City of Coldwater, MI
Branch County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Coldwater 1-12-2015 by Ord. No. 783.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewer Department — See Ch. 246.
Rules, regulations and rates for public utilities — See Ch. 1042.
[1]
Editor's Note: This ordinance repealed former Ch. 1042, Sewers, adopted 12-10-1984 by Ord. No. 409 and 11-27-1989 by Ord. No. 442, and re-enacted in its entirety 6-22-1992 by Ord. No. 472.
(a) 
Purpose. The purpose of this chapter is to establish standards, rules, and regulations with respect to the use of the POTW and to prevent pollution of the environment.
(b) 
Scope. This chapter shall apply to the City of Coldwater. Any other municipality, drainage district, or other political subdivision of the state that discharges into the POTW which has the power to enact ordinances shall adopt an ordinance which is substantially similar to this chapter and which is approved by the City as being sufficiently similar. This chapter provides for the regulation of discharges into the POTW through the issuance of use permits to significant nondomestic users, through monitoring and enforcement activities, and through required discharger reporting.
For the purposes of this chapter, the following words and phrases shall have the meanings described in this section, unless the context in which they are used specifically indicates otherwise.
ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and all rules promulgated thereunder.
BIOCHEMICAL OXYGEN DEMAND
The quantity of oxygen utilized in the biochemical oxidation of organic matter and biologically oxidizable inorganic matter under standard laboratory procedures for five days, at 20° C., expressed in milligrams per liter concentration, using U.S. EPA test method no. 405.1.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the discharge prohibitions in this chapter. BMPs also 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.
BYPASS
The intentional diversion of waste streams away from any portion of a user's treatment facility.
CATEGORICAL PRETREATMENT STANDARDS (CPS)
Pollutant limits for discharges to POTWs, promulgated by U.S. EPA in 40 CFR Chapter I, Subchapter N, Parts 405 et seq., in accordance with § 307(b) and (c) of the Act, which are applicable to a nondomestic user which engages in a category or categories of industry that are subject to regulations in 40 CFR Parts 405 through 471.
CBPU
The Coldwater Board of Public Utilities.
CFR
The Code of Federal Regulations.
CITY
The City of Coldwater, Michigan, a municipal corporation.
CODE
The Code of the City of Coldwater.
COLLECTION SYSTEM
All of the sanitary sewers, lift stations, pumps, and other equipment of the CBPU and of a municipality, drainage district, or other political subdivision of the state which has a contract with the CBPU for discharge to the POTW treatment plant which are primarily installed to receive wastewater and pollutants directly from users for transmission to the POTW treatment plant.
CONSTRUCTION
Any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises, if such equipment will in any way actually or potentially affect the quality or quantity of discharges or the measurement or analysis of a discharge.
COOLING WATER
The water discharged from any use in which the only pollutant added is heat and which shall be considered noncontact cooling water. Water discharged from any use in which heat and other pollutants have been added shall be considered as contact cooling water.
DAILY CONCENTRATION
The sum of all concentration measurements for any twenty-four-hour period divided by the number of such measurements.
DIRECTOR
The Director of the Board of Public Utilities of the City, or his or her authorized representative. For purposes of this definition, an authorized representative is a person whom the Director of the Board of Public Utilities of the City has authorized in writing to perform actions that the Director is authorized to perform under this chapter.
DISCHARGE
The introduction (including infiltration) of pollutants into the POTW which is either intentional or unintentional.
FLASHPOINT
The minimum temperature at which vapor combustion will spread away from its source of ignition.
GARBAGE
Solid wastes from domestic or commercial preparation, cooking or dispensing of food, and from the handling, storage, or sale of produce.
GRAB SAMPLE
A sample which is taken from a discharge with no regard to the flow which is collected over a period of time not exceeding 15 minutes.
GROUNDWATER
Water which is pumped or otherwise captured from the ground and which is not used in a process. Mere treatment of groundwater is not use in a process.
HAZARDOUS SUBSTANCE
Any substance as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994,[1] as amended, or the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.
HEXANE-EXTRACTABLE MATERIAL
Any material, such as fat, oil, or grease, which is recoverable from wastewater by extraction with N-hexane, using EPA Test Method 1664, Revision A, and as defined therein.
INSTANTANEOUS CONCENTRATION
The concentration in any grab sample.
INTERCEPTOR
A structure or device designed for removing floating or suspended hexane-extractable material and other viscous or dense substances from wastewater, by physical separation, prior to discharging the wastewater into the POTW.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and ii) therefore is a cause of a violation of any requirement of the NPDES permit for the POTW, the Act, or State Act (including an increase in the magnitude or duration of a 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 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 SWDA)] the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING
The daily maximum mass of a pollutant, in pounds per day, which may be allowed by the CBPU to be discharged to the POTW by the aggregate of all nondomestic users.
MDEQ
The Michigan Department of Environmental Quality or its successor.
mg/L
Milligrams per liter.
NEW SOURCE
Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge at an existing source; or
(c) 
The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these processes are substantially independent, the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered.
(d) 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (b) or (c) but otherwise alters, replaces, or adds to existing process or production equipment.
(e) 
Construction of a new source has commenced if the owner or operator has:
(1) 
Begun, or caused to begin, as part of a continuous on-site construction program:
A. 
Any placement, assembly, or installation of facilities or equipment;
B. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
C. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase; contracts which can be terminated or modified without substantial loss; and contracts for feasibility, engineering; and design studies do not constitute a contractual obligation under this subsection.
NONDOMESTIC USER
A user that discharges pollutants other than, or in addition to, sanitary sewage, but not including a user that is a municipality, drainage district, or other political subdivision of the state that only discharges from its own collection system to the CBPU's collection system.
NPDES PERMIT
A permit issued pursuant to the National Pollutant Discharge Elimination System to regulate the discharge of wastewater into the surface waters of the state.
PASS-THROUGH
A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the Act or State Act.
PERSON
Any individual, firm, municipality, company, association, society, corporation, partnership, group, or other legal entity, including their officers and employees who have responsibility for or actual involvement in the matters regulated by this chapter.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
POLLUTANT
Any material which is discharged to the POTW or is proposed for discharge to the POTW. The term also includes properties of such materials such as pH and heat.
POTW
Publicly owned treatment works, as defined by § 212 of the Act, which are owned by the CBPU and the collection system. The term also means the CBPU or the Director. This term includes any devices, processes, and systems used by or for the CBPU in the storage, treatment, recycling, or reclamation of wastewater or sludge from the treatment works or the collection system.
POTW TREATMENT PLANT
The POTW exclusive of the collection system.
PREMISES
A lot or parcel of land, generally, or each lot or parcel of land, or building, having any connection, direct or indirect, to the POTW, as the context of the word within this chapter dictates.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except for the use of dilution, unless expressly authorized by an applicable pretreatment standard or requirement.
SANITARY SEWAGE
Wastewater or pollutants from toilet, kitchen, laundry, bathing, or other facilities all of which are used for household or residential purposes or for domestic purposes at a nonresidential location.
SEVERE PROPERTY DAMAGE
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 or loss of production.
SEWER
A pipe or conduit for carrying wastewater, stormwater, surface runoff, or groundwater.
SIGNIFICANT NONDOMESTIC USER
Any nondomestic user of the POTW that:
(a) 
Has a discharge to the POTW of 25,000 gallons or more per day based on the average per day for all days of discharge in the calendar year, excluding sanitary sewage, noncontact cooling water, and boiler blowdown wastewater;
(b) 
Discharges or has a reasonable potential to discharge any toxic pollutant as defined pursuant to § 307 of the Act, unless the actual or potential effect on the POTW is determined by the Director to be insignificant;
(c) 
Is found by the Director to have a reasonable potential for adversely affecting the POTW, or for violating any limit, discharge prohibition, pretreatment standard or requirement;
(d) 
Is subject to a CPS; or
(e) 
Discharges wastewater, other than sanitary sewage, noncontact cooling water, and boiler blowdown wastewater, which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW.
SLUDGE
Solids or other residue, either of which are separated from wastewater and generated by any treatment process, or solids or other residue directly separated from a production process.
SLUG DISCHARGE
A discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates this chapter.
SOURCE
Any building, structure, facility, vehicle, or installation from which there is or may be a discharge to the POTW.
STATE ACT
Part 31, Water Resources Protection, of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994,[2] as amended, and all rules promulgated thereunder.
STATE DIRECTOR
The director of the Michigan Department of Environmental Quality (and its successor agencies) and any person delegated to act for such director in water pollution control matters.
TOTAL SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which can be removed or recovered by standard laboratory filtering, using U.S. EPA Method No. 106.2.
ug/L
Micrograms per liter.
UPSET
An exceptional incident in which there is unintentional and temporary noncompliance with CPS or other limits applicable to the user because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
U.S. EPA
The United States Environmental Protection Agency or its successor.
USER
A person who discharges into the POTW and a municipality or drainage district whose collection system discharges into the POTW.
WASTEWATER
Water discharged to the POTW by a user which may or may not contain other pollutants. This term does not include stormwater, surface runoff, or noncontaminated groundwater and noncontact cooling water.
[1]
Editor's Note: See MCLA § 324.20101 et seq.
[2]
Editor's Note: See MCLA § 324.101 et seq.
(a) 
Management of the POTW. The POTW shall be and remain under the management, supervision, and control of the CBPU. The CBPU may employ a Director to administer the POTW and may employ such others as the CBPU deems advisable to carry out the management and operation of the POTW. The CBPU may make such rules, orders, or regulations as deemed advisable and necessary to assure the management and operation of the POTW, including the establishment of local limits by rule, and the establishment of special alternative limits for a user by action of the Director.
(b) 
Standards, rules, and regulations. The standards, rules, and regulations established in or pursuant to this chapter are for the preservation of and furtherance of the public health, safety and welfare, and to fulfill the obligations of the CBPU with respect to state and federal law and all rules and regulations adopted pursuant thereto.
(a) 
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner, upon public or private property within the City or in any area under its jurisdiction, any human or animal excrement, garbage or other objectionable waste.
(b) 
It shall be unlawful to discharge to any natural outlet or storm drain, within the City or in any area under the jurisdiction of said City, any sanitary sewage, industrial wastes, wastewater or polluted water, except where suitable treatment has been provided and applicable permits obtained and complied with in accordance with federal, state and local laws and regulations.
(c) 
Except as hereinafter provided, it shall be unlawful to construct, use, or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(d) 
The owner of any structure or property used for human occupancy, employment, recreation or other purpose, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the CBPU, is hereby required, at his or her expense, to install suitable sewage facilities therein and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this chapter, within 90 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.
(a) 
Where a public sanitary sewer is not available under the provisions of § 1042.04(d), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(b) 
Before the commencement of the construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Branch-Hillsdale District Health Department and countersigned by the City Manager. The application for such a permit shall be made on a form furnished by the Branch-Hillsdale District Health Department, which the applicant shall supplement with any plans, specifications, and other information as are deemed necessary by the Branch-Hillsdale District Health Department.
(c) 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Branch-Hillsdale District Health Department. The District Health Department shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Branch-Hillsdale District Health Department when the work is ready for final inspection, and before any underground portions are covered in accordance with the Environmental Health Ordinance of Branch County.
(d) 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Branch-Hillsdale District Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 12,000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
(e) 
Within one year of such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 1042.05(a) and (h), a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(f) 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City or the CBPU.
(g) 
No statement contained in the section shall be construed to interfere with any additional requirements that may be imposed by the Branch-Hillsdale District Health Department.
(h) 
When a public sewer becomes available, the building sewer shall be connected to said sewer within 360 days, and the private sewage disposal system shall be cleaned of a sludge and filled with clean bank-run gravel or dirt.
(a) 
No unauthorized person shall uncover, make any connections with or opening into, nor use, alter or disturb, any public sewer or appurtenance thereof without first obtaining a written permit from the CBPU.
(b) 
The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the CBPU. A permit and inspection fee for a residential or commercial building sewer permit, and for an industrial building sewer permit, shall be paid to the CBPU at the time the application is filed. Such inspection fee shall be set by the CBPU from time to time.
(c) 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the CBPU from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(d) 
A separate and independent sewer shall be provided for every building, except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In this instance, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(e) 
Old building sewers may be used in connection with new buildings only when they are found, on examination, to meet all the requirements of this chapter.
(f) 
The size, slope, alignment, and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Codes of the City or other applicable rules and regulations of the state and the City.
(g) 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(h) 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(i) 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes of the City or other applicable rules and regulations of the CBPU. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedure and material must be approved by the CBPU before installation.
(j) 
The applicant for the building sewer permit shall notify the CBPU when the building sewer is ready for inspection and connection to the public sewer.
(k) 
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the CBPU.
(l) 
The building sewer shall be constructed of either vitrified clay sewer pipe and fittings meeting the current ASTM specifications for standard or extra-strength clay sewer pipe, asbestos cement meeting the current ASTM specification, extra-heavy cast iron soil pipe meeting the current ASTM specifications or the Department of Commerce commercial standards for extra-heavy cast iron soil pipe and fittings or concrete sewer pipe and fittings meeting the current ASTM specifications for standard or extra-strength concrete sewer pipe. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that vitrified clay pipe or asbestos cement or concrete pipe may be accepted if laid on a suitable improved bed or cradle as approved by the Inspector. All joint and connections shall be made gastight and watertight. Vitrified clay sewer pipe shall be fitted with factory-made resilient compression joints meeting the current ASTM specifications for "Vitrified Clay Pipe Joints Having Resilient Properties" (Designation C425). Asbestos cement or concrete sewer pipe joints shall be of the rubber rung, flexible compression type, similar and equal to joint specified for vitrified clay pipe. The joints and connections shall conform to the manufacturer's recommendations.
(a) 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, water from footing drains or roof water to any sanitary sewer or sewer connection, except as otherwise provided in this chapter. Any premises connected to a storm sewer shall comply with county, state and federal requirements, as well as those of the City and CBPU.
(b) 
Stormwater, groundwater, water from footing drains and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet, except as otherwise provided in this chapter. Industrial noncontact cooling water or unpolluted process waters may be discharged, upon approval of the appropriate state agency, to a storm sewer or natural outlet.
(c) 
Grease, oil, and sand interceptors shall be provided when liquid wastes contain grease in excessive amounts, or other harmful ingredients, except that such interceptors shall not be required for single-family or multiple-family dwelling units. All interceptors shall be of a type and capacity approved by the CBPU, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted into place, shall be gastight and watertight. When installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.
(a) 
Discharge prohibitions. The provisions in this section are intended to:
(1) 
Prohibit the discharge to the POTW of wastewater which may cause pass-through or interference or which could have detrimental effects on the physical structures or operating personnel of the POTW, or on the general public or the environment, and
(2) 
Restrict the discharge to the POTW of stormwater, groundwater, and noncontact cooling water.
(b) 
Prohibited discharges. No user shall discharge, cause to be discharged, or allow to be discharged into the POTW any of the following:
(1) 
Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, pollutants or wastewater with a closed cup flashpoint of less than 140° F. (60° C.), using the test method specified in 40 CFR § 261.21.
(2) 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute or chronic health and safety problems for workers or exceed any applicable occupational health or safety standard.
(3) 
Pollutants which will cause corrosive structural damage to the POTW.
(4) 
Solid or viscous pollutants in amounts which may or do obstruct flow or cause interference in the POTW.
(5) 
Wastewater having an instantaneous pH less than 5.5 or greater than 10.0.
(6) 
Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration which will cause interference in the POTW.
(7) 
Pollutants which cause:
A. 
Restriction of hydraulic capacity of structures or flow in the POTW;
B. 
Unsafe conditions to personnel in the operation, inspection, or maintenance of the POTW or unsafe conditions to the general public, with respect to the collection system;
C. 
Exceptional or unreasonably burdensome effort, attention, or expense in the operation or maintenance of the POTW; or
D. 
Heat in amounts which will inhibit biological activity in the POTW, resulting in interference, but in no case heat such that it causes the influent at the POTW treatment plant to exceed 104° F. (40° C.).
(8) 
Pollutants which cause pass-through or interference.
(9) 
Any pollutants which exceed, for that user, the limitations set forth in a CPS, as adjusted under the combined waste stream formula in Michigan Rule R 323.2311(7), which may be expressed as concentration limits, mass limits, or both, as provided in Michigan Rule R 323.2311(5). A CPS shall be adjusted if 40 CFR 403.15 applies and the criteria of 40 CFR 403.15(b) are met (net/gross calculation).
(10) 
Any liquids, gases, or solids which either singly or by interaction with other substances may or do create a public nuisance.
(11) 
Any pollutant introducing colors not removed in the POTW treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
(12) 
Any unpolluted water, noncontact cooling water, stormwater, groundwater or surface water, unless the Director gives written permission to the user for the discharge of such waters based on available hydraulic capacity and potential impacts on the POTW treatment capability. The scope and duration of the discharge of such waters shall be determined at the sole discretion of the Director.
(13) 
Any radioactive wastes in harmful quantities as such quantities are defined by applicable state and federal regulations.
(14) 
Any grease or other pollutants that will become solid or viscous at a temperature of 140° F. (60° C.) or below after being discharged into the POTW.
(15) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
(16) 
Nonpolar fats, oil and grease in excess of a daily maximum concentration of 100 mg/l based on a single grab sample.
(17) 
Total fats, oil and grease in excess of a daily maximum concentration of 175 mg/l based on a single grab sample.
(18) 
Hazardous substances that were not listed or disclosed in the user's application for a use permit that:
A. 
May or do cause or contribute to a violation of state or federal water quality standards in the receiving waters to which the POTW discharges; or
B. 
Result in or contribute to a liability of the CBPU under Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (CERCLA). Nothing in this subsection determines the percentage share or allocation share amount of a user's Part 201 or CERCLA liability.
(19) 
Hazardous substances in quantities exceeding the numerical limit in a user's use permit which:
A. 
Cause or contribute to a violation of state or federal water quality standards in the receiving waters to which the POTW discharges; or
B. 
Result in or contribute to a liability of the CBPU under Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended, or the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (CERCLA). Nothing in this subsection determines the percentage share or allocation share amount of a user's Part 201 or CERCLA liability.
(20) 
Sludge, unless the Director has determined that it is amenable to treatment by the POTW and does not otherwise violate any discharge prohibition.
(c) 
Pollutant concentration limits.
(1) 
Discharges made by nondomestic users having concentrations of specific pollutants greater than the pollutant concentration limits described in Table 1 in Appendix A at the end of this chapter[1] are prohibited, except as regulated under Subsection (d) of this section.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
Measurement of pollutant concentrations.
A. 
The instantaneous concentration limit for a specific pollutant shall apply to the instantaneous concentration of the pollutant measured by sampling in accordance with § 1042.11.
B. 
The daily concentration limit for a specific pollutant shall apply to the daily concentration of the pollutant measured by sampling in accordance with § 1042.11.
(d) 
Special alternative limit. The Director may grant a special alternative limit (SAL) to a user in a use permit or an order that allows discharges to the POTW that are otherwise prohibited by this section. The SAL may include other special arrangements between the CBPU and the user including, but not limited to, limits less than the discharge limits in Subsection (c) of this section. The decision to grant a SAL shall be made at the sole discretion of the Director. The SAL or special arrangement may be terminated or modified at will at any time by the Director. A SAL or other special arrangement shall not create any vested rights or property rights in the user. A SAL or other special arrangement shall create no rights to discharge to the POTW which the user would not have in the absence of a SAL or special arrangement. Provisions relating to termination or modification of a SAL or special arrangement may be more fully set forth in the SAL or special arrangement document. As a condition precedent to the grant of a SAL or entry into a special arrangement, the Director shall require the user to sign an acknowledgement and acceptance of the provisions of this subsection. Any SAL or special arrangement may contain provisions for the user to pay a compensatory charge to the CBPU. A SAL shall not be higher than a CPS unless a removal credit or a fundamentally different factor variance applies to allow the user to exceed the otherwise applicable categorical pretreatment standard. In such case, the SAL shall not exceed the limit allowed by the removal credit or variance. A violation of a SAL or of the terms of a special arrangement shall be in violation of this chapter.
(1) 
Procedures for establishing special alternative limits. In determining a SAL, the Director may allocate a share of the maximum allowable industrial loading for the pollutant of concern set forth in Subsection (d)(2) of this section among one or more nondomestic users in amounts and on terms and conditions deemed appropriate by the Director in accordance with SAL procedures approved by MDEQ.
(2) 
Maximum allowable industrial loadings. The total mass of a pollutant of concern used by or allocated to all nondomestic users, including mass allocated by the Director in establishing SALs for the pollutant, shall not exceed in the aggregate for all nondomestic users the maximum allowable industrial loadings described in Tables 2 and 3 in Appendix A at the end of this chapter.[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(e) 
Local initiative limits. The Director may impose limits on a user for pollutants not specifically listed in Table 1 in Appendix A at the end of this chapter,[3] which may be in a use permit or in an order. In determining a local initiative limit (LIL), the Director shall consider available data on acceptable POTW pollutant loading based on POTW design, treatability of the pollutant, the potential for pass-through or interference, current POTW pollutant loading, the properties of the pollutant, and other relevant factors deemed appropriate by the Director.
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(f) 
CPS. A user shall comply with all CPS and any other pretreatment requirements established under §§ 307(B), 307(C), or 402(B)(8) of the Act that are applicable to that user, as adjusted under the combined waste stream formula in Michigan Rule R 323.2311(7). If a categorical pretreatment standard and another limit contained in this chapter or in an applicable State of Michigan pretreatment requirement regulate the same pollutant, then the more restrictive of them shall apply. If a user requests that a removal credit be applicable to that user, then such user shall pay all costs associated with supporting, obtaining, and administering the removal credit so that the CBPU incurs no costs. It shall be at the sole discretion of the CBPU whether or not a removal credit shall be established and how a removal credit shall be allocated.
(g) 
Trucked wastes. No wastes, pollutants, or wastewater shall be discharged by any user or person into the POTW from a vehicle which transported the waste or wastewater to the point of discharge, except at discharge points, if any, designated by the CBPU, and only when hauled in compliance with applicable law.
(h) 
Future conditions. Future conditions imposed on the CBPU by government agencies with proper jurisdiction may require subsequent amendment of this chapter by the CBPU. Where federal- or state-promulgated pretreatment standards require limits on parameters not covered in this chapter or limits more stringent than those specified in the chapter, the state or federal limits shall have precedence and take effect with respect to the applicable user on the later of their promulgation date or the date specified for compliance with such standards.
(i) 
Reserved right of revision. The CBPU reserves the right to establish by ordinance, rule, order, or use permit more stringent limitations or requirements on discharges to the POTW.
No user shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment before discharge to the POTW to achieve compliance with the standards set forth in this chapter, except upon prior written approval from the Director, which approval shall be granted at the sole discretion of the Director and consistent with federal and state law.
(a) 
Authority of inspectors. The Director exhibiting proper credentials and identification shall be permitted at all reasonable times, and at any time in an emergency, to enter any user's property and the property of contract municipalities without delay for the purposes of inspection, observation, measurement, sampling, and testing in connection with the administration and enforcement of this chapter. The user shall advise the CBPU representative of health and safety hazards and precautionary measures necessary to protect the health and safety of the CBPU representative while on the user's premises. The Director may order any user to provide written information regarding such health and safety hazards and precautionary measures. If required by the user, the CBPU representative intending to enter a user's property shall be provided with an escort by the user to accompany the CBPU representative while on the user's property. The user shall provide the escort within a reasonable time after arrival at the user's property. In the event of an emergency, or if the user does not provide an escort within a reasonable time, the CBPU representative is not required to wait for such an escort before proceeding with the entry and other activities on the user's property. If the CBPU representative proceeds without such an escort on the basis of an emergency or on the basis that the user did not provide an escort within a reasonable time under the circumstances, then the CBPU shall provide such user with a written explanation of the situation.
(b) 
Other inspection. Inspection by state or federal representatives pursuant to law shall not relieve a user from inspection by CBPU representatives, and inspection by CBPU representatives shall not relieve any user from compliance with lawful inspection by state and federal representatives.
(a) 
Wastewater sampling and analyses.
(1) 
The prohibitions and restrictions in § 1042.08 or as set forth in a SAL or LIL (which may be in a use permit), shall apply at the point where wastewater and pollutants are discharged into the POTW. Required pretreatment and sampling for analysis of parameters specified in a use permit, discharge limit, CPS, or any discharge prohibition, limitation, or standard shall be effected before such point is reached.
(2) 
All measurements, sampling, tests, and analyses of the discharge shall be determined in accordance with the EPA-approved methods contained in 40 CFR, Part 136. In cases where 40 CFR 136 procedures are not available for or do not apply to the pollutant involved, other sources such as "standard methods for the examination of water and wastewater," published by the American Public Health Association, or the most current methods published by the American Society for Testing Material (ASTM) or another method accepted by the Director may be used.
(3) 
All samples shall be collected at a time and in a manner that ensures they are representative of the wastewater discharged when the user's normal operations are occurring, except when required by the CBPU to be collected at another time or in another manner.
A. 
Sampling to measure the instantaneous concentration shall be done by collecting one grab sample.
B. 
Sampling to measure the daily concentration shall be done by collecting a twenty-four-hour, flow-proportioned composite sample, except that a minimum of four grab samples shall be collected in lieu of a twenty-four-hour, flow-proportioned composite sample for pH, cyanide, total phenols, hexane-extractable material, sulfide, and volatile organic compounds. If it is not appropriate to obtain a flow-proportioned composite sample, a time-proportioned composite sample or a minimum of four grab samples may be used in lieu of the flow-proportioned composite sample if the user demonstrates to the Director that a representative sample will be obtained. Samples shall be collected during a single twenty-four-hour period.
C. 
Flow volume shall be measured unless the Director approves a method proposed by the user to estimate flow.
(b) 
Significant nondomestic user sampling and analyses. Unless otherwise modified by a use permit, the following shall apply:
(1) 
Significant nondomestic users shall, at their expense, sample their discharge by flow-proportioned composite sampling. Samples must be obtained whenever the significant nondomestic user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 1042.09). The significant nondomestic user shall submit a written description of the specific sampling method, sampling equipment, and sampling location to the Director and obtain the approval of the Director. Alternately, at the discretion of the Director, a user may provide a written description of sampling locations and a demonstration of sampling equipment and specific sampling methods to CBPU enforcement officer in order to obtain approval. For significant nondomestic users with a new source, this approval shall be obtained prior to commencement of the discharge. Significant nondomestic users discharging as of the effective date of this section shall make application within 60 days of such effective date for this approval.
(2) 
If a significant nondomestic user does not perform self-monitoring for purposes of determining compliance with this chapter, the Director may obtain samples of that user's discharge for such purposes for analysis using composite time-proportioned or flow-proportioned sampling (except for pH, fat, oil, and grease, cyanide, sulfide and volatile organic compounds which shall be grab samples) or may contract with an independent firm for such sampling. Samples may be obtained by the CBPU each day, whenever the user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 1042.09). The significant nondomestic user shall pay a fee to the CBPU to fully reimburse the CBPU for such sampling and analysis, including administrative and overhead costs. If the CBPU contracts with an independent firm for such sampling, the significant nondomestic user shall fully reimburse the CBPU for amounts paid by the CBPU to such firm.
(3) 
The significant nondomestic user shall provide equipment at its facility to properly preserve and store all samples as required by that user's use permit, whether or not that user is performing the sampling.
(4) 
Samples shall be preserved and stored at the significant nondomestic user's facility for every day on which a discharge occurs. At least 10 daily samples shall be analyzed each calendar month within the applicable holding times for sample analysis. If the significant nondomestic user discharges for less than 10 days in a calendar month, then the number of samples shall equal the number of days on which there is a discharge and all such samples shall be analyzed. Analyses shall be performed for parameters specified in the significant nondomestic user's use permit and sample holding time limits for sample analyses shall be met.
(5) 
Samples shall be analyzed at the sole cost of the significant nondomestic user. If a significant nondomestic user does its own sampling or causes its samples to be taken, then, such user shall submit the samples to a laboratory (which may be the significant nondomestic user's own laboratory) approved by the Director for analysis. If the Director does not approve the user's chosen laboratory, the Director shall provide the user with a written explanation why the Director did not approve such laboratory. If the significant nondomestic user utilizes its own laboratory, that significant nondomestic user shall send a split sample to an independent laboratory at least quarterly as a quality control check. If a significant nondomestic user does its own sampling or analysis, the CBPU may also take and have analyzed daily composites or grabs at the sole cost of the significant nondomestic user, in which case the Director shall provide a written explanation within a reasonable time (after the CBPU performs such sampling) to such user why the CBPU is performing such sampling. If the CBPU takes the samples, the CBPU, at its discretion, may analyze the samples in its own laboratory or contract with an independent laboratory for the analysis.
(6) 
The date when a sample is taken, start time, stop time, sample type, sample location, sampler programming information, persons involved in the sampling, and any other data specified in advance by the Director, shall be recorded by the significant nondomestic user if the significant nondomestic user is self-monitoring.
(7) 
Flow measurements shall be taken to record the daily discharge volume. On each sample date, flow measurements shall be taken to record the daily discharge volume unless that is not appropriate. In such case, flow estimates based on water meter readings may be used if a user demonstrates to the Director that a representative estimate will be obtained.
(8) 
All analytical results for the applicable periodic compliance report period shall be submitted by the user to the CBPU in a periodic compliance report by the 15th day of the month following the end of the reporting period if the significant nondomestic user does self-monitoring. The CBPU shall provide copies of analytical results to the significant nondomestic user if the CBPU performs the monitoring and, in the case of results that show a violation of any pretreatment standard, shall provide such results to such user within 10 days after the results are available to the CBPU. If a significant nondomestic user monitors any pollutant more frequently than required by the Director, using the procedures described in Subsection (a) of this section, the results of such monitoring shall be included in the next surveillance report or other monitoring report submitted to the CBPU by that significant nondomestic user.
(9) 
The CBPU shall be provided with splits of any sample taken by a significant nondomestic user if the CBPU requests a split sample. A significant nondomestic user shall be provided with splits of any sample taken by the CBPU if the significant nondomestic user requests a split sample within a reasonable time, but not to exceed the designated holding time for the analytical procedure being conducted. Split samples shall be provided at the time the sample is taken, if possible.
(10) 
The significant nondomestic user (which is performing self-monitoring) or the CBPU (if the significant nondomestic user is not performing self-monitoring) shall contract with an independent company to maintain, repair, and calibrate the sampling and flow measurement equipment and instruments used to monitor that significant nondomestic user. Such maintenance, repair, and calibration shall be performed as necessary so that monitoring data is accurate and representative, but in no event less frequently than twice in a calendar year at reasonable intervals. The CBPU, in any event, may inspect and test a significant nondomestic user's flow meters at reasonable times or at any time in the case of an emergency.
(c) 
Other users. The Director may require any other user to install a suitable control structure and necessary measuring and sampling devices to facilitate the observation, sampling, and measurement of the quantity, composition, and concentrations of discharges to the POTW. Such structure and devices shall be constructed and installed at the user's expense in accordance with plans submitted to the Director and shall be maintained by the user as safe and accessible during all reasonable times and to provide accurate and representative monitoring data. If the user fails to install such a structure and devices, or maintain them, the CBPU may do so at the expense of the user and the Director may disconnect the user from the POTW.
(d) 
Removal of samples and data. The Director shall have the right to enter the premises of a user for the purpose of conducting inspections and collecting samples of wastewater and pollutants discharged into the POTW. The Director also has the authority to make copies of analytical reports, including, but not limited to, all raw data, laboratory bench sheets, calibrations records, QA/QC records, sample collection information and final sample results used in generating the final analytical results pertaining to all discharges to the POTW.
(e) 
Authority to require submission of samples. The Director may require any user to submit one or more representative samples of the wastewater discharged, or which the user proposes to discharge, into the POTW.
(f) 
Failure to allow access or removal of samples and other data. In the event a user refuses to permit access at reasonable times, or at any time in the event of an emergency, to the Director or to permit the Director to obtain, take, and remove samples and make copies of other data pursuant to this section, the Director may take any or all of the following actions:
(1) 
Order the termination of the discharge of wastewater to the POTW.
(2) 
Order the user to permit access within a time certain.
(3) 
Issue a citation for a violation of this chapter.
(4) 
Disconnect the user from the POTW.
(5) 
Seek a court order for appropriate relief.
(g) 
New installation of pretreatment facilities.
(1) 
Notices. The user or its authorized agent shall notify the Director in writing, at least 15 days before the installation of new pretreatment facilities, of the date it intends to commence operation thereof. A new pretreatment facility shall not be placed in regular operation until tests have been conducted by the user to establish that the discharges will be in compliance with this chapter.
(2) 
Tests by users. A representative of the CBPU shall be permitted to witness the tests. The cost of the tests shall be paid by the user of the facilities.
(a) 
Registration required. All nondomestic users shall register with the CBPU by submitting registration forms provided by the CBPU which shall include information about the identity, location, and telephone number of the user; business and manufacturing activities engaged in by the user; and the type and amount of materials produced, used, or stored which are, or which may be, discharged to the POTW by the user.
(b) 
Periodic compliance reports required. The Director, by written order or in a user permit, may require any nondomestic user to submit periodic reports on forms provided by the CBPU which shall include information on the quality and quantity of wastewater and pollutants discharged into the POTW. Said report shall include the volume of wastewater and concentration of pollutants, and be related to pretreatment standards as appropriate as shall be required by the Director. The names of all person(s) responsible for operating and maintaining any pretreatment equipment, pretreatment processes, or responsible for wastewater management at the user's facilities shall be listed in said report with a brief description of each person's duties. The Director may also require additional information from such users as to materials or substances which may be discharged to the POTW. The Director shall notify forthwith each significant nondomestic user that it is required to file periodic compliance reports.
(1) 
Initial report. Each user that has been notified of its obligation to file periodic compliance reports shall file an initial periodic compliance report within 30 days from the date such notice is served upon said user.
(2) 
Monthly periodic compliance reports. Each user so notified by the Director may be required to file monthly periodic compliance reports for the preceding month by the date specified by the Director.
(3) 
Quarterly periodic compliance reports. Each user required to submit quarterly periodic compliance reports shall submit the same before January 31, April 30, July 31, and October 31 of each year for the quarter ending on the last day of the preceding month.
(4) 
Semiannual periodic compliance reports. Each user required to submit semiannual periodic compliance reports shall submit the same in June and December each year, for the preceding six calendar months.
(5) 
Annual periodic compliance reports. Each user required to submit annual periodic compliance reports shall submit the same in December each year for the preceding 12 calendar months.
(6) 
The Director shall coordinate reports required under this Subsection (b) with Subsection (j) in order to avoid duplicative reporting and to achieve consistency in report due dates.
(c) 
Notice of significant nondomestic user status. All users shall promptly notify the CBPU at least 180 days in advance of a discharge which may convert the user into a significant nondomestic user. Where a change in discharge may convert the user into a significant nondomestic user, such user shall promptly submit an application for a use permit to the CBPU within 10 days after submitting such notice.
(d) 
Annual significant nondomestic user report. Each significant nondomestic user shall submit, on a form provided by the CBPU, an annual significant nondomestic user report. The report shall provide updated information about the user's manufacturing and business activities, materials used or stored, materials which are or may be discharged to the POTW, pretreatment systems, slug discharge control plans and procedures (if required), and any other information required under § 1042.13(c) in an application for a use permit. Each significant nondomestic user shall submit the annual significant nondomestic user report by the 15th day of February of each year for the preceding calendar year (January through December), unless exempted from this requirement, in the use permit or other writing, by the Director.
(e) 
Notice of discharge exceedances. All users shall orally report to the CBPU water pollution control facility within 24 hours of becoming aware of any discharges, whether intentional or accidental, which are known or reasonably suspected by the user to violate any prohibition or exceed any applicable limit established in this chapter, in a use permit, in a special agreement, in a CPS, or in any other applicable law or regulation. The user shall, if the exceedance was based on an analyzed sample, and if the CBPU is not performing monitoring in lieu of the user, resample and analyze the discharge and submit the results to the CBPU as soon as possible, but no later than 30 days after becoming aware of such discharge. Such oral notice shall be given in advance whenever possible and shall contain information regarding the volume, duration, constituents, cause, loading and concentrations, actions taken or to be taken to prevent future exceedances, and such other available information as may be necessary to determine what impact such discharge may have on the POTW. The user shall provide a written follow-up notice within five days of the oral notice that contains the same information provided orally and all other relevant information. If the CBPU is performing monitoring of the user in lieu of the user, the CBPU, or the user if directed to do so by the Director, shall resample and analyze the discharge as soon as possible, but no later than 30 days after the CBPU becomes aware of such discharge.
(f) 
Posting of use permit and notice of exceedance information. All nondomestic users and any user that uses or stores substances which potentially could be discharged to the POTW in concentrations which exceed any discharge prohibition in § 1042.08 shall post a clearly legible set of instructions in the area where the user manages wastewater so that the report and notice requirements of this section are made known and are available to the user's employees. Such users shall also post the user's use permit along with these instructions if the user holds a use permit. Such users shall instruct their employees who have wastewater responsibilities on the reporting and notice requirements of this section.
(g) 
Slug discharges. The Director may, by written notice to a user, require that the user prepare and implement a slug control plan. Such plan shall be submitted to the Director for approval as specified in the written notice. At least once within a year of determining that a user is significant, the Director shall evaluate significant nondomestic users to determine whether or not the CBPU will require a plan from such significant nondomestic users. The plan shall contain at least the following:
(1) 
Description of discharge practices including nonroutine batch discharges;
(2) 
A description of stored materials;
(3) 
Procedures for immediately notifying the CBPU of slug discharges, including any discharge that would violate a prohibition under § 1042.08 with procedures for follow-up written notification within five days;
(4) 
Procedures to prevent adverse impacts from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.
(h) 
Notification regarding wastes which are otherwise hazardous.
(1) 
Any user that discharges to the POTW any substance which, if disposed of other than by discharge to the POTW, would be a hazardous waste under 40 CFR 261 or under the rules promulgated under Part 111 of the Natural Resources and Environmental Protection Act ("Michigan Rules") shall notify the CBPU, the U.S. EPA Region V Waste Management Division Director, and the Chief of the Waste and Hazardous Materials Division of the Michigan Department of Environmental Quality of such discharge. The notice shall be given 180 days after the discharge first occurs. The notice shall be in writing and shall include the name of the hazardous waste set forth in 40 CFR 261 or the Michigan Rules, the hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notice shall also contain the following information to the extent such information is known and readily available to the user:
A. 
An identification of the hazardous constituents contained in the wastes;
B. 
An estimation of the mass and concentration of such constituents in the discharge during that calendar month;
C. 
An estimation of the mass of constituents expected to be discharged during the following 12 months;
(2) 
Notification under this subsection must be submitted for each hazardous substance discharged, but is not required for pollutants already reported under self-monitoring by users under CPS reporting requirements. A user is exempt from notification under this subsection during a calendar month in which the user discharges no more than 15 kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Where a new regulation first defines a substance as a hazardous waste, notification under this subsection shall be given within 90 days of the effective date of such regulation. In any notice submitted under this subsection, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree the user has determined to be economically practical.
(i) 
Notice by the Director to users affected by CPS. The Director shall notify all users whom the Director knows might be subject to CPS of that fact.
(j) 
Reports by users subject to CPS.
(1) 
Baseline report. Within 180 days after the effective date of a CPS, or 180 days after the final administrative decision made upon a category determination submission under R 323.2311(2), whichever is later, existing nondomestic users subject to the CPS and currently discharging, or scheduled to discharge, to the POTW shall submit to the Director a report that contains the following:
A. 
Name and address of the facility including the name of the operator and owners;
B. 
A list of any environmental control permits held by or for the facility;
C. 
A brief description of the nature, average rate of production, and standard industrial classification of the operation or operations carried out by the nondomestic user. The description shall include a facility drawing and schematic process diagram that indicates points of discharge to the POTW and from which processes the discharges originate.
D. 
Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams as necessary to allow use of the combined waste stream formula specified in R 323.2311(6).
E. 
The pretreatment standards, including state or local standards, applicable to each regulated process and the results of sampling and analysis identifying the nature and concentration or mass, where required by the standard or the Director, of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration or mass, where required, shall be reported. The sample shall be representative of daily operations. Samples shall be taken immediately downstream from pretreatment facilities if the facilities exist or immediately downstream from the regulated process if pretreatment facilities do not exist. If other wastewaters are mixed with the regulated wastewater before pretreatment, the nondomestic user shall measure the flows and concentrations necessary for use of the combined waste stream formula to evaluate compliance with the CPS. Where an alternate concentration or mass limit has been calculated, the adjusted limit and supporting data shall be submitted. The Director may allow the submission of a baseline report that utilizes only historical data if the data provides sufficient information to determine the need for pretreatment measures. The baseline report shall indicate the time, date and place of sampling and the methods of analysis and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW. A description of all BMPs to which the user is subject shall be included in the baseline report along with a summary of the status of the user's compliance with such BMPs.
F. 
A statement, reviewed by the user and certified to by a qualified professional, indicating whether CPS are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required to be performed by the nondomestic user to meet the CPS.
G. 
If additional pretreatment or operation and maintenance will be required to meet the CPS, the shortest schedule by which the nondomestic user will provide such additional pretreatment or operation and maintenance. The completion date in the schedule shall not be later than the compliance date established for the applicable CPS. 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 additional pretreatment required for the nondomestic user to meet the CPS. The events may include the hiring of an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and other similar major events. An increment shall not be more than nine months. Not later than 14 days following each date in the schedule and the final date for compliance, the nondomestic user shall submit a progress report to the POTW, including, at a minimum, whether or not the user complied with the increment of progress to be met on a particular date and, if not, the date on which the user expects to comply with the increment of progress, the reason for the delay, and the steps being taken by the user to return the construction to the schedule established. Not more than nine months shall elapse between progress reports to the POTW.
H. 
Where the nondomestic user's CPS has been modified by a removal credit, the combined waste stream formula or a fundamentally different factors variance at the time the user submits the baseline report, the information required by Subsection (j)(1)F and G, above, shall pertain to the modified limits.
I. 
Any changes to information under Subsection J(1)A through G shall be submitted by the nondomestic user to the POTW within 60 days after the change in the information.
(2) 
Final compliance report. Within 90 days following the date for final compliance with applicable CPS or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any nondomestic user subject to CPS shall submit to the POTW a report containing the information in Subsection J(1)D through F above. For nondomestic users subject to equivalent mass or concentration limits, the report shall contain a reasonable measure of the user's long-term production rate. For all other nondomestic users subject to CPS expressed in terms of allowable pollutant discharge per unit of production, or other measures of operation, the report shall include the user's actual production during the appropriate sampling period.
(3) 
Periodic compliance reports for CPS.
A. 
Any nondomestic user subject to a CPS after the compliance date of the CPS or, in the case of a new source, after commencement of the discharge, shall submit to the POTW semiannually, unless required more frequently in the CPS by the POTW or the MDEQ, a report indicating the nature and concentration of pollutants in the effluent that are limited by the CPS. In addition, the report shall include a record of measured or appropriately estimated average and maximum daily flows for the reporting period for the discharge reported in the baseline report, except that the Director may require more detailed reporting of flows.
B. 
Where the POTW has imposed mass limitations on nondomestic users, the report shall indicate the mass of pollutants regulated by CPS in the discharge from the user.
C. 
For nondomestic users subject to equivalent mass or concentration limits established by the POTW, the report shall contain a reasonable measure of the user's long-term production rate. For all other nondomestic users subject to CPS expressed only in terms of allowable pollutant discharge per unit of production, or other measures of operation, the report shall include the user's actual average production rate for the reporting period.
D. 
The report shall include a summary of the status of the user's compliance with any BMPs to which the user is subject.
(k) 
Radioactive materials notice. Users whose discharge contains or could contain radioactive materials shall notify the CBPU of that fact as soon as possible after becoming aware of it.
(l) 
Reports by user of slug or problem discharges. A nondomestic user shall immediately notify the CBPU after obtaining knowledge that such user has discharged or will discharge wastewater which could cause problems to the POTW or could cause interference or pass-through or which is a slug discharge. Such notice shall be oral and shall be followed by a written notice within five days. The written notice shall describe measures which such user will take to prevent such discharges.
(m) 
Periodic compliance reports by users not subject to CPS. Significant nondomestic users that are not subject to CPS shall submit a written periodic compliance report to the CBPU by January 31 and July 31 of each year for the preceding six-month period. The periodic compliance report shall contain a description of the nature and concentration of the pollutants in the discharge and the volume of the discharge based on sampling and analyses for pollutants performed at a frequency specified by the CBPU. Sampling and analytical techniques shall be those described in Michigan Rule R 323.2310(7). The CBPU may elect to perform the sampling and analyses in lieu of the significant nondomestic user, at the sole cost of the significant nondomestic user. If the CBPU collects all of the information for the reports, the significant nondomestic user shall not be required to prepare and submit the report under this subsection. The report shall include a summary of the status of the significant nondomestic user's compliance with any BMPs to which that user is subject.
(n) 
Notice of changed discharge. A nondomestic user shall notify the CBPU at least 180 days in advance of any anticipated substantial change in the volume of or in the type or amount of pollutants in its discharge to the POTW. Such notice shall be in writing. For purposes of this notice, a substantial change in the discharge to the POTW includes, but is not limited to:
(1) 
The initial discharge of any unpolluted water, noncontact cooling water, stormwater, surface water, or groundwater, including any groundwater purged for remedial action and groundwater that infiltrates into the POTW;
(2) 
An increase or decrease in volume of 20% or more or as specified in a user permit;
(3) 
The discharge of pollutants not previously disclosed to the CBPU;
(4) 
A change in the amount or type of listed or characteristic hazardous waste discharged for which the nondomestic user has submitted a notification to the CBPU under Subsection (h) of this section;
(5) 
An increase in the amount of any pollutants discharged which may result in a violation of § 1042.08 or of any order or use permit applicable to the nondomestic user.
(o) 
Signature and certification for reports.
(1) 
The person signing the periodic compliance reports, baseline report, final compliance report, notices, and registration in this section shall make the following certification in the report:
"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 fines and imprisonment for knowing violations."
(2) 
Before any person signs any periodic compliance report, baseline report, or final compliance report, to submit to the CBPU, the user shall inform the CBPU in writing and with particularity how the individual meets the criteria for persons who are eligible to do so specified below:
Signatory requirements for user periodic compliance reports, baseline report, final compliance report. The reports required by this chapter shall include the certification statement as set forth above in Subsection (o)(1), and shall be signed as follows:
A. 
By a responsible corporate officer, if the user submitting the reports is a corporation. For the purpose of this subsection, a responsible corporate officer means:
1. 
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
2. 
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. 
By a general partner or proprietor if the user submitting the reports is a partnership, or sole proprietorship respectively.
C. 
By a duly authorized representative of the individual designated in Subsection (o)(2)A.1 or 2 of this section if:
1. 
The authorization is made in writing by the individual described in Subsection (o)(2)A.1 or 2;
2. 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator or superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
3. 
The written authorization is submitted to the POTW.
4. 
If an authorization under Subsection (o)(2)C of this section 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 requirement of Subsection (o)(2)C of this section shall be submitted to the POTW prior to or together with any reports to be signed by an authorized representative.
(p) 
Maintenance of records. Any user subject to the sampling, analysis, or reporting requirements in this chapter, including reports under Michigan Rule R 323.2310, as amended, or subject to BMPs, shall maintain copies of all reports, information records, and all other information pertaining to those reports, BMPs, and to any sampling and analyses activities. Such reports, records, and information shall be retained by such user, and by the CBPU if such documents have been submitted to the CBPU, for at least three years. This period shall be extended during the course of any unresolved litigation regarding the user or the POTW pretreatment program or when requested by the CBPU, the State Director, or U.S. EPA. All users who have records regarding their generation, treatment, storage, or disposal of hazardous waste or solid waste shall maintain such records for such period and make them available to the CBPU for inspection and copying, subject to the provisions of § 1042.14. The terms "hazardous waste" and "solid waste" shall have the same definition as provided in Part 111 of NREPA, as amended, and rules promulgated thereunder. The reports, records and information referred to in this Subsection (p) shall be available to the State Director and U.S. EPA upon request.
(a) 
Use permit required.
(1) 
All significant nondomestic users, and any other user requested by the CBPU, must have a use permit to discharge to the POTW. With respect to discharge limits, discharge prohibitions, sampling and analyses, a user with a use permit prior to the effective date of these amendments shall be regulated by the terms of that use permit until the earlier of:
A. 
The issuance of a use permit under this amended chapter;
B. 
The modification by the CBPU of the use permit after the effective date of this amended chapter; or
C. 
One-hundred-eighty days after the effective date of these amendments.
(2) 
After the occurrence of the earlier of those events, the provisions of this amended chapter fully apply to discharge limits, discharge prohibitions, sampling and analyses with respect to that user.
(b) 
Use permit application required. Applications for use permits shall be submitted to the CBPU as follows:
(1) 
Any person or user who will in the future become a significant nondomestic user shall submit an application at least 180 days before the date that person or user expects to become a significant nondomestic user.
(2) 
Any existing significant nondomestic user with a user permit prior to the effective date of this amended chapter shall submit an application not more than 60 days after the effective date of this amended chapter.
(3) 
Additionally, after having been directed to apply for a use permit by the Director, a user shall submit an application for a use permit as follows:
A. 
Any user suspected by the Director of being a significant nondomestic user shall submit an application not more than 30 days after having been ordered to do so by the Director.
B. 
Any user who has been ordered by the Director to obtain a use permit shall submit an application not more than 30 days after having been ordered to do so by the Director.
C. 
The Director may extend, for a time that complies with applicable deadlines in state or federal law, the period allowed herein for submitting an application for a use permit, provided that the applicant demonstrates to the satisfaction of the Director that more time will be required for completing the application, due to extraordinary circumstances. The Director may authorize a user to discharge to the POTW while the user's permit application is pending under terms and conditions specified in the authorization.
(c) 
Use permit application contents.
(1) 
A use permit application shall consist of the following:
A. 
Name, address, and location of the user, the name and address of the owner of the user, and the name of the manager of the user, and the name of the person who performs the operation of the user's wastewater pretreatment equipment, as applicable;
B. 
The type of business entity of the user, whether a corporation, partnership, sole proprietorship, or other form of business organization;
C. 
The name of the person(s) responsible for discharges by the user if different from those listed in Subsection (c)(1)A above;
D. 
Standard industrial classification (SIC) number according to the Standard Industrial Manual, Bureau of the Budget, 1972, as amended, and the North American Industry Classification System (NAICS) code according to the U.S. NAICS Manual, as amended;
E. 
Discharge pollutants and characteristics including, but not limited to, toxic pollutants as determined by bona fide chemical and biological analyses. Sampling and analyses shall be performed in accordance with procedures established by the U.S. Environmental Protection Agency and contained in 40 CFR Part 136, as amended, or procedures approved by the Director if no Part 136 procedure exists for the pollutant;
F. 
Time and duration of discharges;
G. 
Average daily and instantaneous peak discharge flow rates in gallons per day, including daily, monthly, and seasonal variations, if any (All flows shall be measured unless other verifiable techniques are approved by the Director.);
H. 
Site plans, floor plans, mechanical and plumbing plans, process flow diagrams, and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and any other equipment directly or indirectly related to a user's actual or potential discharge (information on such other equipment need only be submitted by the user as a supplement to the use permit application and only if requested by the Director);
I. 
Information regarding activities, facilities, and plant processes on the premises indicating all materials which are or may be discharged to the POTW intentionally or unintentionally;
J. 
Nature and concentration of any pollutants in the discharge limited by this chapter, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with this chapter along with a proposed compliance schedule with milestones;
K. 
Each product produced by type, amount, process or processes, and rate of production and any and all information regarding the composition, characteristics and properties of each product as needed by the Director for determining the potential impact of any discharge of a product to the POTW, provided by the user in either material safety data sheets or other manner approved by the Director;
L. 
Type and amount of raw materials utilized (average and maximum per day or other relevant time period) and any and all information regarding the composition, characteristics and properties of the raw materials as needed by the Director for determining the potential impact of any discharge of a raw material to the POTW, provided by the user in either material safety data sheets or other manner approved by the Director;
M. 
A list of all other environmental permits and a copy of each such permit held by the user applicable to the site to which the use permit applies if the permitted process, equipment, or activity involves any liquid waste or wastewater;
N. 
The signature and certification of the person described in § 1042.12(o); and
O. 
Such other information as the CBPU may request pertaining to possible discharges to the POTW.
(2) 
In the case of new sources, the applicant shall supply estimated expected information to the extent actual data is not available. New sources who will be significant nondomestic users shall submit a complete permit application at least 90 days before the commencement of its discharge to the POTW.
(d) 
Use permit issuance. The Director shall evaluate the application and data furnished by the user and may require additional information from the user to complete the application. The Director shall determine whether the applicant is a significant nondomestic user. If not, the Director shall so notify the applicant. For a significant nondomestic user, the Director shall issue or deny a use permit based on and subject to the terms and conditions provided in this chapter and other applicable law. The Director may, but is not required to, provide the user with a draft of the use permit prior to taking action to issue or deny a use permit to give the user an opportunity to provide the Director with comments on the draft use permit. The Director shall issue or deny a use permit within six months after receipt of a complete application from the user. If the Director denies a use permit, the denial shall be in writing and shall specify reasons for the denial. The Director may issue an individual use permit to any specific significant nondomestic user, or the Director may establish a general use permit for any specific group of significant nondomestic users or other users, if deemed appropriate, where allowed under current state and federal law. If the Director determines that the user is not a significant nondomestic user, the Director may still require a use permit or that the user be subject to the terms of a general use permit.
(e) 
Use permit term. A use permit shall be issued for a term not to exceed five years. The Director may issue the use permit for a shorter period. A permittee shall apply for reissuance of a use permit by submitting a complete application at least 180 days before the expiration of the existing use permit. If application for renewal is timely submitted, the existing use permit shall have the status accorded it under applicable law until final action is taken by the Director on the application for renewal. Otherwise, the existing use permit shall expire on its stated expiration date and the permittee shall cease its discharge.
(f) 
Use permit modifications.
(1) 
The Director shall have the right to modify any use permit issued hereunder in order to:
A. 
Assure compliance by the POTW with applicable laws and the POTW NPDES permit;
B. 
Account for changes in discharges by the user;
C. 
Account for new information concerning the pollutants discharged by the user;
D. 
Reflect changes in federal or state laws and regulations or in City ordinances;
E. 
Accommodate operational changes at the POTW that, as determined by the Director, require revision of the use permit;
F. 
Modify or terminate any special arrangement contained in a use permit;
G. 
Assure compliance by the user with this chapter and other applicable laws; or
H. 
Correct typographical errors.
(2) 
The user shall be informed of any modifications in the use permit at least 30 days prior to the effective date of the modification, unless a shorter time is necessary to meet applicable law or to protect human health, the environment, or the POTW.
(g) 
Use permit conditions. Use permits may specify the following but shall contain all items required by Michigan Rule R 323.2306(a)(III):
(1) 
Schedule of fees and charges;
(2) 
Discharge limits;
(3) 
Limits on average volume and maximum volume and time of discharge and/or requirements for flow regulation and equalization;
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Requirements for installation and operation of discharge flow monitors and sampling devices;
(6) 
Requirements and procedures regarding the handling and storage or alternative disposal of substances to prevent a discharge that would be prohibited under § 1042.08;
(7) 
Requirements and procedures for wastewater pretreatment and the installation and maintenance of pretreatment systems in order to prevent prohibited discharges;
(8) 
Operation and maintenance plan requirements for wastewater pretreatment;
(9) 
Conditions as the Director may require under particular circumstances for a given discharge, including self-monitoring sampling locations, frequency of sampling, number, types, and standards for tests, reporting, notification, and recordkeeping, parameters required to be sampled and analyzed, and other provisions regarding sampling;
(10) 
Minimization requirements to be implemented by the user.
(11) 
Slug control plan requirements;
(12) 
Spill control plan requirements;
(13) 
Compliance schedules;
(14) 
Requirements for submission of reports;
(15) 
Requirements for notification to the CBPU of a discharge which exceeds a limit in the use permit or is a slug discharge or is a significant change in the discharge or may cause a problem in the POTW;
(16) 
Requirements for BMPs;
(17) 
Requirements for bypass and upset notifications;
(18) 
Statement of duration of permit, not to exceed five years;
(19) 
Statement of nontransferability and nonassignability of permit;
(20) 
Statement of applicable civil and criminal penalties for violation of discharge limitations, pretreatment requirements, and compliance schedules;
(21) 
Other terms, statements, or conditions, as determined by the Director, that are necessary to assure compliance with this chapter and other applicable laws.
(h) 
Use permit revocation.
(1) 
The Director may revoke a use permit during its term or deny a use permit renewal if:
A. 
The permittee has failed to comply with any condition of the use permit;
B. 
The permittee fails, in the use permit application or during the use permit issuance process, to disclose fully all relevant facts to the CBPU, or the permittee misrepresents any relevant fact at any time to the CBPU;
C. 
The Director determines that the permitted discharge endangers human health, the environment, or the POTW and the threat can only be abated by revocation or denial of the use permit;
D. 
A change in any condition that requires either a temporary or permanent reduction or elimination of the discharge;
E. 
The permittee is in default, after having received written notice of such default, in the payment of fees or other amounts owed to the CBPU related to wastewater matters; or
F. 
Noncompliance by the permittee with any provision of this chapter.
(2) 
Upon revocation or denial of its use permit, a user shall immediately terminate its discharge to the POTW.
(i) 
Compliance with use permit. A user shall comply with all of the provisions of its use permit. A violation of any provision of a use permit is a violation of this chapter, subject to the penalty, damage, compensatory charge, and other enforcement provisions of this chapter.
(j) 
Limitations of use permit transfer.
(1) 
Use permits are issued to a specific user for a specific operation at a specific location and are not assignable to another user or transferable to any other location without prior written approval of the Director. The Director shall approve a use permit transfer and make the necessary minor modifications to the use permit to show the transferee as the permittee, if the transferor demonstrates to the Director the following conditions exist:
A. 
The transferor has not violated any provision of the use permit or of this chapter during the six-month period preceding the date of the transfer;
B. 
As of the date of the transfer, there are no unpaid charges or fees due to the CBPU from the transferor related to use of the POTW;
C. 
The application for the use permit filed by the transferor remains the same with respect to the discharge, facilities, and activities of the transferee, except as to the identity of the discharger; and
D. 
The transferor provides written evidence to the Director that a copy of the use permit has been provided to the transferee.
(2) 
If these conditions are not met, then no transfer shall occur and a new use permit is required.
(a) 
The following confidentiality provisions shall apply:
(1) 
All information and data submitted to the CBPU relating to matters regulated in this chapter are presumed not to be confidential.
(2) 
Information submitted pursuant to this chapter which the user deems confidential shall be clearly marked by the user on each page as to the portion or portions considered by the user to be confidential and accompanied by a written explanation from the user why the user considers the information confidential. Simply marking a page "confidential" imposes no obligation on the CBPU to keep the information confidential.
(3) 
Information furnished to the CBPU on the volume or characteristics of wastewater or pollutants discharged or proposed to be discharged into the POTW shall be available to the public or other governmental agency without restriction. Information that discloses trade secrets or secret processes and is clearly marked as such shall not be made available for inspection by the public except as required by the Michigan Freedom of Information Act, Act 442 of 1976, as amended (FOIA).[1] Such information shall be made available to governmental agencies, on written request, for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, and the pretreatment programs. However, all such information shall be available for use by the state, any state agency, or the CBPU in judicial review or any other enforcement proceedings involving the user furnishing the information. The Director shall notify any user, who has requested and is entitled to confidentiality, when the CBPU has sent such confidential information to another governmental agency.
[1]
Editor's Note: See MCLA § 15.231 et seq.
(4) 
Where a user has mass-based limits as allowed by certain CPS on a production basis, the production data necessary to determine compliance must also be provided by the user to the CBPU and be available to the public. Where application of the combined waste stream formula is necessary to apply categorical pretreatment standards to a user, the flow measurements and other data used in the calculation must be provided by the user to the Director and be available to the public.
(5) 
Observations made by CBPU inspectors are subject to the confidentiality provisions of this section, if the user specifies in writing to the CBPU inspector the observations made by the CBPU inspector for which the user seeks confidentiality.
(6) 
If a member of the public requests information which the user has marked confidential and for which the user has submitted a written explanation concerning its confidentiality, the Director shall notify the user of the request and of the CBPU's intention to release or not to release the information to the requestor.
(7) 
This § 1042.14 shall be interpreted in a manner which complies with FOIA.
(a) 
Pretreatment plan. Any user subject to an order to pretreat shall prepare a plan for pretreatment of its discharge to comply with the order. Such plan shall be submitted to the Director for approval within the period specified in the order and before implementation of the plan. The plan shall be prepared in accordance with good engineering practices. It shall state whether construction is necessary and include any measures that may be implemented without construction. The plan shall also contain a schedule of compliance as described in this section.
(1) 
Schedule of compliance. The schedule of compliance shall consist of one or more actions, including enforceable timetables for a sequence of actions leading to compliance with a pretreatment standard or other limitation, prohibition, or standard.
(2) 
Steps or phases. The following steps or phases shall be included in the schedule of compliance, where applicable and appropriate:
A. 
Retention of a qualified engineer and/or consultant.
B. 
Completion of any engineering or scientific investigations or surveys deemed necessary.
C. 
Preparation and submission of a preliminary plan to achieve pretreatment.
D. 
Preparation of plans and specifications, working drawings, or other engineering or architectural documents that may be necessary to effect pretreatment.
E. 
Establishment of a date to let any contract necessary for any construction.
F. 
Establishment of completion dates for any construction necessary.
G. 
Establishment of a date to accomplish the pretreatment pursuant to the final order.
H. 
Establishment of separate timetables for a phase or unit in the event a phase or unit of construction or implementation may be effected independently of another phase or unit.
(b) 
Amendment. The order shall be subject to amendment or revocation by the CBPU, provided that notice of such action is served upon the user in the same manner as in the original order and subject to the same procedure for review and appeal.
(c) 
Categorical pretreatment standards (CPS).
(1) 
Inclusion in standard. If a CPS is promulgated for a subcategory under which a user believes itself to be included, the user or the CBPU may request from the MDEQ within 60 days after the promulgation date a written determination of whether the user does or does not fall within that particular subcategory. Such request shall be made and reviewed in accordance with the procedures set forth in Michigan Rule R 323.2311, as amended. If an existing user adds or changes a process or operation that may be included in a subcategory, the user shall request the certification before commencing to discharge from the added or changed process or operation. A new source shall request the determination before commencing to discharge. If the CBPU requests the determination, then the CBPU shall notify the affected user of the submission and the user may provide written comments to the MDEQ within 30 days after notification is sent.
(2) 
Compliance date. A user to which a promulgated CPS applies shall achieve compliance with such standard in accordance with and within the time period provided for in Michigan Rule R 323.2311, as amended.
(a) 
Each user or person that uses or stores liquid material at its facilities shall, at its expense:
(1) 
Provide a storage or use area at its facilities which is capable of containing the liquid material so that liquid material cannot escape therefrom by gravity through private sewers, underground percolation and infiltration, or otherwise into the POTW in an amount which would result in a prohibited discharge to the POTW; and
(2) 
Establish and follow procedures for preventing, managing, and remediating accidental spills, leaks, or escapes of liquids.
(b) 
The Director may order the user or person to:
(1) 
Conduct an investigation to determine if any known or suspected spill, leak, or escape of liquid materials is being discharged, or has the potential for being discharged, to the POTW and to submit a written report on the findings of the investigation to the Director, including all analytical and hydrogeological data; and
(2) 
Take interim measures for immediate or emergency containment and remediation, for preventing, reducing, abating, or mitigating the effect(s) of a discharge of liquid material to the POTW.
(c) 
A significant nondomestic user shall submit to the CBPU a written description of its containment facilities and procedures within 30 days after being requested to do so by the Director.
(a) 
Compensatory charges. The CBPU may assess one or more compensatory charges, which are separate from and in addition to any fees, rates or surcharges due from a user, to recover any additional expense to the CBPU resulting from providing service to any user responsible for any of the following:
(1) 
Violating any limit or discharge prohibition established by this chapter where no order or use permit has been issued to that user;
(2) 
Violating the limits or discharge prohibitions contained in an order, SAL, or use permit applicable to that user.
(b) 
Applicability of compensatory charges. Any user shall be liable for one or more compensatory charges to reimburse the POTW for any costs, damages, expenses, fines or penalties (direct or indirect) that the CBPU may incur or that may be imposed on the CBPU in handling, treating, and responding to an unlawful discharge where the exceedance of the limits contained in this chapter, an order, SAL, or user permit causes or contributes to such costs, damages, expenses, fines or penalties.
(c) 
Amount of compensatory charges. The Director shall calculate the amount of the compensatory charges to be assessed against such user.
(d) 
Criteria for assessing compensatory charges. The amount of compensatory charges shall be based upon the following minimum criteria:
(1) 
The volume of the discharge;
(2) 
The length of time such discharge occurred;
(3) 
The composition of such discharge;
(4) 
The nature, extent, and degree of success the POTW may achieve in minimizing or mitigating the effect of such discharge;
(5) 
The toxicity, degradability, treatability, and dispersal characteristics of such discharges;
(6) 
Costs incurred by the CBPU to treat the discharges, including operation and maintenance, capital costs, replacement costs, sampling and analytical costs, sludge handling and disposal costs, and administrative costs;
(7) 
Costs incurred by the CBPU in investigating the user's violation and enforcing this chapter or an order or use permit applicable to the user;
(8) 
Fines and penalties imposed on the CBPU. The compensatory charges may also include the CBPU's costs of defense (including actual attorney fees, consultant fees, and sampling and analytical fees) of actions brought or threatened to be brought against the CBPU by the state or federal government or third parties;
(9) 
Any damages to the POTW or damages imposed upon the CBPU by the state or federal government or third parties;
(10) 
Such other factors as the Director deems appropriate under the circumstances.
(a) 
users shall reimburse the CBPU for its costs arising from implementing, administering, and enforcing this chapter, as follows:
(1) 
Use permit fees. Users shall pay a use permit application or reapplication fee, a use permit renewal fee, and a use permit transfer fee (in the event of a transfer of the use permit). Fees shall be established from time to time by resolution of the CBPU and kept on file by the CBPU. In addition to these fees, users shall reimburse the CBPU for any and all other expenses the CBPU incurs arising from:
A. 
Processing incomplete, incorrect, or otherwise unacceptable use permit applications;
B. 
Establishing special alternative limits or special arrangements, or local initiative limits;
C. 
Sampling and analyzing discharges to the POTW and inspecting users;
D. 
Enforcing use permits;
E. 
Producing and mailing copies of use permits;
F. 
Auditing and evaluating user self-monitoring data; and
G. 
Other activities in connection with issuing, administering, enforcing and transferring use permits.
(2) 
Other fees. The CBPU may establish other fees by use permit or order, as required for recovering the cost of implementing, administering, and enforcing this chapter.
(b) 
Publication of generally applicable fees. Before imposing generally applicable fees, the Director shall publish a notice describing such fees in the newspaper with the largest circulation in the City. The CBPU shall not be required to publish any notice regarding fees for which the amount is determined for a specific user based on case-specific facts or regarding the use permit application or renewal application fee, use permit issuance fee, use permit renewal fee, or the use permit transfer fee as set forth in Subsection (a) of this section.
The Director is hereby empowered to, either directly or through others:
(a) 
Supervise the implementation of this chapter;
(b) 
Establish and promulgate concentration limits and maximum allowable industrial loadings for specific pollutants, as listed in Tables 1, 2 and 3 in the Appendix at the end of this chapter;[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(c) 
Institute actions against all users violating this chapter, including judicial proceedings to enjoin, abate, and prosecute violations of this chapter;
(d) 
Review pretreatment plans;
(e) 
Make inspections and tests of existing and newly installed, constructed, reconstructed, or altered pretreatment equipment to ensure compliance with the provisions of this chapter;
(f) 
Investigate complaints of violations of this chapter; make inspections and observations of discharges; and record such investigations, complaints, inspections, and observations;
(g) 
Issue orders requiring compliance with this chapter;
(h) 
Determine and assess civil administrative penalties for violations of this chapter;
(i) 
Determine compensatory charges;
(j) 
Recommend to the City attorney of the City the institution of judicial proceedings to compel compliance with the provisions of this chapter or any determination or order which may be promulgated or issued pursuant to this chapter;
(k) 
Deny permits for discharges that do not meet the requirements of this chapter or that would cause the CBPU to violate its NPDES permit; and set conditions on new, increased, or changed discharges to the POTW;
(l) 
Set conditions on new, increased, or changed discharges;
(m) 
Perform other actions necessary or advisable for the management and operation of the POTW and the enforcement of this chapter and other applicable laws and regulations.
(a) 
Issuance of orders. Whenever the Director determines that any user has violated or is in danger of violating this chapter or other applicable laws or regulations which the CBPU is authorized to enforce, the Director may order the user to take action or refrain from certain actions as appropriate under the circumstances.
(b) 
Types of orders. The following orders may be issued by the Director:
(1) 
Immediate cease and desist. An order to immediately cease and desist from discharging any wastewater or pollutant which presents or may present imminent or substantial endangerment to the health or welfare of persons or the environment or which could cause interference or pass-through. Such order shall be final and in effect upon issuance;
(2) 
Cease discharge within a time certain. The Director may issue an order to cease discharge by a certain time and date. The order may also contain such conditions as deemed appropriate by the Director. Nonpayment of use permit fees and noncompliance with any term of a use permit are examples of sufficient cause for an order to cease discharge within a time certain.
(3) 
Order to perform. An order requiring a user subject to this chapter to perform any required action or to comply with any provision of this chapter, including, but not limited to, the following:
A. 
Submit samples;
B. 
Install sampling or monitoring equipment;
C. 
Submit reports;
D. 
Allow access for inspection, sampling, tests, monitoring, and investigations;
E. 
Install, operate, and maintain pretreatment equipment;
F. 
Reduce or eliminate a discharge or pollutants in a discharge or a characteristic of a discharge;
G. 
Pay use permit fees; or
H. 
Pay a compensatory charge.
(c) 
Content of orders. Any order issued by the Director shall generally state the factual basis and reasons for its issuance, the required action, and the time within which such action shall be taken. No such order shall be deemed insufficient for inconsequential errors and omissions in the facts or reasons for the order. If any user deems the information in the order insufficient, it may request additional information. Multiple orders may be issued simultaneously, separately, or in combination as a single order by the Director with respect to a single user.
(d) 
Consent orders. A user and the CBPU may enter into an order by consent and such order is enforceable by the CBPU in the same manner as any other order.
(e) 
Disconnection. The Director may physically disconnect a user from the POTW if the user violates any provision of an order, including an immediate cease and desist order.
(a) 
Issuance of notice of violation. The Director may issue a notice of violation with or without an order against any user deemed to be in violation or in danger of violating this chapter, a permit, or other applicable laws or regulations which the CBPU is authorized to enforce.
(b) 
Service. The notice of violation or the order shall be served upon the user either by personal delivery, first class mail addressed to such user, electronic mail, telecopy, telephone, or other means, including orally. If service is made orally, by telephone, or by electronic mail, a follow-up hardcopy notice shall be sent by the Director.
(c) 
Content of notice of violation. The notice of violation shall contain the following information:
(1) 
Date of issuance;
(2) 
Date(s), time(s), and place(s) of the violation; the nature of the violation; the substances discharged; and the volume of such discharge, to the extent that such information is known and applicable;
(3) 
Reference to the pertinent section of this chapter, permit, or other law or regulation under which the violation is charged;
(4) 
Reference to the pertinent law establishing fines or penalties for the violation;
(5) 
Potential penalties, fines, and compensatory charges;
(6) 
The right of the alleged violator to present to the Director written explanations, defenses, information, or other materials in answer to the notice of violation;
(d) 
Notice to municipality. Any notice of violation issued pursuant to this section upon any user within the corporate limits of any contract municipality shall be served upon such municipality in the manner provided in Subsection (b) of this section, and such municipality shall be given notice, also in the manner provided in Subsection (b) of this section, of all informal conferences conducted pursuant to such notice of violation and such municipality may participate as an amicus curiae.
(a) 
Informal conference. An informal conference with the Director may be requested in writing within 20 days by any user aggrieved by a notice of violation, order, compensatory charge, action on or regarding a use permit by the Director, or inaction by the Director for more than 60 days after the user makes a written request regarding a matter on which the CBPU or Director is authorized to take action under this chapter ("sixty-day inaction"). The request for an informal conference shall be submitted to the Director. The purpose of the informal conference is to reach a settlement agreeable to the user and the CBPU. The informal conference shall be held within 20 days after the user submits the written request for the informal conference to the Director. The Director is not required to reach a conclusion or render a decision after the informal conference. A user is not required to request or participate in an informal conference before seeking judicial review. Other persons from the CBPU or representing the CBPU and representatives of the user may attend and participate in the informal conference.
(b) 
If an immediate cease and desist order is the subject of a request for an informal conference, the informal conference shall be held as soon as possible, but not later than 20 days after the request is submitted.
(a) 
A user may appeal to the CBPU any notice of violation, order, compensatory charge, action on or regarding a use permit by the Director, or sixty-day inaction by filing a written request with the CBPU within 20 days after the later of:
(1) 
Ten days after the completion of the informal conference;
(2) 
The date the notice of violation, order, notice of compensatory charge, action on or regarding a use permit by the Director is served upon such user or upon the occurrence of the sixty-day inaction.
(b) 
The written request shall describe the matter appealed, a summary of the user's position, a copy of the notice or other document from the CBPU upon which the appeal is based, and any request by the user for a special expert member. No appeal may be taken to the CBPU of any action or decision which is specified in this chapter as being within the sole discretion of the Director.
(c) 
The CBPU may reject any written request for appeal which is not timely and does not conform to the requirements of this section. Upon receipt of a timely and conforming written request for appeal, the CBPU shall set a time for the Director and the user to appear before the CBPU to present evidence and arguments in support of their positions. The user and the Director may present witnesses and documentary evidence to the CBPU. Witnesses shall be sworn and shall be subject to cross-examination. The proceedings of the CBPU shall be recorded. The rules of evidence of the courts of the State of Michigan shall not be strictly applied by the CBPU but shall be a guide for the CBPU in determining which evidence to admit or exclude and what weight to give the evidence admitted. On receipt of a request for an appeal, the CBPU shall establish a timetable for the proceedings and shall promptly render a written decision stating its findings of fact and conclusions supporting its decision.
(d) 
Costs. If the user requests a transcript of the proceedings, the user shall pay the cost of preparing the transcript and shall provide a copy to the CBPU. The user and the CBPU shall pay their own costs of the CBPU proceeding, including but not limited to attorney fees, expert witnesses, other witnesses, documents, and tests. The user requesting the appeal to the CBPU shall pay a fee as established from time to time by resolution of the CBPU and kept on file by the CBPU. If the CBPU finds that the user filed a frivolous appeal, or in bad faith, which has no reasonable basis in fact or law, the CBPU may assess the user for all of the costs of the CBPU in connection with the appeal and the user shall pay the same within 30 days.
(e) 
Representatives of parties. The parties may be represented by attorneys in all proceedings before the CBPU.
Appeal from a final decision of the CBPU shall be to a court of law. Judicial review shall be limited to the record from the CBPU proceedings, unless the court allows additional material. The decision of the CBPU shall be reviewed by the court in accordance with the standard of review under applicable law for review of a decision where the person appealing had an opportunity for an evidentiary hearing as described in § 1042.23(c), if it is supported by substantial evidence and is not contrary to law. The user shall be required to exhaust all administrative remedies available under § 1042.23 before seeking judicial review.
(a) 
If a user makes a timely request for an informal conference under § 1042.22 or for an appeal to the CBPU under § 1042.23, the order, compensatory charge, or action on or regarding a use permit, which is the subject of a request for an informal conference or appeal to the CBPU, shall be stayed until a final determination is reached. The following shall not be stayed, except by order of a court of law:
(1) 
An immediate cease and desist order;
(2) 
An order or action on or regarding a user permit that involves an emergency situation, a threat to public health or safety, a threat to proper operation of the POTW, interference or pass-through, or a threat to the environment.
(3) 
Any action within the discretion of the Director.
Each day on which a violation of this chapter, a use permit, or an order occurs shall be a separate violation. Every violation of each section of this chapter shall be a separate violation.
(a) 
Civil judicial relief. The CBPU, through the City Attorney, may pursue an action at law or in equity to enjoin, abate, or prosecute any violation of this chapter, a use permit, or an order. The CBPU may seek temporary or permanent injunctive relief, damages, compensatory charges, civil penalties under Subsection (b) of this section, costs under §§ 1042.17 through 1042.21, and such other relief as a court may order.
(b) 
Civil penalties. In an action brought by the CBPU against a user for violation of this chapter, a use permit, or an order, a court may impose a civil penalty of up to $1,000 per day per violation. In calculating the amount of the penalty, the court shall consider the frequency of the violation; the impact on the POTW, human health, and the environment; the magnitude and duration of the violation; the economic benefit to the user from the violation; the compliance history of the user; and other factors deemed appropriate by the court.
(c) 
Municipal civil infraction; civil fine. The Director is authorized to issue a municipal civil infraction citation ("citation") for any violation of this chapter, a use permit, or an order, except for violations punishable under §§ 1042.29 and 1042.31. The civil fine for any violation of this chapter, a use permit, or an order shall be up to $1,000 per violation per day. In calculating the amount of the civil fine, the Director or the court, as applicable, shall consider the frequency of violation by the user, the impact on the POTW and human health and the environment of the violation, the magnitude and duration of the violation, the economic benefit to the user gained by the violation, the compliance history of the user, and other factors deemed appropriate by the court or the Director, as applicable.
(d) 
Cumulative remedies. The imposition of a single civil penalty, civil fine, criminal fine, order, damage, or compensatory charge upon a user for a violation of this chapter, a use permit, or an order shall not preclude the imposition by the Director or a court of additional sanctions and remedies with respect to the same violation except that a user shall not have both a civil penalty under Subsection (b) of this section and a civil fine under Subsection (c) of this section imposed on it for the same violation. Prosecution of a criminal action against a user shall not be stayed pending the outcome of a civil action involving the same violation.
(e) 
Compensatory charges. In addition to prosecution and the imposition of penalties and fines for violations, a user violating this chapter, a use permit, or an order shall be subject to one or more compensatory charges in accordance with this chapter.
Violations of this chapter, a permit, or an order are a public nuisance.
Violations - generally. Any user who willfully or intentionally violates any provision of this chapter or any order or use permit issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable as provided in § 202.99 of the City Code. Each day of violation is a separate offense. Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or a use permit or an order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter or a use permit shall, upon conviction, be guilty of a misdemeanor punishable as provided in § 202.99 of the City Code. Each day of violation is a separate offense.
A user shall have the affirmative defense in any action brought against it alleging a violation of § 1042.08(b)(4), (b)(6), (b)(7)D, (b)(8) or (b)(15) if the user can demonstrate both of the following:
(a) 
It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference.
(b) 
A local limit designed to prevent pass-through or interference was developed for each Pollutant in the user's discharge that caused pass-through or interference and the user was in compliance with each local limit directly before and during the pass-through or interference, or if a local limit designed to prevent pass-through or interference has not been developed for the Pollutant that caused pass-through or interference, the user's discharge directly before and during the pass-through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with its NDPES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.
Any person who violates the following subsections shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 202.99 of the City Code. The notice provisions of § 1042.21 shall not apply to this section.
(a) 
Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the POTW.
(b) 
Trespass. No person shall partially or fully enter or otherwise access any structure, appurtenance, or equipment which is a part of the POTW, except as specifically authorized by the Director.
Any charge, fee, cost, or other amount required to be paid under this chapter or under any ordinance or resolution of the City relating to use of the POTW which is not paid when due shall be a lien upon the premises served by the POTW. The amount may be certified to the tax assessor collected in the same manner that other special assessments are collected under the City Charter or by any other lawful means.
The Director shall publish, once per year in the largest daily newspaper in the City, a public notice of users which, at any time during the previous 12 months, were in significant noncompliance of federal, state, or CBPU pretreatment standards or requirements. For the purposes of this section, a user is in significant noncompliance if its violation(s) meets one or more of the following criteria:
(a) 
Chronic violations of discharge limits, defined here as results in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) the numeric pretreatment standard or requirement including the instantaneous limits for that pollutant parameter;
(b) 
Technical review criteria (TRC) violations, defined here as results in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, and fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) 
Any other violation of a pretreatment discharge limit (daily maximum, long-term average, instantaneous limit or narrative standard) or requirement that the Director determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of CBPU personnel or the general public);
(d) 
Any discharge of a pollutant that has caused imminent danger to human health, welfare, or to the environment, or has resulted in the Director's exercise of its emergency authority to halt or prevent such discharge;
(e) 
Failure to meet, by 90 days or more after the schedule date of a compliance schedule milestone contained in a use permit or order, for starting construction, completing construction, or attaining final compliance with pretreatment standards;
(f) 
Failure to provide required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within 30 days after the due date;
(g) 
Failure to accurately report noncompliance; or
(h) 
Any other violation or group of violations, which may include a violation of best management practices, which the Director determines will adversely affect the operation or implementation of the CBPU's pretreatment program.
(a) 
Upset liability. In the event of an upset, the upset shall be an affirmative defense for the user to an action against that user for fines, imprisonment, or civil penalties provided for in this chapter, but the user shall not have an affirmative defense to an action for compensatory charges and damages based on an upset. In any proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof by a preponderance of the evidence.
(b) 
Conditions necessary for a demonstration of upset. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that all of the following apply:
(1) 
An upset occurred and the user can identify the cause(s) of the upset;
(2) 
At the time of the upset, the facility was being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(3) 
The user submitted the following information to the CBPU within 24 hours of becoming aware of the upset (if this information was provided orally, a written submission was provided within five days):
A. 
A description of the discharge and cause of noncompliance;
B. 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
C. 
Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance;
(c) 
User responsibility in case of upset. The user shall control production or all discharges to the extent necessary to maintain compliance with CPS and other applicable discharge limits upon reduction, loss, failure, or abnormal condition of its process or treatment facility until the process and facility are 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 user's treatment facility is reduced, lost, or fails.
(a) 
Bypass notice. If a user knows in advance of the need for a bypass, it shall give notice to the Director if possible, at least 10 days before the date of the bypass, but in no case less than 24 hours after the user becomes aware of the need for a bypass.
(b) 
A user shall give oral notice of an unanticipated bypass that exceeds applicable CPS or other applicable discharge limits to the Director within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided to the Director within five days of the time the user becomes aware of the bypass. The written submission shall contain:
(1) 
A description of the bypass and its cause;
(2) 
The duration 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
(3) 
The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
(c) 
The Director may waive the written report if the oral report has been received within 24 hours.
(d) 
Prohibition of bypass. Bypass is prohibited, and the CBPU may take enforcement action against a user for a bypass, unless:
(1) 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and
(2) 
There were no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, 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 preventive maintenance; and
(3) 
The user gave notice required under Subsection (a) of this section.
(e) 
POTW-approved bypass. The CBPU may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in Subsection (d) of this section.
(f) 
Essential maintenance bypass. A user may allow a bypass to occur if the bypass does not cause pretreatment standards or requirements to be violated, but only if the bypass is also for essential maintenance to assure efficient operation. Such a bypass is not subject to the provisions of Subsections (a), (b) and (c) of this section.
All existing ordinances or parts of ordinances in conflict herewith are hereby repealed.
The invalidity of any section, clause, or provision in this chapter shall not affect the validity of any other part of this chapter which may be given effect without reliance upon any such invalid part or parts.