[Adopted 2-13-1990 by Ord. No. 59 (Ch. 32, Art. IV, Div.
2, of the 2007 Code of Ordinances)]
[Amended 1-8-2002 by Ord. No. 59-2001A; 2-13-2007 by Ord. No.
59-2007A]
A.
The purpose of this article is the protection of the environment,
and of public health and safety by abating and preventing pollution
through the regulation and control of the quantity and quality of
wastes admitted to or discharged into the wastewater collection and
treatment system under the jurisdiction of the Township and enabling
the Township to comply with all applicable state and federal laws
required by the Federal Water Pollution Control Act, being 33 U.S.C.
§ 1251 et seq., and the general pretreatment regulations,
being 40 CFR 403.
B.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the wastewater system
which will interfere with the operation of the system or contaminate
the resulting sludge, or will pose a hazard to the health or welfare
of the people or of employees of the City of Detroit Water and Sewerage
Department;
(2)
To prevent the introduction of pollutants into the wastewater system
which will pass inadequately treated through the system into receiving
waters, the atmosphere or the environment, or otherwise be incompatible
with the system;
(3)
To improve the opportunity to recycle or reclaim wastewater or sludge
from the system in an economical and advantageous manner; and
(4)
To provide for the recovery of the costs from users of the wastewater
collection and treatment system sufficient to administer regulatory
activities and meet the costs of the operation, maintenance, improvement
or replacement of the system.
C.
This article provides for the regulation of contributors to the Detroit
and Township wastewater collection and treatment system through the
issuance of wastewater discharge permits to certain users and through
the enforcement of general requirements for all users, authorizes
monitoring and enforcement, and authorizes fees and penalties.
By virtue of the obligations and authority placed upon the Township
by the Federal Water Pollution Control Act, also known as the "Clean
Water Act," as amended, being 33 U.S.C. § 1251 et seq.;
the 1963 Constitution of the State of Michigan; Part 31 of Public
Act No. 451 of 1994 (MCLA § 324.3101 et seq.); the 2012
City of Detroit Charter; the National Pollutant Discharge Elimination
System (NPDES) permit for the City of Detroit Publicly Owned Treatment
Works (POTW); the consent judgment in U.S. EPA v. City of Detroit
et al., Federal District Court for the Eastern District of Michigan
Case No. 77-1100, as amended; and existing or future contracts between
the Board of Water Commissioners and suburban communities or other
governmental or private entities; or by virtue of common law usage
of the system, this article shall apply to every user contributing
or causing to be contributed, or discharging, pollutants or wastewater
into the wastewater collection and treatment system of the City of
Detroit POTW.
[Amended 1-8-2002 by Ord. No. 59-2001A; 2-13-2007 Ord. No. 59-2007A]
For purposes of this article and unless the context specifically
indicates otherwise, the following terms and phrases shall have the
meanings ascribed to them by this section:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, being 33 U.S.C. § 1251 et
seq.
Engineering drawings prepared after installations of wastewater
facilities which shall show a statement by a registered engineer or
surveyor certifying this to be as-built plans and shall include, but
not be limited to, length of sewer, invert elevation, locations with
respect to property lines, wye and riser locations and depths, sewer
material and joints used, and mechanical, electrical, and structural
details for pump stations, wastewater treatment facilities, and other
appurtenances.
Responsible corporate officer, where the industrial user submitting
the reports required by this article is a corporation, who is either:
The president, vice president, secretary, or treasurer of a
corporation in charge of a principal business function, or any other
person who performs similar policy or decisionmaking functions for
the corporation; or
The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 in second-quarter 1980
dollars, when authority to execute documents has been assigned or
delegated to said manager in accordance with corporate procedures;
or
A general partner or proprietor where the industrial user submitting
the reports required by this article is a partnership or sole proprietorship
respectively.
The quantity of cyanide that consists of cyanide ion (CN),
hydrogen cyanide in water (HCNaq), and the cyano-complexes of zinc,
copper, cadmium, mercury nickel and silver, determined by EPA Method
OIA-1677, or other method designated as a standard method or approved
under 40 CFR 136.
Programs, practices, procedures or other directed efforts
initiated and implemented by the user which can or do lead to the
reduction, conservation or minimization of pollutants being introduced
into the ecosystem, including but not limited to the Detroit sewer
system. BMPs include, but are not limited to, equipment or technology
modifications, process or procedure modifications, reformulation or
redesign of products, substitution of raw materials, and improvements
in housekeeping, maintenance, training, or inventory control and may
include technical and economic considerations.
The quality of dissolved oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure five
days at 20° C. expressed in terms of mass and concentration [milligrams
per liter (mg/l)] as measured by standard methods.
The Board of Water Commissioners of the City of Detroit.
That part of the lowest horizontal piping of a drainage system
which receives discharge from soil, waste, and other drainage pipes
inside the walls of the building and conveys it to the building's
sewer (house sewer). The latter begins five feet outside the inner
face of the building wall.
The intentional diversion of a waste stream from any portion
of an industrial user's treatment facility. (See 40 CFR 403.17.)
Any facility that treats any hazardous or nonhazardous industrial
waste received from off site by tanker truck, trailer/roll-off bins,
drums, barges, or any other forms of shipment including:
Wastewater that is produced by an industrial user which has
a pollutant strength or characteristics similar to those found in
domestic wastewater, and which can be efficiently and effectively
transported and treated with domestic wastewater.
Pollutants which can be effectively removed by the POTW treatment
system to within the acceptable levels for the POTW residuals and
the receiving stream.
A collection of individual samples which are obtained at
regular intervals and collected on a time-proportional or flow-proportional
basis over a specified period and which provides a representative
sample of the average stream during the sampling period. A minimum
of four aliquot per 24 hours shall be used where the sample is manually
collected. (See 40 CFR 403, Appendix E.)
The information which would divulge information, processes
or methods of production entitled to protection as trade secrets of
the industrial user.
The judgment issued by Federal District Court on September
14, 1977, U.S. EPA v City of Detroit et al., CA No. 77-1100, as amended.
The Detroit Water and Sewerage Department which has been
officially designated as such by the state under the provisions of
40 CFR 403.12. [See 40 CFR 403.12(a).]
The noncontact water discharged from any use such as air
conditioning, cooling or refrigeration, and whose only function is
the exchange of heat.
The County of Oakland, State of Michigan, or the Oakland
County Water Resources Commissioner.
The County Water Resources Commissioner. References to the
"County Department of Public Works, County Drain Commissioner" shall
also mean County Water Resources Commissioner.[1]
Consecutive calendar days for the purpose of computing a
period of time prescribed or allowed by this article.
Charges levied to customers of the wastewater system which
are used to pay principal, interest and administrative costs of retiring
the debt incurred for construction of the wastewater system. The debt
service charge is separate and distinct and may be in addition to
the user charge as defined in this section.
The City of Detroit Water and Sewerage Department, and authorized
employees of the Department.
The discharge of treated or untreated wastewater directly
to the waters of the state.
The Director of the Detroit Department of Water and Sewerage,
or the Director's designee.
A person who, directly or indirectly, contributes, causes,
or permits wastewater to be discharged into the POTW.
Waste and wastewater from humans or household operations
which is discharged to, or otherwise enters, a treatment works.
The United States Environmental Protection Agency or, where
appropriate, the authorized representatives or employees of the EPA.
A location which contributes, causes or permits wastewater
to be discharged into the POTW including, but not limited to, a place
of business, endeavor, arts, trade or commerce, whether public or
private, commercial or charitable.
Any hydrocarbons, fatty acids, soaps, fats, waxes, oils,
and any other nonvolatile material of animal, vegetable or mineral
origin that is extractable by solvent in accordance with standard
methods.
A composite sample taken with regard to the flow rate of
the waste stream.
A pipe or conduit which is placed around the perimeter of
a building foundation and which intentionally admits groundwater.
An individual sample collected over a period of time not
exceeding 15 minutes, which reasonably reflects the characteristics
of the stream at the time of sampling.
Subsurface water occupying the saturation zone, from which
wells and springs are fed.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
The discharge or the introduction of pollutants into the
POTW from any nondomestic source regulated under 33 U.S.C. § 1317(b),
(c) or (d).
A person who contributes, causes or permits wastewater to
be discharged into the POTW, including, but not limited to, a place
of business, endeavor, arts, trade or commerce, whether public or
private, commercial or charitable but excludes single-family and multifamily
residential dwellings with discharges consistent with domestic waste
characteristics.
Any liquid, solid or gaseous waste or form of energy, or
combination thereof, resulting from any processes of industry, manufacturing,
business, trade or research, including the development, recovery or
processing of natural resources.
Any waters entering the system from the ground, through such
means, as but not limited to, defective pipes, pipe joints, connections
or manhole walls. Infiltration does not include and is distinguished
from inflow.
The total quantity of water from both infiltration and inflow.
Any waters entering the system through such sources as, but
not limited to, building downspouts, footing or yard drains, cooling
water discharges, seepage lines from springs and swampy areas, and
storm drain cross-connections.
A discharge which, alone or in conjunction with a discharge
from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (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 more stringent state
or local regulations): Section 405 of the Clean Water Act, as amended,
being 33 U.S.C. § 1345, the Solid Waste Disposal Act (SWDA),
as amended, [including the Resource Conservation and Recovery Act
(RCRA), and 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.
A prefix denoting jurisdiction by the Township.
"May" is permissive.
Charter Township of Oakland.[2]
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with 33 U.S.C. § 1317(b) and (c)
which applies to a specific class or category of industrial users.
A permit issued pursuant to 33 U.S.C. § 1342.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under 33 U.S.C. § 1317(c) which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation is constructed
at a site where no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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
are substantially independent, factors such as 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, should be considered.
Construction on a site where an existing source is located resulting 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 A(2) or (3) of this definition but otherwise alters, replaces, or adds to existing process or production equipment; or
Construction of a new source has commenced where the owner or
operator has:
Begun, or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities that are
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
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 or 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 section.
All work, materials, equipment, utilities and other effort
required to operate and maintain the wastewater transportation and
treatment system consistent with ensuring adequate treatment of wastewater
to produce an effluent in compliance with the NPDES permit and other
applicable state and federal regulations, and includes the cost of
replacement.
The owners of record of the freehold of the premises or lesser
estate therein, a mortgagor or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, or other person, firm or corporation
in control of a building.
Discharge which exits the POTW into waters of the United
States in quantities or concentrations, which alone or in conjunction
with a discharge from other sources, is a cause of a violation of
any requirement of the POTW's NPDES permit including an increase
in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, unit
of government, school district, or any other legal entity, or their
legal representatives, agent or assigns.
The intensity of the acid or base condition of a solution,
calculated by taking the negative base-ten logarithm of the hydrogen
ion activity. Activity is deemed to be equal to concentration in moles
per liter.
Any dredged spoil, solid waste, incinerator residue, sewage
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, or industrial, municipal and agricultural waste
which is discharged into water.
The introduction of any pollutant that, alone or in combination
with any other substance, can or does result in the degradation or
impairment of the chemical, physical, biological or radiological integrity
of water.
The reduction of the amount of pollutants, the removal of
pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into the POTW. The reduction,
removal or alteration may be attained by physical, chemical or biological
processes, or process changes by other means, except as prohibited
by federal, state or local law, rules and regulations.
Any substantive or procedural requirements related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user. [See 40 CFR 403.3(r).]
All national categorical pretreatment standards, the general prohibitions specified in 40 CFR 403.5(a), the specific prohibitions delineated in 40 CFR 403.5(b), and the local or specific limits developed pursuant to 40 CFR 403.5(c), including the discharge prohibitions specified in § 415-21B.
A prefix denoting jurisdiction by a nongovernmental entity.
A prefix denoting jurisdiction by any governmental subdivision
or agency.
A sewer of any type controlled by a governmental entity.
A treatment works as defined by 33 U.S.C. § 1292(2)(A),
which is owned by a state or municipality, as defined in 33 U.S.C.
§ 1362, including:
Any devices and systems used in the storage, treatment, recycling,
or reclamation of municipal sewage or industrial waste of a liquid
nature;
Sewers, pipes and other conveyances only if they convey wastewater
to a POTW treatment plant; or
The municipality, as defined in 33 U.S.C. § 1362,
which has jurisdiction over the indirect discharges to and the discharges
from such a treatment works.
That portion of the POTW designed to provide treatment to
wastewater, including recycling and reclamation of wastewater.
The measurement of the concentration of a contaminant obtained
by using a specified laboratory procedure calculated at a specified
concentration above the detection level. It is considered the lowest
concentration at which a particular contaminant can be quantitatively
measured using a specified laboratory procedure for monitoring of
the contaminant.
The replacement in whole or in part of any equipment, appurtenances
and accessories in the wastewater transportation or treatment systems
to insure continuous treatment of wastewater in accordance with the
NPDES permit and other applicable state and federal regulations.
Any sample of wastewater, which accurately and precisely
represents the actual quality, character, and condition of one or
more pollutants in the waste stream being sampled. Representative
samples shall be collected and analyzed in accordance with 40 CFR
136.
The portion of wastewater that is not attributable to industrial
activities and is similar to discharges from domestic sources, including,
but not limited to, discharges from sanitary facilities and discharges
incident to the preparation of food for on-site noncommercial consumption.
Any area whose wastewater is received by the Township or
the county for the transmission for treatment by the City of Detroit
DWSD.
A pipe or conduit that carries wastewater or discharge water.
See the following definitions modifying sewer:
BUILDING SEWERIn plumbing, the extension from the building drain to the public sewer or other place of disposal. Also called "house connection."
COMBINED SEWERA sewer intending to receive both wastewater and stormwater, surface or drainage water.
COMMON SEWERA sewer in which all owners of abutting properties have equal rights.
COUNTY SEWERA public sewer controlled by the county agency.
INTERCEPTING SEWERA sewer that received dry-weather flow from a number of transverse sewers of outlets in frequently additional predetermined quantities of stormwater, if from a combined system, and conducts such waters to a point for treatment of disposal.
LATERAL SEWERThat portion of the sewer system located under the street, within the street right-of-way, or easement and which collects sewage from a particular property for transfer to the trunk line or interceptor. A sewer which is designed to receive a building sewer.
MUNICIPAL SEWERA public sewer exclusive of a county sewer or City of Detroit sewer.
PUBLIC SEWERA common sewer controlled by a governmental agency or public utility.
SANITARY SEWERA sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of groundwater, stormwater, surface water and drainage water and are not admitted intentionally.
STORM SEWERA sewer that carries stormwater and surface water, street wash and other wash waters, or drainage, but excludes domestic wastewater and industrial wastewater. Also called a "storm drain."
TRUNK SEWER or TRUNK LINEA sewer which connects the lateral sewer to the intercepting sewer and to which building sewers may be connected.
The sum of the applicable user charge, surcharges and debt
service charges.
"Shall" is mandatory.
Any user of the POTW who:
Has an average discharge flow of 25,000 gallons per day or more
of process wastewater excluding sanitary, boiler blowdown, and noncontact
cooling water;
Has discharges subject to the national categorical pretreatment
standards;
Requires pretreatment to comply with the specific pollutant
limitations of this article;
Has in its discharge toxic pollutants as defined pursuant to
33 U.S.C. § 1317, or other applicable federal and state
laws or regulations, that are in concentrations and volumes which
are subject to regulation under this article as determined by the
department;
Is required to obtain a permit for the treatment, storage or
disposal of hazardous waste pursuant to regulations adopted by this
state or adopted under the Federal Solid Waste Disposal Act, as amended
by the Federal Resource Conservation and Recovery Act, as amended,
and may or does contribute or allow waste or wastewater into the POTW,
including, but not limited to, leachate or runoff; or
Is found by the City of Detroit or the Township to have a reasonable
potential for adverse effect, either singly or in combination with
other contributing industries, on the POTW operation, the quality
of sludge, the POTW's effluent quality, or air emissions generated
by the POTW.
Any violation which meets one or more of the following criteria:
"Chronic violations of wastewater discharge limits," defined
as those in which 66% or more of all of the measurements taken during
a six-month period exceed by any magnitude the daily maximum limit
or the average limit for the same parameter;
"Technical review criteria (TRC) violations," defined as those
in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the daily maximum limit or the average limit multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and
1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent limit (daily
maximum or longer- term average) that the department determines has
caused, alone or in combination with other discharges, interference
or pass-through including endangering the health of POTW personnel
or the general public;
Any discharge of a pollutant that has caused imminent endangerment
to human health or welfare, or to the environment, or has resulted
in the POTW's exercise of its emergency authority;
Failure to meet a compliance schedule milestone contained in
a local control mechanism, or enforcement order for starting construction,
completing construction, or attaining final compliance within 90 days
after the scheduled date;
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;
Failure to accurately report noncompliance; or
Any other violation or group of violations which the department
determines will adversely affect the operation or implementation of
the local pretreatment program.
Any discharge of a nonroutine episodic nature including,
but not limited to, an accidental spill or a noncustomary bath discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987, as amended.
Methods set forth in 40 CFR 136, "Guidelines for Establishing
Test Procedures for Analysis of Pollutants" or the laboratory procedures
set forth in the latest edition, at the time of analysis, of "Standard
Methods for the Examination of Water and Wastewater" prepared and
published jointly by the American Public Health Association, the American
Water Works Association, and the Water Pollution Control Federation,
or methods set forth in 40 CFR 136, "Guidelines for Establishing Test
Procedures for Analysis of Pollutants." Where these two references
are in disagreement regarding procedures for the analysis of a specific
pollutant, the methods given in 40 CFR 136 shall be followed.
State of Michigan.[3]
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The Director of the Township Department of Public Works or
his duly authorized representative.
The Township Supervisor of the Township or his/her authorized
representative.[4]
The total suspended matter which floats on the surface of,
or is suspended in, water, wastewater or other liquids, and is removable
by laboratory filtration or as measured by standard methods.
The equivalent to the total amount of potable water used
by a municipality as recorded by a master water meter for sewered
premises, and shall include, but not be limited to, fire protection
water, gardening and lawn water.
The sum of the individual analytical results for each of
the PCB Aroclors 1016, 1221, 1232, 1242, 1248, 1254, and 1260 during
any single sampling event with any aroclor result less than the quantification
level being treated as zero.
The sum of the individual analytical results for each of
the phenolic compounds of 2-chlorophenol, 4-chlorophenol, 4-chloro-3-methylphenol,
2,4-dischlorophenol, 2,4-dinitrophenol, 4-methylphenol, 4-nitrophenol,
and phenol during any single sampling event expressed in mg/l.
Charter Township of Oakland.[5]
Any pollutant or combination of pollutants designated as
toxic in regulations promulgated by the administrator of the United
States Environmental Protection Agency under the provisions of the
Clean Water Act, being 33 U.S.C. § 1317, or included in
the Critical Materials Register promulgated by the State Department
of Environmental Quality, or by other federal or state laws, rules
or regulations.
The whole, or any portion or phase, of any proprietary manufacturing
process or method, not patented, which is secret, is useful in compounding
an article of trade having a commercial value, and whose secrecy the
owner has taken reasonable measures to prevent from becoming available
to persons other than those selected by the owner to have access for
limited purposes but excludes any information regarding the quantum
or character of waste products or their constituents discharged or
sought to be discharged into the Detroit wastewater treatment plant,
or into the wastewater system tributary thereto.
An exceptional incident in which there is unintentional and
temporary noncompliance with limits imposed under this article or
with national categorical pretreatment standards due to factors beyond
the reasonable control of the industrial user but excludes noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventative
maintenance, or careless or improper operation.
Any person who, directly or indirectly, contributes, causes
or permits the discharge of wastewater into the POTW as defined in
this section.
A charge levied on users of a treatment works for the cost
of operation and maintenance of sewerage works pursuant to Section
204(b) of PL 92-500 and includes the cost of replacement.
The liquid and water-carried industrial or domestic wastes
of dwellings, commercial buildings, industrial facilities, and institutions,
whether treated or untreated, which are contributed to or permitted
to enter the POTW including infiltration and inflow waters, stormwater,
and cooling water.
Permits issued by the department in accordance with § 415-21D.
Groundwater, lakes, rivers, streams, all other watercourses
and waters within the confines of this state as well as bordering
this state in the form of the Great Lakes.
[Amended 1-8-2002 by Ord. No. 59-2001A; 2-13-2007 by Ord. No.
59-2007A]
For purposes of this article, the following acronyms shall have
the meanings designated by this section:
|
BMR
|
Baseline monitoring report
|
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
DWSD
|
Detroit Water and Sewerage Department
|
|
EPA
|
Environmental Protection Agency
|
|
FOG
|
Fats, oil or grease
|
|
1
|
Liter
|
|
MDEQ
|
Michigan Department of Environmental Quality
|
|
mg
|
Milligrams
|
|
mg/l
|
Milligrams per liter
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
P
|
Phosphorus
|
|
POTW
|
Publicly owned treatment works
|
|
RCRA
|
Resource Conservation and Recovery Act, being 42 U.S.C. § 6901
et seq.
|
|
SIC
|
Standard Industrial Classification
|
|
SWDA
|
Solid Waste Disposal Act, being 42 U.S.C. § 6901 et
seq.
|
|
TSS
|
Total suspended solids
|
|
U.S.C.
|
United States Code
|
A.
Generally. All sanitary sewer systems connected directly or indirectly
into the intercepting sewer or sewers of the County Department of
Public Works shall meet the requirements set forth in this section.
B.
Plans, permits and bonds.
(1)
Prior to connection and prior to start of construction, all sanitary
sewer systems shall have engineering plans and specifications prepared
by a professional engineer and shall be approved by the County Department
of Public Works.
(2)
A connection permit shall be obtained by the owner or contractor
from the County Department of Public Works. Said connection permit
shall show the location of the work, the extent of the work, information
regarding the contractor, the owner and the engineer, and any other
pertinent information as shall be determined necessary by the Department
of Public Works. A fee shall be charged for said permit to cover the
cost of inspection of each connection, and to verify the result of
the acceptance test. The permit fee shall be for each connection plus
for each new manhole constructed. Inspection requested during other
than normal working hours shall be performed only if deemed necessary
by the County Department of Public Works. The fee for such inspection
shall be in addition to the normal connection permit fee.[1]
(3)
Individual building sewers which are directly connected into the
county sanitary sewer system shall conform to all applicable requirements
of this article. A connection permit, for which a charge will be made
by the County Department of Public Works, shall be obtained from the
Department of Public Works before such connection is made. Prior to
the issuance of such connection permit, the person obtaining such
permit shall have obtained the written approval of the local unit
of government. Connection shall be made in a workmanlike manner and
in accordance with methods and procedures established by the Department
of Public Works. The party to whom such a permit is issued shall be
responsible for notifying the Department of Public Works 24 hours
in advance of the date and time when such a connection is made so
that proper inspection of same can be made by the Department.[2]
(4)
Prior to the adjustment, reconstruction, relocation or any other
altering of the sewers of the county, including manhole structures,
the contractor or the person responsible for the work shall first
obtain a permit to do such work from the County Department of Public
Works. Said permit fee shall be determined by the Department of Public
Works.
(5)
Prior to construction and during the life of permits obtained in accordance with Subsection B(2), (3) and (4) of this section, all owners or contractors shall: yearly furnish to the County Department of Public Works a satisfactory surety bond as security for the faithful performance of the work in accordance with the plans and specifications and departmental standards, and yearly furnish to the County Department of Public Works a cash deposit. Such deposit shall provide funds for emergency work and/or such other work as may be deemed necessary by the County Department of Public Works, arising as a result of construction by the owner or contractor. Such bonds shall not be cancelled by the owner, the contractor or the surety without first having given 10 days' written notice to the County Department of Public Works. Cash deposits may be returned to the owner or contractor within 10 days of receipt of written request therefor, except that no deposits will be returned until such time as all outstanding permits have received final inspection and approval. In the event that it becomes necessary for the County Department of Public Works to expend funds for work arising as a result of construction by the owner or the contractor, then the cost of such work shall be deducted from the aforementioned cash deposit. The owner or contractor shall have the right and opportunity to correct any deficiencies promptly before any deposit funds will be spent by the County Department of Public Works. The owner or contractor shall, within 30 days of the mailing of written notice thereof, pay to the County Department of Public Works the entire amount of such cost. Failure to comply with these rules and regulations and the standards of the County Department of Public Works may result in the immediate termination of the surety and cash bonds.[3]
C.
Bulkhead. The contractor shall install a suitable bulkhead to prevent
construction water, sand, silt, etc., from entering the existing sewer
system. Such bulkhead shall be left in place until such time as removal
is authorized by the County Department of Public Works.
D.
Acceptance test. All sanitary sewer systems shall be subjected to infiltration, air, or exfiltration tests or a combination thereof in accordance with the following requirements prior to acceptance of the system by the County Department of Public Works and prior to removal of the bulkhead as required in Subsection C of this section. All final acceptance tests shall be witnessed by the County Department of Public Works.
(1)
Infiltration test. All sewers over twenty-four-inch diameter shall
be subjected to infiltration tests. All sewers of twenty-four-inch
diameter or smaller where the groundwater level above the top of the
sewer is over seven feet shall be subjected to an infiltration test.
Maximum allowable infiltration shall not exceed 250 gallons per inch
of diameter per mile of pipe per 24 hours for the overall project.
Maximum allowable infiltration shall not exceed 500 gallons per inch
of diameter per mile of pipe per 24 hours for any individual run between
manholes.
(2)
Air test or exfiltration test.
(a)
All sewers of twenty-four-inch diameter or less, where the groundwater
level above the top of the sewer is seven feet or less, shall be subjected
to air tests or exfiltration tests.
(b)
For exfiltration tests, the internal water level shall be equal
to the external water level plus seven feet as measured from the top
of pipe. The allowable exfiltration rate shall be the same as that
permitted from infiltration.
(c)
The procedure for air testing of sewers shall be as follows:
[1]
The sewer line shall be tested in increments between manholes.
The line shall be cleaned and plugged at each manhole. Such plugs
shall be designed to hold against the test pressure and shall provide
an airtight seal. One of the plugs shall have an orifice through which
air can be introduced into the sewer. An air supply line shall be
connected to the orifice. The air supply line shall be fitted with
suitable control valves and a pressure gauge for continually measuring
the air pressure in the sewer. The pressure gauge shall have a minimum
diameter of 3 1/2 inches and a range of 0 to 10 PSIG. The gauge
shall have minimum divisions of 0.10 PSIG and an accuracy of plus
or minus 0.04 PSIG.
[2]
The sewer shall be pressurized to four PSIG greater than the
greatest back pressure caused by groundwater over the top of the sewer
pipe. At least two minutes shall be allowed for the air pressure to
stabilize between 3.5 and four PSIG. If necessary, air shall be added
to the sewer to maintain a pressure of 3.5 PSIG or greater.
[3]
After the stabilization period, the air supply control valve
shall be closed so that no more air will enter the sewer. The sewer
air pressure shall be noted and timing for the test begun. The test
shall not begin if the air pressure is less than 3.5 PSIG, or such
other pressure as is necessary to compensate for groundwater level.
[4]
The time required for the air pressure to decrease 1.0 PSIG
during the test shall not be less than the time shown in the "Oakland
County Department of Public Works Air Test Tables."
[5]
Manholes on sewers to be subjected to air tests shall be equipped
with a one-half-inch-diameter galvanized capped pipe nipple extending
through the manhole, three inches into the manhole wall and at an
elevation equal to the top of the sewer pipe. Prior to the air test,
the groundwater elevation shall be determined by blowing air through
the pipe nipple to clear it and then connecting a clear plastic tube
to the pipe nipple. The tube shall be suspended vertically in the
manhole and the groundwater elevation determined by observing the
water level in the tube. The air test pressure shall be adjusted to
compensate for the maximum groundwater level above the top of the
sewer pipe to be tested. After all tests are performed and the sewer
is ready for final acceptance, the pipe nipple shall be plugged in
an acceptable manner.
(3)
If a sewer fails to pass any of the previously described tests, the
contractor shall determine the location of the leaks, repair them
and retest the sewer. The tests shall be repeated until satisfactory
results are obtained. All visible leaks and cracks shall be repaired
regardless of test results.
E.
Stormwater and groundwater control.
(1)
Yard drains, patio drains, catch basins, downspouts, weep tile, perimeter and footing drains or any other structure used for the collection and conveyance of stormwater and/or groundwater shall not be permitted to discharge into any sanitary sewer connected directly or indirectly to the county system, except as provided under Subsection E(2) of this section.
(2)
Perimeter and footing drains from buildings existing before July
23, 1981, shall not be required to disconnect from the sanitary sewer
system, provided that federal, state or local law or regulation does
not require, or may not require subsequent to the adoption of these
standards and regulations, the disconnection of such perimeter and
footing drains.[4]
(3)
The crock-to-iron joint shall be sealed by approved flexible adaptor
fittings such as those manufactured by Fernco Joint Sealer Company,
or as approved by the County Department of Public Works. The iron
pipe inside the building shall be plugged and leaded and remain plugged
and watertight until such time as the plumbing is carried on to the
first floor, the basement backfilled and the roof is on the building,
thereby providing that no water from the excavated basement will enter
the sanitary sewer.
F.
Building sewers. House connection sewer from lateral sewer in street
or easement to within five feet from house shall be:
(1)
Six-inch-diameter extra-strength vitrified sewer pipe, manufactured
in accordance with current NCPI Designation ER 4-67 Standards, or
equal, with DPW-approved premium joint;
(2)
Six-inch-diameter Class 2400 asbestos cement pipe with Ring-Tite,
Fluid-Tite or DPW-approved joint;
(3)
Six-inch-diameter, service strength, cast-iron soil pipe with hot
poured lead joint, or DPW-approved equal;
(4)
Six-inch-diameter extra-strength (ES) solid wall pipe extruded from
Acrylonitrile-Butadiene-Styren (ABS) plastic meeting the minimum cell
classification 2-2-3 as defined in ASTM Specification D1788-68; or
(5)
Other pipe and joints as may be approved by the County Department of Public Works. Copies of the County Department of Public Works approved joint shall be on file at the offices of each community in the systems. House connection sewers shall be six-inch minimum diameter, except that four-inch pipe of comparable strength and joint material may be used if permitted by the local unit of government. All joints shall be tight and when tested for infiltration, or exfiltration, shall not exceed the requirements of Subsection D of this section.
G.
Septic tank abandonment and waste disposal.
(1)
Prior to connecting an individual building sewer to the sewers of
the county, either directly or indirectly, all existing wastewater
treatment facilities, including septic tanks, tile fields, and sump
pumps shall be physically and permanently disconnected from the building
sewer.
(2)
Septic tank sludge shall be discharged into the sewers of the county,
directly or indirectly, only at locations specified by the County
Department of Public Works, and only after obtaining proper septic
tank dumping tickets.
(3)
The liquid and solids from an abandoned septic tank shall not be
drained, dewatered, pumped or in any other manner discharged to the
sewers of the county, except as provided for above.
H.
Ownership, operations and maintenance responsibility. All new sanitary
sewer systems, except individual building sewers, connected directly
or indirectly into the intercepting sewer or sewers of the county
shall be owned, operated and maintained by the governing community.
This includes, but is not necessarily limited to, on-site sewer systems
serving condominiums, apartment projects, shopping centers and mobile
home parks.
I.
Manholes.
(1)
All manholes constructed on sanitary sewer systems shall be provided
with lid frames bolted to the cone section of the manhole with rubber
O-ring gaskets compressed between the frame and the top of the cone
in accordance with the current "Standard Manhole Detail" of the County
Department of Public Works. Adjustments to manhole tops shall be accomplished
by using precast concrete adjustment rings bolted to the cone section
of the manhole with rubber O-ring gaskets compressed between each
adjacent ring. Mortar and brickwork adjustment at the top of manholes
will not be allowed. All manhole riser and cone sections shall have
modified groove and tongue joint with rubber gasket. The bolted frame,
bolts, adjustment rings and O-ring gaskets shall be in accordance
with the standards of the County Department of Public Works.
(2)
All manholes shall be provided with bolted waterproof covers in accordance
with the current "Standard Manhole Detail" of the County Department
of Public Works. Although not recommended, and only under certain
circumstances, consideration will be given to the burying of manholes
in lieu of providing bolted covers and only upon written request to
the County Department of Public Works.
J.
As-built plans. Prior to the acceptance of any sewer system and prior to the removal of the bulkhead as required in Subsection C of this section (except under extenuating circumstances as may be approved by the Director), as-built plans shall be provided to the County Department of Public Works. Said as-built plans shall show a statement by a registered engineer or surveyor certifying this to be "as-built plans" and shall include, but not be limited to, length of sewer, invert elevation, locations with respect to property lines, wye and riser locations and depths, and sewer material and joints used.
K.
Requirements for connection. All combined sewer systems connected
directly or indirectly to the intercepting sewer of the county shall
meet the following requirements:
(2)
Prior to acceptance of the system and prior to removal of the bulkhead as required under Subsection C of this section, all combined sewer systems shall be subjected to an infiltration test in accordance with the infiltration requirements of the County Department of Public Works as outlined in Subsection D of this section. Said test shall be witnessed by the County Department of Public Works.
(3)
Downspouts and footing drain tile may be connected to a combined
sewer if permitted by the local unit of government.
(4)
No requirements of the County Department of Public Works, or permits
issued hereunder by said Department, shall relieve the property owner
of complying with all the rules and regulations of the local unit
of government, wherein such property is located, when such rules and
regulations are not in conflict with the requirements of the Department
of Public Works.
(5)
All sewer construction shall comply with the general specifications
of the County Department of Public Works. Copies of said specifications
may be obtained from the office of the Department of Public Works.
(6)
Construction of new combined sewer systems shall be prohibited except
when no prudent or feasible alternative exists.
A.
Scope. This section sets forth the procedures and regulations governing
the granting of permits to connect into the Twelve Towns Relief Drains
directly and to all other county drains that are tributary directly
or indirectly to the facilities under the jurisdiction of the Clinton-Oakland
Sewage Disposal System.[1]
B.
General regulations.
(1)
Each municipality is requested to furnish an up-to-date plan of its
sewerage system. The plan should include the location, size and direction
of flow in all existing sewers. Sewers should be identified as separated
or combined. Pumping stations, flow regulation and diversion structure
should be shown.
(2)
Plans for laterals shall be submitted in the name of the municipality
by the municipal officials or a firm of consulting engineers officially
authorized to do so. Generally, this authority will be vested in the
Township Engineer or a single firm of consulting engineers retained
as the Township Engineer. All plans submitted to this office shall
bear the signature of the above designated official.
(3)
A letter requesting the approval of plans by the County Water Resources
Commissioner's office and the State Department of Environmental
Quality shall be addressed to the County Water Resources Commissioner
and be accompanied by a minimum of five sets of plans. Upon approval
of the plans, the Water Resources Commissioner's office will
retain one set and forward the remaining sets to the State Department
of Environmental Quality along with a letter requesting their approval.
Copies of this letter will be sent to the applicant municipality and
the consulting engineer. The State Department of Environmental Quality,
upon its approval of the plans, will return at least three sets of
approved plans bearing the construction permit number to the applicant
municipality. The applicant municipality will keep one set, send one
set to the County Water Resources Commissioner and send one set to
the consulting engineer. In the event that the applicant municipality
or consulting engineer require an extra set of approved plans, additional
sets shall be included with the initial request for approval.
(4)
Plan detail. Plans submitted to this office for review must meet
the following requirements:
(a)
General location plan which shows the relationship to existing
sewerage facilities, including outlet sewer interceptors, pumping
stations, etc.
(b)
Detail plan and profile drawings along with criteria of hydraulic
design (storm frequency, line capacity, line velocities, tributary
areas, etc.).
(c)
Material and construction standards, regular and special.
C.
Regulations governing connections in combined sewer areas (including
Twelve Towns Relief Drains and county combined drains tributary thereto).
(1)
A connection permit must be obtained prior to connection from the
Oakland County Water Resources Commissioner's Office. A legal
description of the property to be served by the connection is required.
(2)
The fee as determined by the Water Resources Commissioner for connection
permits shall be as adopted by resolution by the Township Board from
time to time which is to cover the cost of the inspection of the tap.
(3)
The connection to the county drain will be made under the supervision
of an inspector from the Water Resources Commissioner's office
in accordance with approved plans of said connection.
(4)
A minimum of 24 hours' notice (excluding Saturday, Sunday, and
holidays) must be given prior to tap to enable this office to arrange
for inspection.
(5)
Requests for inspection shall be directed to the technician charged
with the responsibility of permit issuance.
(6)
All lines connected to county drains shall be clean (free from silt,
dirt, debris, etc.).
(7)
Yard drains, catch basins, downspouts, weep tile, perimeter drains
or other structures used for the collection and conveyance of stormwater
will be permitted to outlet into the county combined drains, provided
said properties lie within said combined drainage district.
(8)
The contractor, during the construction of a lateral, shall install
a suitable bulkhead to prevent sand, silt, dirt or other debris from
entering the county drain. Upon work completion and removal of any
debris that may have collected, the contractor shall contact the inspection
office for permission to remove the bulkhead.
(9)
A connection from any industrial plant or facility using chemical
processes shall be provided with a readily available sampling point
(manhole or equivalent).
(10)
All wastes discharged into county drains shall meet the standards
as specified in the current City of Detroit ordinance governing domestic
and industrial wastes.
D.
Regulations to prevent the discharge of stormwater and groundwater
into the Clinton-Oakland Sewage Disposal System from those areas lying
outside the designated combined sewer area.[2]
(1)
System requirements. All sanitary sewer systems (NOTE: "System" defined
as a lateral having two or more connections. A construction permit
from the State Department of Environmental Quality is required for
a sewer system.) (lying in these areas of the COSDS district, designated
as separated) to be connected directly or indirectly into the intercepting
sewer or sewers of the Clinton-Oakland Sewage Disposal System (COSDS)
prior to connection shall meet the following requirements:
(a)
A connection permit shall be obtained by the owner or contractor
from the County Water Resources Commissioner's office. Said connection
permit shall show the location of the work, the extent of the work,
information regarding the contractor, the owner and the engineer,
the scheduled date of infiltration test and any other pertinent information
as shall be determined necessary by the County Water Resources Commissioner.
A fee shall be charged for said permit to cover the cost of inspection
of the connection and system connected.
(b)
All sewer systems shall be subjected to infiltration, air, or
exfiltration tests or a combination thereof in accordance with the
following requirements prior to acceptance of the system by the County
Water Resources Commissioner's office.
[1]
Infiltration test. All sewers over twenty-four-inch diameter
shall be subjected to infiltration tests. All sewers of twenty-four-inch
diameter or smaller where the groundwater level above the top of the
sewer is over seven feet shall be subjected to an infiltration test.
[2]
Maximum allowable infiltration. Maximum allowable infiltration
shall not exceed 250 gallons per inch of diameter per mile of pipe
per 24 hours for the overall project. Maximum allowable infiltration
shall not exceed 500 gallons per inch of diameter per mile of pipe
per 24 hours for any individual run between manholes.
[3]
Air test or exfiltration test.
[a]
All sewers of twenty-four-inch diameter or less,
where the groundwater level above the top of the sewer is seven feet
or less, shall be subjected to air tests or exfiltration tests.
[b]
For exfiltration tests the internal water level
shall be equal to the external water level plus seven feet as measured
from the top of pipe. The allowable exfiltration rate shall be the
same as that permitted from infiltration.
[c]
The procedure for air testing of sewers shall be
as follows:
[i]
The sewer line shall be tested in increments between
manholes. The line shall be cleaned and plugged at each manhole. Such
plugs shall be designed to hold against the test pressure and shall
provide an airtight seal. One of the plugs shall have an orifice through
which air can be introduced into the sewer. An air supply line shall
be connected to the orifice. The air supply line shall be fitted with
suitable control valves and a pressure gauge for continually measuring
the air pressure in the sewer. The pressure gauge shall have a minimum
diameter of 3 1/2 inches and a range of 0 to 10 PSIG. The gauge
shall have minimum divisions of 0.10 PSIG and an accuracy of ±
0.04 PSIG.
[ii]
The sewer shall be pressurized to 4.0 PSIG greater
than the greatest back pressure caused by groundwater over the top
of the sewer pipe. At least two minutes shall be allowed for the air
pressure to stabilize between 3.5 and 4.0 PSIG. If necessary, air
shall be added to the sewer to maintain a pressure of 3.5 PSIG or
greater.
[iii]
After the stabilization period, the air supply
control valve shall be closed so that no more air will enter the sewer.
The sewer air pressure shall be noted and timing for the test begun.
The test shall not begin if the air pressure is less than 3.5 PSIG,
or such other pressure as is necessary to compensate for groundwater
level.
[iv]
The time required for the air pressure to decrease
1.0 PSIG during the test shall not be less than the time shown in
the "Oakland County Drain Commissioner's Air Test Tables."
[v]
Manholes on sewers to be subjected to air tests
shall be equipped with a one-half-inch-diameter galvanized capped
pipe nipple extending through the manhole, three inches into the manhole
wall and at an elevation equal to the top of the sewer pipe. Prior
to the air test, the groundwater elevation shall be determined by
blowing air through the pipe nipple to clear it and then connecting
a clear plastic tube to the pipe nipple. The tube shall be suspended
vertically in the manhole and the groundwater elevation determined
by observing the water level in the tube. The air test pressure shall
be adjusted to compensate for the maximum groundwater level above
the top of the sewer pipe to be tested. After all tests are performed
and the sewer is ready for final acceptance, the pipe nipple shall
be plugged in an acceptable manner.
[vi]
If a sewer fails to pass any of the previously
described tests, the contractor shall determine the location of the
leaks, repair them and retest the sewer. The tests shall be repeated
until satisfactory results are obtained.
[vii]
All visible leaks and cracks shall be repaired
regardless of test results.
(2)
Stormwater and groundwater control.
(a)
Yard drains, patio drains, catch basins, downspouts, weep tile,
perimeter and footing drains or any other structure used for the collection
and conveyance of stormwater and/or groundwater shall not be permitted
to discharge into any sanitary sewer connected directly or indirectly
to the county system, except as provided below;
(b)
Perimeter and footing drains from buildings existing before
July 23, 1981, shall not be required to disconnect from the sanitary
sewer system, provided that federal, state or local law or regulation
does not require, or may not require subsequent to the adoption of
these standards and regulations, the disconnection of such perimeter
and footing drains.
(c)
The crock-to-iron joint shall be sealed by approved flexible
adaptor fittings such as those manufactured by Fernco Joint Sealer
Company, or as approved by the County Water Resources Commissioner's
office. The iron pipe inside the building shall be plugged and leaded
and remain plugged and watertight until such time as the plumbing
is carried on to the first floor, the basement backfilled and the
roof is on the building, thereby providing that no water from the
excavated basement will enter the sanitary sewer.
(3)
Building sewers.
(a)
House connection sewer from lateral sewer in the street or easement
five feet from house shall be:
[1]
Six-inch-diameter extra-strength vitrified sewer pipe, manufactured
in accordance with current NCPI designation ER 4-67 Standards, or
equal, with Water Resources Commissioner approved premium joint;
[2]
Six-inch-diameter ABS plastic solid wall sewer pipe conforming
to ASTM designation D-2751 SDR 35 or 23.5;
[3]
Six-inch-diameter PVC plastic solid wall sewer pipe conforming
to ASTM designation ASTM D-3034 SDR 35 or ASTM D-2665 Schedule 40;
or
[4]
Other pipes and joints as may be approved by the County Water
Resources Commissioner.
(b)
House connection sewers should be six-inch minimum diameter;
however, four-inch pipe of comparable strength and joint material
may be used if permitted by the local unit of government. All joints
shall be tight and when tested for infiltration, shall not exceed
500 United States gallons per inch of diameter, per mile, per 24 hours.
(c)
The crock-to-iron joint shall be sealed by an approved bituminous
filler, enclosed in concrete to provide a watertight seal. The iron
pipe inside the building shall be plugged and leaded and remain plugged
and watertight until such time as the plumbing is carried on to the
first floor, thereby providing that no water from the excavated basement
will enter the sanitary sewer.
(d)
The municipality shall issue tap permits for each structure
that is connected into the COSDS and be responsible to see that the
above specifications pertinent to materials and installations are
followed.
(4)
The COSDS, through its agent, the Water Resources Commissioner, shall,
at his option, be permitted to set up and operate flow-metering equipment
to gauge sanitary flow, either on a temporary or permanent basis,
in any sanitary sewer lying within the said "separated areas."
(5)
Plans and specifications covering the construction of all new sewers,
both combined and sanitary (separate), lying within the COSDS service
area shall be submitted to the office of the County Water Resources
Commissioner for review and approval prior to construction.
(6)
The quality of domestic and industrial waste outletted into the COSDS
facilities shall conform to the current City of Detroit ordinance
pertinent to domestic and industrial wastes. It is the contractual
obligation of the municipality, reference Section 16 of the contract
with county, to use COSDS facilities to enforce these standards.
(7)
No requirements of the COSDS or permits issued hereunder by said
system through its agent, the County Water Resources Commissioner,
shall relieve the property owner of complying with all the rules and
regulations of the local unit of government, wherein such property
is located, where such are not in conflict with requirements of the
COSDS.
(8)
All sewer construction shall comply with the general specifications
of the County Water Resources Commissioner; copies of said specifications
may be obtained from the office of the Water Resources Commissioner.
[Amended 1-8-2002 by Ord. No. 59-2001A; 2-13-2007 by Ord. No.
59-2007A]
A.
Delegation of authority. The City of Detroit, through the Detroit
Water and Sewerage Department, as the state-approved control authority,
is authorized to administer and enforce the provisions of this section
on behalf of the Township. The Township has executed and hereby ratifies
its delegation agreement with the City of Detroit through the Detroit
Water and Sewerage Department, which sets forth the terms and conditions
of such delegated authority, consistent with these sections, and shall
allow the Detroit Water and Sewerage Department to perform the specific
responsibilities of control authority pursuant to state and federal
law.
B.
Discharge prohibitions.
(1)
General pollutant prohibitions. No user shall discharge or cause
to be discharged into the POTW, directly or indirectly, any pollutant
or wastewater which will cause interference or pass-through. These
general discharge prohibitions shall apply to all users of the POTW
whether or not the user is subject to national categorical pretreatment
standards or to any other federal, state, or local pretreatment standards
or requirements. In addition, it shall be unlawful for a user to discharge
into the POTW:
(a)
Any liquid, solid or gas, which by reason of its nature or quantity,
is sufficient either alone or by interaction with other substances
to create a fire or explosion hazard or to be injurious in any other
way to persons, to the POTW, or to the operations of the POTW. Pollutants,
which create a fire or explosion hazard in a POTW, include, but are
not limited to, waste streams with a closed cup flashpoint of less
than 140° F. or 60° C. using the test methods specified in
40 CFR 261.21;
(b)
Any solid or vicious substance in concentrations or quantities,
which are sufficient to cause obstruction to the flow in a sewer or
other encumbrances to the operation of the POTW, including, but not
limited to, grease, animal guts or tissues, bones, hair, hides or
fleshlings, entrails, whole blood, feathers, ashes, cinders, sand,
cement, spent lime, stone or marble dust, metal, glass, straw, shavings,
grass clippings, rags, strings, fibers, spent grains, spent hops,
wastepaper, wood, plastic, tar, asphalt residues, residues from refining
or processing of fuel or lubrication oil, mud or glass grinding or
polishing wastes, or tumbling and deburring stones;
(c)
Any wastewater having a pH of less than 5.0 units or greater
than 11.5 units;
(d)
Any wastewater containing petroleum oil, nonbiodegradable cutting
oil, products of mineral oil origin, or toxic pollutants in sufficient
concentration or quantity either singly or by interaction with other
pollutants to cause interference, or pass-through, or constitute a
hazard to humans or animals;
(e)
Any liquid, gas, solid or form of energy, which either singly
or by interaction with other waste is sufficient to create toxic gas,
vapor, or fume within the POTW in quantities that may cause acute
worker health and safety problems, or may cause a public nuisance
or hazard to life, or are sufficient to prevent entry into the sewers
for their maintenance and repair;
(f)
Any substance which is sufficient to cause the POTW's effluent
or any other product of the POTW, such as residue, sludge, or scum
to be unsuitable for reclamation processing where the POTW is pursuing
a reuse and reclamation program. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge use
or disposal criteria guidelines or regulations developed under 33
U.S.C. § 1345, with any criteria, guidelines, or developed
and promulgated regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Federal Clean Air Act,
the Federal Toxic Substances Control Act, or with state criteria applicable
to the sludge management method being used;
(g)
Any substance which will cause the POTW to violate either the
Consent Judgment in U.S. EPA v. City of Detroit et al., Federal District
Court for the Eastern District of Michigan Case No. 77-1100, or the
City of Detroit's National Pollutant Discharge Elimination System
permit;
(h)
Any discharge having a color uncharacteristic of the wastewater
being discharged;
(i)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in interference, but
in no case wastewater with a temperature at the introduction into
a public sewer which exceeds 150° F. or which will cause the influent
at the wastewater treatment plant to rise above 104° F. (40°
C.);
(j)
Any pollutant discharge which constitutes a slug;
(k)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
in compliance with applicable federal or state regulations;
(l)
Any floating fats, oil or grease which are sufficient to cause
interference with or pass through the POTW; or
(m)
Any solid materials having a specific gravity greater than 1.2
or a cross-section dimension of 1/2 inch or greater which are sufficient
to cause interference with the POTW.
(2)
Specific pollutant prohibitions. No user shall discharge wastewater
containing in excess of the following limitations:
(a)
Compatible pollutants. See Appendix C[1] to this section.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(b)
Noncompatible pollutants. No user shall discharge wastewater
containing in excess of:[2]
|
Arsenic (As)
|
1.0 mg/l
| |
|
Cadmium (Cd)
|
See Appendix C to this section (Editor's Note: Appendix C is included as an attachment to this chapter.)
| |
|
Chromium (Cr)
|
25.0 mg/l
| |
|
Copper (Cu)
|
2.5 mg/l
| |
|
Cyanide (CN) (available)
|
1.0 mg/l
| |
|
Iron (Fe)
|
1,000.0 mg/l
| |
|
Lead (Pb)
|
1.0 mg/l
| |
|
Mercury (Hg)
|
0.005 mg/l
| |
|
Nickel (Ni)
|
5.0 mg/l
| |
|
Silver (Ag)
|
1.0 mg/l
| |
|
Zinc (Zn)
|
7.3 mg/l
| |
|
Total phenolic compounds or see Appendix B to this section (Editor' Note: Appendix B is included as an attachment to this chapter.)
|
1.0 mg/l
|
|
All limitations are based on samples collected over an operating
period representative of an industrial user's discharge, and
in accordance with 40 CFR 136.
|
[1]
The limitation for total PCB is nondetect. Total PCB shall not be discharged at detectable levels, based upon United States EPA Method 608, and the quantification level shall not exceed 0.2 ugm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of total PCB, the user shall be required to demonstrate compliance. For purposes of this section, this demonstration may be made using analytical data showing that the total PCB concentration is below the detection level, or submission of a BMP in accordance with Subsection I(4) of this section.
[2]
The limitation of mercury (Hg) is nondetect. Mercury (Hg) shall not be discharged at detectable levels, based upon United States EPA Method 245.1, and the quantification level shall not exceed 0.2 ugm/l, unless a higher level is appropriate because of demonstrated sample matrix interference. Where one or more samples indicate detectable levels of mercury, the user shall be required to demonstrate compliance. For the purposes of this section, this demonstration may be made using analytical data showing that the mercury concentration is below the detection level, or submission of a BMP in accordance with Subsection I(4) of this section. All limitations are based on samples collected over an operating period representative of an industrial user's discharge, and in accordance 40 CFR 136.
(c)
Compliance period. Within 30 days of the effective date of the
ordinance from which this subsection is derived, the department shall
notify all industrial users operating under an effective wastewater
discharge permit of the requirement to submit a compliance report
within 180 days after the effective date of the ordinance from which
this subsection is derived. The compliance report shall demonstrate
the user's compliance or noncompliance with these limitations,
and, in the event of noncompliance, include the submission of a plan
and schedule for achieving compliance with the stated limitation.
In no event shall a compliance schedule exceed 18 months from the
effective date of the ordinance from which this subsection is derived.
An industrial user who does not demonstrate compliance may petition
the department for a second extension as part of an administrative
consent order. The department shall include appropriate monitoring,
reporting, and penalties into an administrative consent order that
relates to a second extension, and shall enter into such an agreement
only upon a good-faith showing by the industrial user of the actions
taken to achieve compliance with this provision.
(3)
National categorical pretreatment standards. All users shall comply
with the applicable national categorical pretreatment standards and
requirements promulgated pursuant to the act as set forth in 40 CFR
Subchapter N, Effluent Guidelines and Standards, which are hereby
incorporated by reference and with all other applicable standards
and requirements; provided, however, that where a more stringent standard
or requirement is applicable pursuant to state law or regulation,
or to this article, then the more stringent standard or requirement
shall be controlling. Affected dischargers shall comply with applicable
reporting requirements under 40 CFR 403 and as established by the
department. The national categorical pretreatment standards, which
have been promulgated as of the effective date of the ordinance from
which this section is derived, are delineated in Appendix A[3] to this section.
(a)
Intake water adjustment. Industrial users seeking adjustment
of national categorical pretreatment standards to reflect the presence
of pollutants in their intake water must comply with the requirements
of 40 CFR 403.15. Upon notification of approval by the department,
the adjustment shall be applied by modifying the permit accordingly.
Intake water adjustments are not effective until incorporated into
an industrial user's permit.
(b)
Modification of national categorical pretreatment standards.
The department may apply to the United States Environment Protection
Agency, or to the State Department of Environmental Quality, whichever
is appropriate, for authorization to grant removal credits in accordance
with the requirements and procedures in 40 CFR 403.7. Such authorization
may be granted only when the POTW treatment plant can achieve consistent
removal for each pollutant for which a removal credit is being sought,
provided that any limitation of such pollutants in the NPDES permit
neither are being exceeded nor pose the prospect of being exceeded
as a result of the removal credit being granted. Where such authorization
is given to the department, any industrial user desiring to obtain
such credit shall make an application to the department, consistent
with the provisions of 40 CFR 403.7 and of this article. Any credits
which may be granted under this section may be subject to modification
or revocation as specified in 40 CFR 403.7, or as determined by the
department. A requisite to the granting of any removal credit may
be that the industrial user pay a surcharge based upon the amounts
of such pollutants removed by the POTW, such surcharge being based
upon fees or rates which the Board may establish and, when appropriate,
revise from time to time. Permits shall reflect, or be modified to
reflect, any credit granted pursuant to this section.
(c)
New sources. Industrial users who meet the new sources criteria
shall install, maintain in operating condition, and start up all pollution
control equipment required to meet applicable pretreatment standards
before beginning to discharge. Within the shortest feasible time and
not to exceed 90 days, new sources must meet all applicable pretreatment
standards.
(d)
Concentration and mass limits. When limits in a categorical
pretreatment standard are expressed only in terms of mass of pollutant
per unit of production, the department may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day
or effluent concentration for purposes of calculating effluent limitations
applicable to individual industrial users. Equivalent limitations
shall be calculated in accordance with 40 CFR 403.6(c)(3) and/or 40
CFR 403.6(c)(4) and shall be deemed pretreatment standards for the
purposes of 33 U.S.C. § 1317(d) and of this article. Industrial
users will be required to comply with the equivalent limitations in
lieu of the promulgated categorical standards from which the equivalent
limitations were derived.
(e)
Reporting requirements for industrial users upon effective date
of categorical pretreatment standards-baseline report. Within 180
days after the effective date of a categorical pretreatment standard,
or 180 days after the final administrative decision made upon a category
determination submission under 40 CFR 403.6(a)(4), whichever is later,
existing industrial users subject to such categorical pretreatment
standards and currently discharging into or scheduled to discharge
into the Detroit POTW shall submit to the department a report containing
the information listed in 40 CFR 403.12(b)(1) through (7). Where reports
containing this information have already been submitted to the director
or regional administrator in compliance with the requirement of 40
CFR 128.140(b), the industrial user will not be required to resubmit
this information. At least 90 days before commencement of any discharge,
each new source and any existing sources that become industrial users
after the promulgation of an applicable categorical pretreatment standard
shall submit to the department a report which contains the information
listed in 40 CFR 403.12(b)(1) through (5). In such report, new sources
shall include information concerning the method of pretreatment the
source intends to use to meet applicable pretreatment standards. New
sources shall provide estimates of the information requested in 40
CFR 403.12(b)(4) and (5).
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(4)
Dilution prohibited. Except where expressly authorized to do so by
an applicable pretreatment standard or requirement, no user shall
increase the use of process water, or in any way dilute or attempt
to dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in
the national categorical pretreatment standards, or in any other pollutant
specific limitation or requirement imposed by the Township, the City
of Detroit or by the state.
(5)
Hauled-in wastewater. Any waste material or wastewater which is hauled into or within the service region for discharge to the POTW is subject to the requirements of this article, including, but not limited to, permits, inspection, monitoring and enforcement. Unloading liquid or solid waste from hauling vehicles, directly or indirectly, into the POTW, with or without the benefit of pretreatment, is prohibited unless the person proposing to unload such waste has applied for and received a permit from the department for unloading such waste in accordance with the Board's rules pertaining thereto. The discharger shall be subject to applicable terms and conditions, surcharges, fees or rates as established by the Board. Hauled-in wastewater shall only be discharged at points designated by the POTW after authorization or approval issued pursuant to the general permit requirements specified in Subsection D of this section. The department may establish specific limitations for sludge from municipally owned or operated POTW treatment plants which are different than the specific limitations in this article.
(6)
Centralized waste treatment. It is unlawful for a centralized waste
treatment (CWT) facility to discharge any industrial waste or wastewater
into the POTW without a wastewater discharge permit from the department.
Any authorization granted, or permit issued, by the department to
a centralized waste treatment (CWT) facility shall specify the type
of wastewater for which treatment is provided, and discharge approval
is sought, from the POTW. Unless such industrial waste or wastewater
is determined by the department to require further authorization,
a centralized waste treatment (CWT) facility that has submitted an
application to, and received previous approval from, the department
to discharge wastewater is not required to obtain further authorization
from the department before discharging such wastewater. An industrial
user, that provides centralized waste treatment services and files
an application for the treatment and discharge of such types of wastewater
to the POTW, shall provide the following minimum information in support
thereof:
(a)
The general nature, source and process generating the type of
wastewater. Any wastewater, which is generated from those processes
and is subject to national categorical pretreatment standards as delineated
in Appendix A[4] to this section, shall be so designated;
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
(b)
The identity of the toxic pollutants known or suspected to be
present in the wastewater;
(c)
At least one sample report showing the results of an analysis for the EPA priority pollutants for each type of wastewater for which application is made in Subsection F(1) of this section;
(d)
A statement, that is certified by a professional engineer, which
addresses the treatability and compatibility of the wastewater, received
or collected by the facility's treatment process;
(e)
The identity of the materials and/or pollutants whose transport
or treatment are regulated by the EPA, by the state, or by any other
governmental agency. Upon request, the centralized waste treatment
(CWT) facility shall provide a copy of its permit and/or license to
the department; and
(f)
Other information requested by the department including, but not limited to, information required by Subsection D(3)(a) through (r) of this section, or by rules adopted by the Board. The discharge from a centralized waste treatment (CWT) facility will be deemed approved for those specific types of wastewater delineated in a permit and, upon issuance of such permit in accordance with the procedures contained in Subsection D of this section, will be deemed approved for discharge into the POTW. The centralized waste treatment (CWT) facility shall comply with all applicable provisions contained in Subsection D of this section regarding permits. In furtherance of its obligations as control authority, the department may include in the permit a requirement to report at selected intervals the information mandated in Subsection B(6)(a) through (f) of this section. All users granted a permit under this section shall maintain records which, at a minimum, identify the source, volume, character, and constituents of the wastewater accepted for treatment and disposal. These records may be reviewed at any time by the department.
(7)
Groundwater discharges. Unless authorization has been granted by the department, the discharge of any groundwater into the POTW is prohibited. The department may authorize the discharge of groundwater resulting from maintenance and related activities of gas, steam, or electrical utilities through the use of general permits. Subject to appropriate reporting requirements, the general permit shall authorize discharge in accordance with the terms of the permit. Utilities shall comply with this provision within 180 days after its enactment. If a person, who proposes to discharge groundwater resulting from purge, response activity, or UST projects, has applied for and received a permit from the department, the department may authorize the discharge of such wastewater. Permits shall be issued in accordance with the procedures contained in Subsection D of this section, or in accordance with any rules adopted by the Board.
(8)
Township right of revision. The City of Detroit and the Township
reserve the right to establish rules or regulations adopted by the
Board, additional or more stringent limitations or requirements on
discharges to the POTW. Ninety days after adoption by the Board, industrial
users shall comply with such rules and regulations.
(9)
Accidental discharges.
(a)
Each industrial user, which does not currently have an approved
spill prevention plan or slug control plan, shall provide protection
from accidental discharge of prohibited materials or other substances
regulated by this article, and all significant industrial users shall
submit to the department detailed plans which show facilities and
operating procedures to be implemented to provide protection against
such accidental discharges. Facilities and measures to prevent and
abate accidental discharges shall be implemented, provided, and maintained
at the owner's or industrial user's cost or expense. Unless
the significant industrial user has an approved spill prevention or
slug control plan, all existing significant industrial users shall
complete and submit such a plan within 60 days of the effective date
of the ordinance from which this section is derived. New significant
industrial users shall submit such a plan prior to the time they commence
discharging. For purposes of this section, the information provided
shall include the approximate average and maximum quantities of such
prohibited materials or substances kept on the premises in the form
of raw materials, chemicals and/or waste therefrom and the containment
capacity for each. Only substances that are in a form which could
readily be carried into the POTW and constitute a concentration of
5% or greater in the raw material, chemical solution or waste material,
are required to be reported. Volumes of less than 55 gallons, or the
equivalent thereof, need not be reported unless lesser quantities
could cause pass-through or cause interference with the POTW. The
industrial user shall promptly notify the department of any significant
changes or modifications to the plan including, but not limited to,
a change in the contact person, or substance inventory.
(b)
At least once every two years, the department shall evaluate
whether a significant industrial user needs a plan to control slug
discharges, as defined by 40 CFR 403.8(f)(2)(v). Unless otherwise
provided, all significant users shall complete, implement, and submit
such a plan within 30 days of notification by the department.
(10)
Notification requirements. Unless a different notice is provided by this article or applicable law, within one hour of becoming aware of a discharge into the POTW which exceeds or does not conform with federal, state or Township laws, rules, regulations or permit requirements, or which could cause problems to the POTW, or which has the potential to cause the industrial user to implement its plan prepared in accordance with Subsection B(9)(a) of this section, the industrial user shall telephone the department at its control center and notify the department of the discharge. The notification shall include the name of the caller, the location and time of discharge, the type of wastewater, the estimated concentration of excessive or prohibited pollutants and estimated volume, and the measures taken, or being taken, to abate the discharge into the POTW. Within five calendar days after the discharge, the industrial user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences and, when required by the department, the industrial user's wastewater discharge permit may be modified to include additional measures to prevent such future occurrences. Such notification shall not relieve the industrial user of any expense, cost of treatment, loss, damages or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other environmental impairment or any other damage to person or property.
(11)
Notice to employees. A notice shall be permanently posted on
the industrial user's bulletin board, or other prominent place,
advising employees whom to contact in the department in the event
of an actual or excessive or prohibited discharge.
(12)
Recovery of costs. Any user discharging in violation of any
of the provisions of this article, which produces a deposit or obstruction,
or causes damage to or impairs the department's POTW, or causes
the department to violate its NPDES permit, shall be liable to the
department for any expense, loss, damage, penalty or fine incurred
by the department because of said violation or discharge. Prior to
assessing such costs, the department shall notify the user of its
determination that the user's discharge was the proximate cause
of such damage, obstruction, impairment, or violation of the city's
NPDES permit and the department's intent to assess such costs
to the user. Any such notice shall include written documentation which
substantiates the determination of proximate cause and a breakdown
of cost estimates. Failure to pay the assessed costs shall constitute
a violation of this article. Such charge shall be in addition to,
and not in lieu of, any penalties or remedies provided under this
article, or this Code, or other statutes and regulations, or at law
or in equity.
(13)
Hazardous waste notification. All industrial users, who discharge
into the Township collection system, shall notify the department in
writing of any discharge of a substance which, if otherwise disposed
of, would be a hazardous waste as set forth in 40 CFR 261. Such notification
must comply with the requirements of 40 CFR 403.12(p).
(14)
Authorized representative. The authorized representative, as defined in § 415-17, may designate a duly authorized representative of the individual designated in Subsection A or B of the definition of the "authorized representative of industrial user" in § 415-17 where:
(b)
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility where
the industrial discharge originates, such as the position of plant
manager, operator of a well or well field superintendent, or a position
of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
(c)
The written authorization is submitted to the department.
(15)
Pollution prevention. The department shall encourage and support
industrial users to develop and implement pollution prevention programs
which eliminate or reduce pollutant contributions beyond the levels
required by this article. The department may require an industrial
user to implement pollution prevention initiatives or BMPs as part
of an enforcement response, or as necessary to comply with its NPDES
permit.
C.
Fees.
(1)
The purpose of this subsection is to provide for the recovery of
costs from users of the POTW. The applicable charges or fees established
by the Board shall be sufficient to meet the costs of the operation,
maintenance, improvement or replacement of the system, or as provided
by law or by Board action.
(2)
The Board shall adopt charges and fees which shall include, but not
be limited to:
(a)
Fees for reimbursement of costs of establishing, operating,
maintaining, or improving the department's industrial waste control
and pretreatment programs;
(b)
User fees based upon volume of waste and concentration or quantity
of specific pollutants in the discharge, and treatment costs including
sludge handling and disposal;
(c)
Reasonable fees for reimbursement of costs for hearings including,
but not limited to, expenses regarding hearings officers, court reporters,
and transcriptions; and
(d)
Other fees, which the Board may deem necessary, to carry out
the requirements contained herein, or as may be required by law.
D.
Wastewater discharge permits.
(1)
Required. It shall be unlawful for users to discharge into the POTW any wastewater which will cause interference or pass-through, or otherwise not comply with the discharge prohibitions of Subsection B of this section. It shall be unlawful for a significant industrial user to discharge into the POTW without a wastewater discharge permit from the Detroit Water and Sewerage Department. Unless otherwise expressly authorized by the department through permit, order, rule or regulation, any discharge must be in accordance with the provisions of this article.
(a)
All significant industrial users, which are in existence on the effective date of the ordinance from which this section is derived, shall apply for a wastewater discharge permit within 30 days of the effective date of the ordinance from which this section is derived. Significant industrial users who are currently operating with a valid wastewater discharge permit are not subject to this provision. These applications are to include all information specified in Subsection D(3) of this section and, where applicable, any additional information which may be needed to satisfy the federal baseline monitoring report requirements of 40 CFR 403.12(b).
(b)
All new significant users shall apply for a wastewater discharge permit at least 90 days prior to commencement of discharge. The application must include all information specified in Subsection D(3) of this section and, where applicable, any additional information that may be needed to satisfy the federal BMR requirements of 40 CFR 403.12(b). Until a permit is issued and finalized by the department, no discharge shall be made into the POTW.
(2)
Permit application or reapplication. The department may require any
user to complete a questionnaire and/or a permit application and to
submit the same to the department for determining whether the industrial
user is a significant user, or to determine changes in the wastewater
discharges from a user's facility. Within 30 days of being so
notified, a user shall comply with the department's request in
the manner and form prescribed by the department. Failure of the department
to so notify a user shall not relieve the user of the duty to obtain
a permit as required by this article.
(a)
A user, which becomes subject to a new or revised national categorical pretreatment standard, shall apply for a wastewater discharge permit within 90 days after the promulgation of the applicable national categorical pretreatment standard, unless an earlier date is specified or required by 40 CFR 403.12(b). The existing user shall provide a permit application which includes all the information specified in Subsection D(3) and (7) of this section.
(b)
A separate permit application shall be required for each separate
facility.
(c)
Existing permittees shall apply for permit reissuance a minimum
of 90 days prior to the expiration of existing permits on a form prescribed
by the department.
(3)
Application or reapplication information. In support of an application
or reapplication for a wastewater discharge permit, the industrial
user shall submit, in units and terms appropriate for evaluation,
the following information:
(b)
Name and title of the authorized representative of the industrial
user who shall have the authority to bind the industrial user financially
and legally;
(c)
All SIC numbers of all processes at this location according
to the Standard Industrial Classification Manual, issued by the Executive
Office of the President, Office of Management and Budget, 1987, as
amended;
(d)
Actual or proposed wastewater constituents and characteristics for each parameter listed in the permit application form. Such parameters shall include those applicable pollutants having numeric limitations as enumerated in Subsection B(1) and (2) of this section, those pollutants limited by national categorical pretreatment standards regulations for applicable industries and any toxic pollutants known or suspected to be present in the discharge, regulated in the previous permit, or specifically requested by the Detroit Water and Sewage Department. For each parameter, the expected or experienced maximum and average concentrations during a one-year period shall be provided. For industries subject to national categorical pretreatment standards or requirements, the data requested herein shall be separately shown for each categorical process waste stream. Combined waste streams proposed to be regulated by the combined waste-stream formula shall also be identified. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to 33 U.S.C. § 1314(g) and contained in 40 CFR 136, as amended. Where 40 CFR 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the administrator;
(e)
A listing and description of activities, facilities and plant processes on the premises. Those processes, which are subject to national categorical pretreatment standards or requirements, shall be so designated. As pertains to Subsection D(3)(d) of this section, identify which pollutants are associated with each process;
(f)
Restricted to only those pollutants referred to in Subsection D(3)(d) of this section, a listing of raw materials and chemicals which are either used in the manufacturing process or could yield the pollutants referred to in Subsection D(3)(d) of this section. Any user claiming immunity from having to provide such information for reasons of national security shall furnish acceptable proof of such immunity;
(g)
A description of typical daily and weekly operating cycles for
each process in terms of starting and ending times for each of the
seven days of the week;
(h)
Denote:
[1]
The average and maximum twenty-four-hour wastewater flow rates including,
if any, daily, monthly and seasonal variations;
[2]
Each national categorical process waste-stream flow rate and the
cooling water, sanitary water and stormwater flow rates separately
for each connection to the POTW; and
[3]
Each combined waste stream;
(i)
A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW; also a flow schematic showing which connections receive each national categorical process waste stream and which connections receive stormwater, sanitary water or cooling water; also show which lines handle each combined waste stream. This schematic shall be cross referenced to the information furnished in Subsection D(3)(h) of this section;
(j)
Each product produced by type, amount, process or processes
and rate of production as pertains to processes subject to production
based limits under the national categorical pretreatment standards
or requirements only;
(k)
A statement regarding whether or not the requirements of this
article and of the national categorical pretreatment standards and
requirements are being met on a consistent basis and, if not, what
additional operation and maintenance work and/or additional construction
is required for the industrial user to meet the applicable standards
and requirements. This statement shall be reviewed and signed by the
authorized representative and, as appropriate, certified by a qualified
professional;
(l)
Basic information on the program for the prevention of accidental discharges in accordance with the requirements of Subsection B(9) of this section;
(m)
Proposed or actual hours of operation of each pretreatment system
for each production process;
(n)
A schematic and description of each pretreatment facility which
identifies whether each pretreatment facility is of the batch type
or continuous process type;
(o)
If other than Detroit Water and Sewerage Department potable
water, the industrial user's source of intake water together
with the types of usage and disposal method of each water source,
and the estimated wastewater volumes from each source;
(p)
If additional construction and/or operation and maintenance
procedures will be required to meet the requirements of this article
and the national categorical pretreatment standards, the shortest
schedule by which the user will provide such additional construction
and/or implement the required operation and maintenance procedures;
(q)
Identify whether the user has conducted a waste minimization
assessment or audit of its operations in order to identify all feasible
source reduction and recycling practices that may be employed to reduce
or eliminate the generation of pollutants and other waste at the facility;
and
(r)
Any other information as may reasonably be required to prepare
and process a wastewater discharge permit.
(4)
Permit issuance. Upon receipt of an application, the department shall
review the application, determine, and so notify the industrial user
in writing regarding any of the following:
(a)
The industrial user does not meet the definition of a significant
industrial user and is not required to have a wastewater discharge
permit;
(b)
The industrial user does meet the definition of a significant
industrial user but is found by the department to have no reasonable
potential for adversely affecting the POTW operation or for violating
any pretreatment standard or requirement, and is not required to have
a wastewater discharge permit. The department shall make such determination
in accordance with the requirements of 40 CFR 403.8(f)(6);
(c)
The application is incomplete or the information only partially
satisfies the information and data required by 40 CFR 403.12 or by
the department, and that additional information and data are required
which shall be promptly furnished. Where appropriate, the industrial
user is notified regarding specific information that is missing, or
that the application is unacceptable;
(d)
The industrial user is required to have a wastewater discharge permit. The department shall notify the industrial user of its determination and the basis of the determination. The department may withhold issuance of a permit to a significant user, which has not submitted an adequate or timely report, or permit application, to the department as the control authority in accordance with the reporting requirements of 40 CFR 403.12, or whose discharge is in violation of this article. If the department determines that an industrial user is required to have a wastewater discharge permit and has evaluated and accepted the data furnished, the industrial user will be notified accordingly by certified mail. The notification shall contain a copy of the draft permit, so marked, for the industrial user's review. An industrial user has 30 days from the date of mailing to file a response to the draft permit and, in accordance with the procedures contained in Subsection J of this section, 20 days from the date of mailing to file an appeal regarding a permit issued as final. Upon disposition by the department of any contested terms or conditions, a permit shall be issued as final. Only one facility location shall be included in each permit.
(5)
Permit conditions. Wastewater discharge permits shall contain all
requirements of 40 CFR 403.8(f)(1)(iii) and shall be deemed to incorporate
all provisions of this article, other applicable laws, rules, regulations,
and user charges and fees established by the City of Detroit or Township
without repetition therein. In addition, permits may contain the following:
(a)
Limits on the average and maximum wastewater constituents or characteristics which are equivalent, more restrictive than, or supplemental to the numeric limits enumerated in Subsection B of this section, or the applicable national categorical pretreatment standards;
(b)
Limits on average, and maximum rate and time of discharge or
requirements for flow regulation and equalization;
(c)
Requirements for installation, operation, and maintenance of
discharge sampling manholes and monitoring facilities by the industrial
user;
(d)
Restrictions on which of the user's discharge waste streams
are to be allowed to be discharged at each point of connection to
the POTW;
(e)
Specifications for industrial user monitoring programs which
may include sampling locations, frequency and type of sampling, number,
types and standards for tests and reporting schedules;
(f)
Requirements for the prevention of accidental discharges and
the containment of spills or slug discharges;
(g)
Restrictions based on the information furnished in the application;
and
(h)
Additional reporting requirements:
[1]
All permittees shall submit a report on the form prescribed
by the department, or on an alternative form approved by the department,
indicating the status of compliance with all conditions enumerated
or referred to in the wastewater discharge permit, or made applicable
to the permit by this article. Unless required more frequently, the
reports shall be submitted at six-month intervals on a schedule to
be established by the department. Analytical data generated by the
department may not be submitted in lieu of the facility's own
monitoring data as required by the wastewater discharge permit.
[2]
Permittees not subject to national categorical pretreatment standards or requirements shall submit a report in accordance with the requirements of Subsection D(5)(h)[4] and [5] of this section. The report shall show the concentration of each substance for which there is a specific limitation in the permit, or which may be identified by the department in accordance with Subsection D(5)(i) and (k) of this section.
[3]
Permittees subject to national categorical pretreatment standards or requirements shall submit compliance reports at the times and intervals specified by federal regulations and by the department. A compliance report shall be submitted to the department no later than 90 days following the final compliance date for a standard, or in the case of a new source, no later than 90 days, following commencement of the introduction of wastewater into the POTW, and in accordance with 40 CFR 403.12(d). A report on continued compliance shall be submitted at six-month intervals thereafter on the schedule established by the department and incorporated into the industrial users discharge permit and in accordance with Subsection D(5)(h)[4] and [5] of this section. The reports shall be either on a form prescribed by the department or on an alternate form approved by the department, and shall indicate the nature and concentration of all pollutants in the discharge from each regulated process which are limited by national categorical pretreatment standards, or for which there is a specific limitation in the permit, or which may be identified by the department in accordance with Subsection D(5)(i) and (k) of this section. The report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharges regulated by the permit. The combined waste-stream formula may be used for reporting purposes after the initial information has been furnished to the department, provided there have been no changes to the elements composing the combined waste stream.
[4]
Reports shall contain the results of representative sampling
performed during the period covered by the report and of the discharge
and analysis of pollutants contained therein, and, for significant
industrial users subject to production based standards, shall be cross-referenced
to the related flow or production and mass as required to determine
compliance with the applicable pretreatment standards. The frequency
of monitoring shall be as prescribed in the applicable general pretreatment
regulations, being 40 CFR 403, or by the department, but no less than
is necessary to assess and assure compliance by the industrial user
with the most stringent applicable pretreatment standards and requirements.
All sampling and analysis shall be performed in accordance with applicable
regulations contained in 40 CFR 136 and amendments thereto. Where
40 CFR 136 does not include sampling or analytical techniques for
the pollutants in question, sampling and analysis shall be performed
using validated analytical methods approved by the administrator.
If an industrial user monitors any pollutant more frequently
than required by the Department using the procedures as prescribed
in this section, the results of this monitoring shall be included
in such report. The report shall state whether the applicable pretreatment
standards are being met on a consistent basis and, if not, what additional
operation and maintenance practices and/or pretreatment system improvements
or changes are necessary to bring the industrial user into compliance
with the applicable pretreatment standards.
[5]
This report, and those required under Subsection B(3)(e) and Subsection D(5)(h)(2) and (3) of this section, shall include the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction, or supervision, in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and/or imprisonment for knowing violations." Said certification shall be signed by the facility's authorized representative, as defined in § 415-17. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of the authorized representative definition must be submitted to the department prior to, or together with, any reports to be signed by an authorized representative.
[6]
If sampling performed by a permittee indicates a violation,
the user shall notify the department within 24 hours of the time said
user becomes, or should have become, aware of the violation. In addition,
the user shall repeat the sampling and analysis, and submit the results
of the repeat analysis to the department within 30 days after said
user becomes, or should have become, aware of the violation.
(i)
In the event the director determines that an industrial user
is discharging substances in quality, quantity or at locations which
may cause problems to the POTW, or the receiving stream, the department
has the authority to develop and enforce effluent limits applicable
to the user. To the extent the department seeks to impose restrictions
in a permit which are more restrictive than established in this article,
the department shall provide written documentation to explain the
greater restriction for protection against pass-through, interference,
or violation of the NPDES permit;
(j)
Requirement for pollution prevention initiatives; and
(k)
Other requirements reasonably necessary to ensure compliance
with this article.
(6)
Permit duration. Permits shall be issued for a specified time period.
Except as deemed necessary by the department, or as otherwise provided
for under this article, permits shall be issued for a specified period
of not more than five years nor less than one year. The existing permit
for significant industrial users, who timely submit an application
for permit reissuance to the department, shall be automatically extended
until a permit is issued as final.
(7)
Permit modification.
(a)
The terms and conditions of the permit may be subject to modification by the department during the term of the permit as limitations or pretreatment standards and requirements identified in Subsection B of this section are amended, or other just cause exists. Just cause for a permit modification includes, but shall not be limited to, the following:
[1]
Material or substantial changes to an industrial user's
facility or operation, or changes in the characteristics of the industrial
user's effluent. It shall be the industrial user's duty
to request an application form and apply for a modification of the
permit within 30 calendar days of the change;
[3]
Embodiment of the provisions of a legal settlement or of a court
order;
[4]
Any changes necessary to fulfill the department's role
as control authority;
[5]
An industrial user's noncompliance with portions of an
existing permit;
[6]
A change of conditions within the POTW;
[7]
A finding of interference or pass-through attributable to the
industrial user;
[8]
Amendments to, or promulgation of, national categorical pretreatment
standards or requirements including 40 CFR 403 and those delineated
in Appendix A to this section.[8] Permittees shall request an application form and apply
to the department for a modified permit within 90 days after the promulgation
of a new or revised national categorical pretreatment standard to
which the industrial user shall be subject. Information submitted
pursuant to this subsection shall be confined to that information
related to the newly promulgated or amended national categorical pretreatment
standard or requirement. However, information previously submitted
need not be duplicated, insofar as the previously submitted information
continues to be current and applicable. In addition, the department
may initiate this action;
[8]
Editor's Note: Appendix A is included as an attachment to this chapter.
[10]
Typographical errors or omissions in permits;
[11]
The department may modify the permit on its own
initiative based on its findings or reasonable belief of the above;
or
[12]
The user may request a modification of the permit.
(b)
When initiated by the department, the industrial user shall be informed of any proposed change in its permit. The department will issue a draft permit and an industrial user has 30 days to file a response to the draft modified permit. Thereafter, the department will issue a final permit and, unless appealed in accordance with the procedures contained in Subsection J of this section, the permit will become effective 20 days after issuance.
(8)
Permit custody and transfer. Wastewater discharge permits are issued
to a specific person as defined herein for a specific discharge. A
wastewater discharge permit shall not be reassigned or transferred
or sold to a different person, new owner, new industrial user, different
premises, or a new or changed operation without notice to and written
approval of the department, and providing a copy of the existing permit
to the new owner or operator. It shall be the permit holder's
duty to notify the department of any such change at least 30 days
before the date of the change. Wastewater discharge permits, which
do not receive the written approval of the department prior to the
change, shall be null and void regardless of reassignment, or transfer,
or sale. If it has occurred, the department may revoke a permit. If
a change takes place, the department may require the application for
a new or modified permit. Any succeeding person shall comply with
the terms and conditions of any existing permit which the department
allows to be retained.
(9)
Permit notification requirements. All industrial users shall promptly
notify the department in advance of any substantial change in the
volume or character of pollutants in their discharge, including the
listed or characteristic hazardous waste for which initial notification
under 40 CFR 403.12(p) has been made, request a permit application
form, and apply for a modification of the permit at least 30 calendar
days prior to the change. Failure of the industrial user to so apply
shall be considered a violation of this article.
E.
Monitoring facilities.
(1)
Significant industrial users shall provide, operate and maintain
at their own expense a sampling manhole or special structure to facilitate
monitoring, inspection, sampling, and flow measurement of their discharge
by the department and the industrial user, and to enable the department
to conduct such other monitoring and sampling as required for determining
compliance with discharge requirements, limits and standards as provided
for in this article. In the event the department determines that the
monitoring facility identified in the permit application is inadequate,
a new monitoring facility must be identified, or provided, which shall
allow for collection of a representative sample of the wastewater
discharged from the facility. Unless otherwise determined at the discretion
of the department, said facility shall be provided within 90 days
of receipt of notification by the department. The industrial user
shall provide the department with:
(a)
A drawing showing all sewer connections and sampling manholes
by the size, location, elevation, and points or places of discharges
into the POTW;
(b)
A flow schematic showing i) which connections receive each national
categorical process waste stream, ii) which connections receive stormwater,
sanitary water or cooling water, and iii) which lines handle each
combined waste stream. This report shall be certified by a professional
engineer. If a significant industrial user fails to install the monitoring
facilities within the prescribed time limits, then the department
may install such structure or device and the significant user shall
reimburse the department for any costs incurred therein.
(2)
The sampling manhole should be situated on the industrial user's premises in a location readily accessible to the department. When such a location would be impractical or cause undue hardship to the industrial user, the department may allow the facility to be constructed in the public street or sidewalk area when there is room and the location will not be obstructed by landscaping or parked vehicles. It shall be the responsibility of the industrial user to obtain any necessary approvals which may be required from other government agencies for the location and construction of monitoring facilities. There shall be ample room in or near such sampling or monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility and any permanently installed sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user. Whether constructed upon public or private property, the sampling and monitoring facilities shall be provided in accordance with the department's requirements and all applicable local construction standards and specifications. [See Subsection D(7) of this section.]
F.
Inspection, sampling and recordkeeping.
(1)
For purposes of administering and enforcing this article, any other
applicable provisions of this Code or applicable state or federal
laws and regulations, the department may inspect the establishment,
facility or other premises of the industrial user. The department's
employees or authorized representative shall have access to the industrial
user's premises for purposes of inspection, sampling, compliance
monitoring and/or metering activities.
(2)
Each such inspection or sampling activity shall be commenced and
completed at reasonable times, and in a reasonable manner. Upon arrival
at the industrial user's premises, the department shall inform
the industrial user, or the industrial user's employees, that
sampling and/or inspection is commencing, and that the facility's
authorized representative has the right to observe the inspection
and/or sampling. The department shall neither refrain from, nor be
prevented or delayed from, carrying out its inspection or sampling
duties due to the unavailability of the authorized representative
of the facility to observe or participate in the inspection or sampling
activity.
(3)
While performing work on private property, employees or authorized representatives of the department shall observe all reasonable safety, security and other reasonable rules applicable to the premises as established by the industrial user. Duly authorized employees or representatives of the department shall bear proper credentials and identification, and at the industrial user's option may be accompanied by a duly authorized representative of the industrial user. Duly authorized department representatives shall not be restricted from viewing any of the facility site. Department employees or representatives may take photographs of facilities subject to this article, which shall be maintained by the department as confidential in accordance with Subsection G of this section.
(4)
Where an industrial user has security measures in force, the industrial
user shall make prompt and necessary arrangements with the security
personnel so that, upon presentation of appropriate credentials, personnel
from the department will be permitted to enter for the purposes of
performing their specific responsibilities.
(5)
Significant industrial users shall sample and analyze their discharge
in accordance with the provisions of their permit. The department
may require such samples to be split with the department for the department's
independent analysis.
(6)
Industrial users shall maintain records of all information from monitoring
activities required by this article, or by 40 CFR 403.12(n). Industrial
users shall maintain the records for no less than three years. This
period of record retention shall be extended during the course of
any unresolved litigation regarding the discharge of pollutants by
the industrial user, or the operation of the City of Detroit's
Industrial Waste Program, or when requested by the department, by
the state, or by the EPA.
(7)
Upon the request of the department, industrial users shall furnish
information and records relating to discharges into the POTW. Industrial
users shall make such records readily accessible to the department
at all reasonable times, and allow the department to copy such records.
(8)
In the event the department obtains samples, and analyses are made
of such samples, a copy of the results of such analyses shall be promptly
furnished upon written request by the industrial user's authorized
representative. When requested by the industrial user, the department
employee or representative shall leave with the user, a portion of
any sample of the user's discharge taken from any sampling point
on or adjacent to the premises for the user's independent analysis.
In cases of disputes arising over shared samples, the portion taken
and analyzed by the department shall be controlling unless proven
invalid.
(9)
In addition to any other violation caused by the discharge described herein, in the event a single grab sample of the industrial user's discharge is obtained by the department, and then analyzed in accordance with 40 CFR 136, and found to contain concentrations of pollutants which are two or more times greater than the numeric limitations as listed in Subsection B(2) of this section, or as contained in the facility's wastewater discharge permit, the industrial user shall implement its slug control plan, and shall provide a written report to the department within 14 days, which describes the cause of greater concentration and provides a description of the means by which future discharge concentrations will be held to values of less than two times the limitation in the future.
G.
Confidential information.
(1)
Information and data on an industrial user obtained from written
reports, questionnaires, permit applications, permits and monitoring
programs, and from inspections shall be available to the public or
other governmental agencies without restriction unless the industrial
user specifically requests and is able to demonstrate to the satisfaction
of the department that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the industrial user. When submitted to the department,
all information claimed to be confidential must be clearly marked
"confidential." When requested by the person furnishing the report,
the portions of a report determined by the department to disclose
trade secrets or trade secret processes, and which are clearly labeled
as confidential, shall not be made available for inspection by the
public, but shall be made available upon request to governmental agencies
for uses related to this article, to the National Pollutant Discharge
Elimination System (NPDES) permit, and to the state disposal system
permit and/or the pretreatment programs, provided, however that information
shall be treated as confidential by the governmental agency, until
such time as the information has been determined to be nonconfidential
by the governmental agency. Confidential information on industrial
users, which the department releases pursuant to a request of another
governmental agency, should be handled by the other governmental agency
pursuant to its own confidentiality procedures. The department cannot
control how another governmental agency handles such confidential
information, and assumes no responsibility for the disposition of
the information released to the governmental agency. The department
will use sufficient care to inform the other governmental agency of
the existence of the industrial user's confidentiality claim.
The department shall determine whether the information requested to
be treated as confidential, in fact, satisfies the requirements of
confidential information as defined herein. The decision of the department
shall be made in writing. Wastewater constituents and characteristics
will not be recognized as confidential information.
(2)
Except as otherwise determined by the department or provide for by
applicable law, all information with respect to an industrial user
on file with the Township shall be made available upon request by
such user or the user's authorized representative during normal
business hours.
H.
Statutes, laws and regulations. The national categorical pretreatment
standards defined in 40 CFR 405 through 471 shall be and are incorporated
by reference herein and made a part hereof. Unless otherwise provided,
any reference in this article to a code, standard, rule, regulation,
or law enacted, adopted, established, or promulgated by any private
organization, or by any element or organization of government other
than the Township shall be construed to apply to such code, standard,
rule, regulation, or law in effect or as amended or promulgated, from
the date of enactment of this article.
I.
Enforcement.
(1)
Violations. It shall be a violation of this article for any user
to:
(a)
Fail to completely and/or accurately report the wastewater constituents
and/or characteristics of the industrial user's discharge;
(b)
Fail to report significant changes in the industrial user's operations or wastewater constituents and/or characteristics within the time frames provided in Subsection D(7)(a) of this section;
(c)
Refuse reasonable access to the industrial user's premises,
waste discharge, or sample location for the purpose of inspection
or monitoring;
(d)
Restrict, lockout or prevent, directly or indirectly, access
to any monitoring facilities constructed on public or private property.
The locking or securing of the monitoring facility shall not constitute
a violation pursuant to this subsection, provided, that upon request
reasonable access to the facility is promptly provided to the department;
(e)
Restrict, interfere, tamper with, or render inaccurate any of
the department's monitoring devices including, but not limited
to, samplers;
(f)
Fail to comply with any condition or requirement of the industrial
user's wastewater discharge permit; or
(g)
Fail to comply with any limitation, prohibition, or requirement
of this article including any rule, regulation, or order issued hereunder.
Industrial users acting in full compliance with wastewater discharge
permits issued prior to the effective date of the ordinance from which
this article is derived shall be deemed to be in compliance with the
requirements of this article, and such permits shall remain in effect
and be enforceable under this article until a superseding permit is
effective. Industrial users shall comply with applicable national
categorical pretreatment standards and requirements on the date specified
in the federal regulations, regardless of compliance schedules.
(2)
Upsets. An upset shall constitute an affirmative defense to an action brought for noncompliance with national categorical pretreatment standards where the requirements of Subsection I(2)(a) of this section are met.
(a)
An industrial user who wishes to establish the affirmative defense
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence, that:
[2]
At the time, the facility was being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
[3]
The industrial user has submitted the following information
to the department, orally or in writing, within 24 hours of becoming
aware of the upset and where this information is provided orally,
a written submission must be provided within five days:
[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; and
[c]
Steps being taken and/or planned to reduce, eliminate
and prevent recurrence of the noncompliance.
(b)
In any enforcement proceeding, the industrial user seeking to
establish the occurrence of an upset shall have the burden of proof.
(c)
The industrial user shall control production of all discharges
to the extent necessary to maintain compliance with this article upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost
or fails.
(3)
Bypass. Bypasses are prohibited unless the bypass does not cause a violation of pretreatment standards or requirements, but only if it is for essential maintenance to ensure efficient operation of the treatment system. These bypasses are not subject to the provisions of Subsection I(3)(a) and (b) of this section.
(a)
Notice of anticipated bypass. Industrial users anticipating
a bypass shall submit notice to the department at least 10 days in
advance.
(b)
Notice of unanticipated bypass. An industrial user shall submit
oral notice of an unanticipated bypass that exceeds applicable pretreatment
standards within 24 hours from the time the industrial user becomes
or should have become aware of the bypass. A written submission shall
be provided within five days of the time the industrial user becomes
or should have become aware of the bypass. The written submission
shall contain a description of the bypass including exact dates and
times, and if the bypass has not been corrected, the anticipated time
it is expected to continue, and steps taken or planned to reduce,
eliminate and prevent reoccurrence of the bypass.
(c)
Prohibition of bypass and enforcement. Bypass is prohibited,
and the department may take enforcement action against a user for
a bypass, unless:
[1]
The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
[2]
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated waste,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
(4)
Pollution prevention initiatives. Where one or more of the measurements taken for any pollutant defined in Subsection B(2) of this section during a six-month period exceed by any magnitude the daily maximum nondetect limit for the same parameter, the industrial user may develop and implement pollution prevention initiatives, or a BMP, as part of its response. The department may, as part of an administrative order, also require development of a BMP as a part of the department's enforcement response. Upon approval of the department, these pollution prevention initiatives, or BMPs shall be made an enforceable part of the wastewater discharge permit. Industrial users shall provide, at six-month intervals, analytical results and certifications in support of its implementation of an approved pollution prevention initiative or BMP. Upon demonstration of compliance, the industrial user may request to be relieved of this implementation requirement.
(5)
Emergency suspensions and orders. The department may order suspension
of the sewer or wastewater treatment service and/or a wastewater discharge
permit where, in the opinion of the department, such suspension is
necessary to stop any actual or threatened discharge which presents
or may present an imminent or significant hazard to the health or
welfare of persons or to the environment, interferes or may interfere
with the POTW, or causes or may cause the City of Detroit to violate
any condition of its NPDES permit. Any person notified of a suspension
of the sewer or wastewater treatment service and/or the wastewater
discharge permit shall immediately stop or eliminate the contribution.
In the event the department provides informal notification under this
section, written confirmation and an order shall be provided within
24 hours. In the event of a failure of the person to comply voluntarily
with any suspension or revocation order, the department shall take
such steps as deemed necessary, including immediate severance of the
sewer connection or services, to prevent or minimize damage to the
POTW system or danger to any individual or the environment. In the
event such steps are taken, the director shall notify the industrial
user within 24 hours in writing of such action and order, and the
specific recourse available. In any event, the department shall provide
the industrial user with an opportunity for a hearing before the director,
or his designated representative, within 10 days of such action. The
industrial user shall submit a detailed written statement to the department
within 15 days of the occurrence describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence.
Upon proof of elimination of the noncomplying discharge, the department
shall reinstate the wastewater discharge permit and/or the sewer or
wastewater treatment service.
(6)
Notice of violation. Except in the case of an actual or threatened discharge as specified in Subsection I(5) of this section whenever the department has reason to believe that any industrial user has violated or is violating this article, the department shall serve a written notice stating the nature of the violation upon such industrial user. Where applicable, the department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the department to issue a notice of violation shall not preclude the department from escalating its enforcement response.
(7)
Administrative actions. Whenever the department has reasonable grounds
to believe that a user is violating, or has violated, a provision
of its wastewater discharge permit, or a pretreatment standard or
requirement or any prohibition of this article, the department, except
in the case of emergency or flagrant violation, may initiate appropriate
administrative enforcement action in order to compel the industrial
user to eliminate or to remedy such violation as soon as possible.
(a)
[1]
Conferences. The department may order any person, who violates this article, to attend a conference wherein the department may endeavor to cause the user to eliminate or remedy the violation by establishing an enforceable compliance schedule. The notice of violation shall be served at least 10 days before the scheduled conference and shall set forth the date, time, and place thereof. The conference shall be conducted by a representative of the department. The industrial user shall present a plan and schedule for achieving compliance with this article. Nothing contained herein shall require the department to accept or agree to any proposed plan or schedule, or to prevent the department from proceeding with a show cause hearing as set forth in Subsection I(7)(b) of this section. If the attendees agree upon a compliance schedule, the user and the department's duly authorized representative may enter, by consent, into a compliance agreement or an administrative order setting forth the terms of such agreement. An industrial user must exhibit good faith and expeditious efforts to comply with this article and any procedures, requirements, and agreements hereunder.
[2]
Compliance schedules. The user and the department may agree
upon a schedule which sets forth the terms and conditions, and time
periods or schedules for completion of actions to remedy or to eliminate
the causes of violation. These schedules may be developed as part
of a compliance agreement, or an administrative consent order. Schedules
developed under this subsection shall adhere to the following conditions:
[a]
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of upgraded or additional
pretreatment facilities, or to the implementation of additional operation
and maintenance procedures required for the industrial user to meet
the applicable pretreatment requirements and standards including,
but not limited to, hiring an engineer, completing preliminary plans,
completing final plans, executing contracts for major components,
commencing construction, and completing construction; or
[c]
Not later than 14 days following each date in the
schedule and the final date for compliance, the industrial user shall
submit a progress report to the department including, at a minimum,
whether it complied with the increment of progress to be met on such
date and, if not, the date which it expects to comply with this increment
of progress, the reason(s) for delay, and the steps being taken by
the industrial user to return to the established schedule; and[10]
[d]
Any deviations from the compliance schedule may
result in the industrial user being found in violation of this article.
[3]
Administrative orders. The department may order any industrial
user, who violates or continues to violate this article or a duly
issued permit, to install and to properly operate devices, treatment
facilities, or other related appurtenances. In addition, orders may
contain such other requirements as might reasonably be necessary and
appropriate to address the violation including the installation of
pretreatment technology, additional self-monitoring and management
practices, implementation of a waste minimization assessment to identify
and implement feasible source reduction, and recycling practices to
reduce the generation or release of pollutants at the facility. An
order may be either an administrative consent order, which is the
result of an agreement, or a unilateral administrative order.
(b)
Show cause hearing. The department may order any industrial
user, who violates this article or allows such violation to occur,
to show cause before the department why a proposed enforcement action
should not be taken. A notice shall be served upon the industrial
user specifying the time and place of a hearing before the department
regarding the violation, the reason(s) why the action is to be taken,
the proposed enforcement action, and directing the industrial user
to show cause before the department why any proposed enforcement action
should not be taken. The notice of the hearing shall be served personally,
or by registered or certified mail with return receipt requested,
at least 10 days before the hearing. Service may be made upon any
agent or officer of a corporation, or its authorized representative.[11]
[1]
Hearing proceeding. The hearing shall be conducted in accordance
with the procedures adopted by the Board. A hearings officer shall
conduct the show cause hearing and take the evidence, and may:
[a]
In the name of the Board, issue notices of hearing
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearing; or
[b]
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the director for action thereon.
[2]
Transcript. At any show cause hearing held pursuant to this
article, testimony shall be recorded by a court reporter.
(c)
Actions. After a show cause hearing has been conducted, the
hearings officer shall issue an order to the industrial user directing
any of the following actions:
[1]
Immediate compliance with the industrial user's wastewater
discharge permit or with any applicable limitation, condition, restriction
or requirement of this article, or applicable local, state or federal
law or regulation;
[2]
Pretreatment of waste by installation of adequate treatment
equipment or proper operation and maintenance of existing treatment
equipment be accomplished within a specified time period;
[3]
Submission of compliance reports on effluent quality and quantity
as determined by self-monitoring and analysis during a specified time
period;
[4]
Submission of periodic reports on effluent quality and quantity
determined by self-monitoring analysis throughout the final period
set by a compliance date;
[5]
Control of discharge quantities;
[6]
Payment of costs for reasonable and necessary inspection, monitoring,
and administration of the industrial user's activities by the
department during compliance efforts;
[7]
Any such other orders as are appropriate including, but not
limited to, immediate termination of sewer or wastewater treatment
services, or revocation of a wastewater discharge permit, or orders
directing that following a specified time period sewer or wastewater
treatment service will be discontinued unless adequate treatment facilities,
devices, or operation and maintenance practices have been employed;
and/or
[8]
A finding the user has demonstrated by a preponderance of the
evidence that a violation either of this article or of a duly issued
permit did not occur.
(d)
Public notification of significant noncompliance. The department
shall publish in the largest daily newspaper published in the City
of Detroit and the Township a list of all industrial users which were
in significant noncompliance with applicable pretreatment requirements
at any time during the previous 12 months. All industrial users identified
in a proposed publication shall be provided with a copy of the proposed
notice at least 30 days before publication and allowed an opportunity
to comment as to its accuracy.
(8)
Legal actions.
(a)
Criminal action. Any user, who violates any provision of this
article including the failure to pay any fees, fines, charges or surcharges
imposed hereby, or any condition or limitation of a permit issued
pursuant thereto, or who knowingly makes any false statements, representations
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article
or wastewater discharge permit, or who tampers with or knowingly renders
inaccurate any monitoring device required under this article, is guilty
of a misdemeanor and, upon conviction, shall be punished by a fine
not to exceed $500 for each violation per day, or by imprisonment
for not more than 90 days, or by both. The department, consistent
with the terms and conditions of the delegation agreement entered
into with Township, is hereby authorized, through its counsel, to
seek prosecution of criminal charges against any person violating
any provision of this article.
(b)
Civil action. Whenever the department has reasonable grounds
to believe that a user is violating, or has violated, a provision
of its wastewater discharge permit, a pretreatment standard or requirement
or any requirement of this article, the director may commence a civil
action to compel compliance in a court of competent jurisdiction to
enjoin the user from discharging, and/or to obtain appropriate relief
to remedy the violations. The department or board may also seek additional
legal and/or equitable relief. The commencement of suit does not constitute
an exclusive election of remedies and does not prohibit the department,
director, board, City of Detroit or the Township from commencing action
in federal court for discharges believed to be in violation of this
article, state and federal requirements contained in the Clean Water
Act, the City of Detroit's NPDES permit, or other applicable
laws or requirements. In addition, the City of Detroit and/or the
Township may recover the reasonable attorney fees, court costs, court
reporters' fees, and other unusual expenses related to enforcement
activities or litigation against the person found to have violated
this article, or the orders, rules, regulations and permits issued
hereunder.
(c)
All fines, costs, and penalties which are imposed by any court
of competent jurisdiction shall be payable to the City of Detroit
Water and Sewerage department and the Township where applicable.
J.
Reconsideration and appeal. Through the procedures of reconsideration
and appeal, a user may contest actions, determinations, or decisions
of the department which result from its construction, application
and enforcement of this article. The procedures contained within this
section govern reconsideration and appeal with respect to construction,
application, and enforcement of this article.
(1)
Selection of reconsideration or of appeal.
(a)
Except for those actions, determinations, or decisions which
are expressly identified as subject only to appeal, reconsideration
may be requested by any permit applicant, permittee, authorized industrial
wastewater discharger or other discharger, who is adversely affected
by any action, determination, or decision that is made by, or on behalf
of, the department by the director, or an authorized representative,
and that interprets, implements or enforces the provisions of this
article.
(b)
An appeal may be requested by any permit applicant, permittee,
authorized industrial wastewater discharger or other discharger, who
is adversely affected by a permit issued as final by the department,
or by an administrative order entered after a show cause order and
hearing, or after a hearing for reconsideration.
(c)
Unless otherwise expressly provided for by this article, a request
for reconsideration or appeal must be signed by an authorized representative,
and received at the department's general offices within 20 days
from the date of the occurrence of the action, determination, or decision
in dispute. A request for reconsideration shall contain the requester's
name and address, a brief statement of the reason(s), and the factual
basis underlying the request.[12]
(d)
A request for reconsideration shall be filed in triplicate either
by hand delivery or by certified mail to the general offices of the
department. Where a request for reconsideration or appeal either is
not filed within the time period provided for in this subsection or
is improperly made, the action, determination or decision of the director,
or the department's authorized representative, is final and any
right to reconsideration or appeal may be deemed waived.
(2)
Reconsideration. Within 15 days after receipt of a timely and proper
request for reconsideration, the department shall notify the applicant
of the time and place for a hearing.
(a)
A hearing for reconsideration shall be conducted by a hearings officer who is designated by the director and may be an employee of the department. The decision of the hearings officer shall be in the form of a recommendation to the director and embodied in an administrative order. Except for an administrative consent order that was negotiated and agreed to by both parties, an administrative order is appealable in accordance with Subsection J(3) of this section.
(b)
Where improperly or untimely submitted, the department may reject
a request for reconsideration. The department shall notify the requester
in writing that the request has been rejected.
(c)
Unless the date is mutually extended by both parties, the hearing
shall be conducted neither less than 10 days nor more than 30 days
after mailing of the notice. For cause and at the discretion of the
hearings officer, the hearing may be continued for a reasonable time.
(d)
The hearing for reconsideration shall be an informal consultation
and conference where the requester in person, or by counsel, shall
present their argument, evidence, data, and proof in connection with
the issue(s) being reconsidered. The parties shall not be bound by
the Michigan Rules of Evidence. The hearing shall be transcribed and
the requester may obtain a copy of the hearing transcript, as appropriate,
from the department or from the court reporter.[13]
(e)
Within 30 days after the close of the hearing, the hearings
officer shall issue a final decision which shall contain a recommendation
to the director. The hearings officer shall send such decision to
the requester by certified mail.
(f)
Unless such action is necessary to prevent pass-through, interference
or other harm to the POTW, to the public or to the waters of this
state, the filing of a request for reconsideration in accordance with
this section shall stay the action by the department that is the subject
of the hearing for reconsideration.
(3)
Appeal. Within 30 days after receipt of a timely and proper request for an appeal, the department shall notify the applicant in writing regarding the time and place for a hearing. The hearing shall be conducted in accordance with procedures set by the Board until rules are promulgated pursuant to section 2-111 of the 2012 City of Detroit Charter. In addition:[14]
(a)
Any request for an appeal must be made within 20 days of the
department's action, determination or decision regarding the
request for reconsideration or any permit issued in accordance with
this article.
(b)
Where a request either is not filed within the time period contained
in this subsection or is improperly made, the action, determination
or decision of the director, or the department's authorized representative,
is final and any right to appeal may be deemed waived. Where untimely
or improperly submitted, the department may reject the request for
an appeal, and shall notify the requester in writing that such request
has been rejected.
(c)
The department shall appoint a hearings officer. The hearings
officer shall review the evidence, and within 15 days after the close
of the hearing shall issue a written recommendation to uphold, modify
or reverse the action, determination, or decision of the department.
(d)
The written recommendation of the hearings officer shall be
submitted to the Board which shall render a final decision within
30 days of its next regularly scheduled meeting.
(e)
In accordance with applicable law, the user or the department
may appeal any final decision of the Board to a court of competent
jurisdiction.
(f)
Unless such action is necessary to prevent pass-through, interference,
or other harm to the POTW, to the public or to the waters of this
state, the filing of a request for appeal in accordance with this
section shall stay the action by the department that is the subject
of the appeal.
