detroit City Charter. In addition:
(1)Â
Any request for an appeal must be made within 20 days of the
Department's action, determination or decision regarding the request
for reconsideration or any permit issued in accordance with this article.
(2)Â
Where a request either is not filed within the time period contained
in this subsection or is improperly made, the action, determination
or decision of the Director, or the Department's authorized representative,
is final, and any right to appeal may be deemed waived. Where untimely
or improperly submitted, the Department may reject the request for
an appeal and shall notify the requester in writing that such request
has been rejected.
(3)Â
The Department shall appoint a hearings officer. The hearings
officer shall review the evidence, and within 15 days after the close
of the hearing shall issue a written recommendation to uphold, modify
or reverse the action, determination, or decision of the Department.
(4)Â
The written recommendation of the hearings officer shall be
submitted to the Board, which shall render a final decision within
30 days of its next regularly scheduled meeting.
(5)Â
In accordance with applicable law, the user or the Department
may appeal any final decision of the Board to a court of competent
jurisdiction.
(6)Â
Unless such action is necessary to prevent pass-through, interference,
or other harm to the POTW, to the public or to the waters of this
state, the filing of a request for appeal in accordance with this
section shall stay the action by the Department that is the subject
of the appeal.