CHAPTER 51:  SEWERS
Section
General Provisions
   51.01   Purpose
   51.02   Abbreviations
   51.03   Definitions
Sewer Use Regulations
   51.15   General discharge prohibitions
   51.16   Pretreatment requirements
   51.17   Dilution prohibitions
   51.18   Spill prevention and slug control plans
   51.19   Notification
   51.20   Employee training
   51.21   Records
   51.22   Analytical requirements
   51.23   Confidential information
   51.24   Right of entry
Industrial Use Regulations
   51.35   Wastewater contribution permit required
   51.36   Permit application
   51.37   Permit contents
   51.38   Permit duration
   51.39   Permit modifications
   51.40   Permit transfer
   51.41   Monitoring
   51.42   Bypass
   51.43   Upset provisions
   51.44   Baseline report for categorical dischargers
   51.45   Compliance date reports
   51.46   Periodic compliance reports
   51.47   Monitoring and analysis
   51.48   Reporting requirements for nonsignificant industrial users
   51.49   Hazardous waste notification
Water and Sewer Rates
   51.60   Established; fiscal year
   51.61   Definitions
   51.62   Amounts, billing
   51.63   Surcharges for BOD and suspended solids
   51.64   Cost of construction, connection charges
   51.65   Water rates
   51.66   Free service prohibited
   51.67   Collection
   51.68   Use of proceeds
Administration and Enforcement
   51.80   Fees and charges
   51.81   Administrative enforcement remedies
   51.82   Judicial remedies
   51.83   Supplemental enforcement remedies
 
   51.99   Penalty
GENERAL PROVISIONS
§ 51.01  PURPOSE.
   The purposes of this chapter are:
   (A)   To establish uniform requirements for direct and indirect contributors into the wastewater collection and treatment system owned and operated by the city and to enable it to comply with applicable state and federal laws and the General Pretreatment Regulations (40 CFR Part 403);
   (B)   To prevent the introduction of pollutants into the municipality's wastewater system which will:
      (1)   Interfere with the operation of the system;
      (2)   Cause the treatment plant to violate its NPDES discharge permits;
      (3)   Contaminate the sludge;
      (4)   Pass through the system, inadequately treated, into receiving waters or the atmosphere;
      (5)   Be otherwise incompatible with the system.
   (C)   To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
   (D)   To provide for equitable distribution of the cost of the municipal wastewater system.
(Ord. passed 2-8-94)
§ 51.02  ABBREVIATIONS.
   The following abbreviations shall have the designated meanings:
   BOD      -   Biochemical Oxygen Demand
   CFR      -   Code of Federal Regulations
   COD      -   Chemical Oxygen Demand
   US EPA   -   United States Environmental Protection Agency
   l      -   liter
   mg      -   Milligrams
   mg/l      -   Milligrams per liter
   NPDES   -   National Pollutant Discharge Elimination System
   POTW      -   Publicly Owned Treatment Works
   SIC      -   Standard Industrial Classification
   SWDA      -   Solid Waste Disposal Act, 42 USC 6901 et seq.
   TSS      -   Total Suspended Solids
   USC      -   United States Code
(Ord. passed 2-8-94)
§ 51.03  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT.  Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 USC 1251 et seq.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
      (1)   In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
      (2)   In the case of a partnership or proprietorship, a general partner or proprietor; and
      (3)   An authorized representative of the individual designated above if:
         (a)   Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
         (b)   The authorization is in writing, and
         (c)   The written authorization is submitted to the POTW.
   BYPASS.  The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
   INDUSTRIAL USER or USER.  Any person who introduces pollutants into a POTW from any non-domestic source.
   INTERFERENCE.  Any discharge which alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and
      (2)   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.
   NPDES or STATE DISCHARGE PERMIT.  A permit issued pursuant to § 402 of the Federal Water Pollution Control Act (33 USC 1342).
   NATIONAL CATEGORICAL PRETREATMENT STANDARD, CATEGORICAL PRETREATMENT STANDARD.  Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 USC 1317(b) and (c)), which applies to a specific category of Industrial Users.
   NEW SOURCE.  Any building, structure, facility or installation of which the construction commenced after the publication of proposed Pretreatment Standards under § 307(b) (33 USC 1317(b)) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
      (1)   The construction is a site at which no other source is located; or
      (2)   The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or
      (3)   The production or wastewater generating processes are substantially independent of an existing source at the same site.
   PASS-THROUGH.  A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
   PERSON.  Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
   pH.  The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
   POLLUTANT.  Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.
   PRETREATMENT or TREATMENT.  The reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction, into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR 403.6(d).
   PRETREATMENT STANDARD or STANDARD.  Any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.
   PUBLICLY OWNED TREATMENT WORKS (POTW).  A treatment works as defined by § 212 of the Act, being 33 USC 1292, including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in § 502(4) of the Act, being 33 USC 1362, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
   SEVERE PROPERTY DAMAGE.  Substantial physical damage to property of the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
   SIGNIFICANT INDUSTRIAL USER.
      (1)   Except as provided in division (2) below of this definition, the term SIGNIFICANT INDUSTRIAL USER means:
         (a)   All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
         (b)   Any other industrial user that:
            1.   Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
            2.   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
            3.   Is designated as such by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
      (2)   Upon a finding that an industrial user meeting the criteria in division (1)(b) above of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user, or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
   SIGNIFICANT NONCOMPLIANCE (SNC).
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
      (2)   Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit 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);
      (3)   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority 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);
      (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
      (5)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports in compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUG DISCHARGE.  Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
   STATE.  State of Michigan.
   TOXIC POLLUTANT.  Any pollutant or combination of pollutants identified as toxic pursuant to § 307(a) of the Federal Water Pollution Control Act, being 33 USC 1317(a), or other federal statutes or in regulations promulgated by the state under state law.
   WASTEWATER.  The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated.
   WATERS OF THE STATE.  Includes:
      (1)   Both surfaces and underground waters within the boundaries of this state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sanitary sewage;
      (2)   The flood plain free-flowing waters determined by the Department of Natural Resources on the basis of 100-year flood frequency; and
      (3)   Any other waters specified by state law.
(Ord. passed 2-8-94)
SEWER USE REGULATIONS
§ 51.15  GENERAL DISCHARGE PROHIBITIONS.
   (A)   No user shall contribute or cause to be contributed, directly or indirectly to the POTW, any pollutant or wastewater which will pass through or cause interference with the operation or performance of the POTW.
   (B)   No user shall contribute the following substances to the POTW:
      (1)   Any substances which by reason of their nature or quantity may create a fire or explosion hazard or be injurious to the POTW or to the operation of the POTW, including but not limited to, wastestreams with a closed cup flashpoint of less than 140º F or 60º C using the test methods specified in 40 CFR 261.21.
      (2)   Any solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the waste treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, or any material which can be disposed of as trash.
      (3)   Any wastewater having a pH less than 5.0 or greater than 10 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW.
      (4)   Any substance which may cause a public nuisance, cause hazard to life or prevent entry into the sewers for maintenance and repair.
      (5)   Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40º C (104º F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits.
      (6)   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
      (7)   Pollutant which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
      (8)   Any trucked or hauled pollutants, except at discharge points designated by the POTW.
      (9)   Any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate and/or concentration (including any slug load), which may cause interference to the POTW.
      (10)   Any wastewater having effluent characteristics in excess of:
 
Constituent
Maximum
BOD
TSS
Oil and grease
pH
Plant design criteria
Copper
Cadmium
Nickel
Zinc
Chromium
Arsenic
Barium
Mercury
Selenium
Silver
Cyanide
To be calculated from data collected from a headworks loading analysis
Other pollutants (specify)
To be calculated from data collected from a headworks loading analysis
 
      (11)   (a)   The city has developed and shall enforce the following local limits to implement the general and specific prohibitions contained in this chapter.
 
Constituent
Maximum Limits
Total phosphorous
5.9 mg/l
CBOD5
300 mg/l
Total suspended solids
300 mg/l
Oil and grease
10.0 mg/l
Copper
0.189 lbs./day
Cadmium
0.0023 lbs./day
Nickel
0.32 lbs./day
Zinc
1.1 lbs./day
Chromium
1.2 lbs./day
Arsenic
0.27 lbs./day
Barium
1.0 mg/l
Mercury
Non detect level
Selenium
0.0 mg/l
Silver
0.005 lbs./day
Cyanide
0.137 lbs./day
pH
Max. 10.0; Min. 5.0
Trichloroethylene
9.5 lbs./day
Lead
0.27 lbs./day
 
         (b)   For all pollutants, limitations shall be established by individual contract or permit based upon information required by this chapter and sound engineering practices.
(Ord. passed 2-8-94; Am. Ord. passed 1-11-2000; Am. Ord. passed 6-25-02)  Penalty, see § 51.99
§ 51.16  PRETREATMENT REQUIREMENTS.
   (A)   Industrial users shall provide necessary wastewater treatment as required to comply with the most stringent of this chapter, federal pretreatment standards, as established by 40 CFR Chapter N, Subpart I, state standards and permit conditions, and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations, and with any other pretreatment standards by applicable deadlines.
   (B)   Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the POTW for review, and shall be approved by the POTW before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this chapter and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the POTW prior to the industrial user's initiation of the changes.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.17  DILUTION PROHIBITIONS.
   No industrial user shall increase the use of process water or dilute a discharge as a substitute for adequate treatment to achieve compliance with any pretreatment standard or requirement.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.18  SPILL PREVENTION AND SLUG CONTROL PLANS.
   (A)   Industrial users shall provide protection from accidental discharge of materials which may interfere with the POTW by developing spill prevention plans. Facilities necessary to implement these plans shall be provided and maintained at the owner's or industrial user's expense. Spill prevention plans, including the facilities and the operating procedures shall be approved by the POTW before construction of the facility.
   (B)   Industrial users that store hazardous substances shall not contribute to the POTW after the effective date of this chapter unless a spill prevention plan has been approved by the POTW. Approval of such plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage, and transportation of hazardous substances.
   (C)   The POTW shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether such user needs a plan to control slug discharges. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
      (1)   Description of discharge practices, including non-routine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under § 51.15, with procedures for follow-up written notification within five days;
      (4)   If necessary, procedures to prevent adverse impact from accidental spill, including inspection, and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.19  NOTIFICATION.
   (A)   In the case of any discharge in violation of this chapter or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings, as defined by § 51.03 of this chapter, the industrial user shall immediately notify the POTW of the discharge by telephone. The notification shall include:
      (1)   The date, time, location and duration of the discharge;
      (2)   The type of waste including concentration and volume; and
      (3)   Any corrective actions taken by the user.
   (B)   Within five days following such a discharge the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges.
   (C)   Such notification shall not relieve the user of any expense, loss, damage, or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this chapter or other applicable state or federal law.
   (D)   Notification of changed discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.20  EMPLOYEE TRAINING.
   The industrial user shall permanently post a notice in a prominent place advising all employees to call the City Manager for the City of Cheboygan at (231) 627-9931 in the event of a dangerous discharge for which notification is required. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.21  RECORDS.
   (A)   Users shall retain and make available upon request of authorized representatives of the POTW, the state, or the EPA all records required to be collected by the user pursuant to this chapter or any permit or order issued pursuant to this chapter.
   (B)   These records shall remain available for a period of at least three years after their collection.
   (C)   This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.22  ANALYTICAL REQUIREMENTS.
   All analyses, including sampling results submitted in support of any application reports, evidence or required by any permit or order shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto or, if 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the EPA.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.23  CONFIDENTIAL INFORMATION.
   (A)   Information and data (other than effluent data) about a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. When such a confidentiality claim is asserted, the information shall be treated as such until a determination is made by the POTW. Effluent data shall be available to the public without restriction.
   (B)   When the person furnishing a report satisfies the POTW that such person has made the demonstration required by division (A) of this section, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection except by the state or EPA for uses related to this chapter, the NPDES permit or the pretreatment program. Confidential portions of a report shall be available for use by the state or EPA in judicial review or enforcement proceedings involving the person furnishing the report. Effluent data will not be recognized as confidential information.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.24  RIGHT OF ENTRY.
   Representatives of the POTW, the state and EPA, upon showing proper identification shall have the right to enter and inspect the premises of any user who may be subject to the requirements of this chapter. Industrial users shall allow authorized representatives of the POTW, state and EPA access to all premises for the purpose of inspecting, sampling, examining records or copying records in the performance of their duties. Authorized representatives of the POTW, state and EPA shall have the right to place on the user's property such devises as are necessary to conduct sampling and monitoring. Where a user has security or safety measures in force which would require clearance, training, or wearing of special protective gear, the user shall make necessary arrangements at its own expense, to enable authorized representatives of the POTW, state, and EPA to enter and inspect the premises as guaranteed by this division.
(Ord. passed 2-8-94)  Penalty, see § 51.99
INDUSTRIAL USE REGULATIONS
§ 51.35  WASTEWATER CONTRIBUTION PERMIT REQUIRED.
   (A)   It shall be unlawful to discharge without a wastewater contribution permit to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this chapter.
   (B)   All industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this chapter.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.36  PERMIT APPLICATION.
   (A)   Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by a fee which shall be established from time to time by the City Council upon recommendation of the City Manager. Existing users shall apply for a wastewater contribution permit within 60 days after the effective date of this chapter, and proposed new users shall apply at least 120 days prior to connecting to or contributing to the POTW.
   (B)   In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Name, address, and location, (if different from the address) and name of owners and operator;
      (2)   Classification number according to the most recent edition of the Standard Industrial Classification Manual or its successor manual (the North American Industrial Classification System manual);
      (3)   Wastewater constituents and characteristics including but not limited to those mentioned in § 51.15 of this chapter as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act, being 33 USC 1314(g), and contained in 40 CFR Part 136, as amended;
      (4)   Time and duration of contribution;
      (5)   Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
      (6)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation and a current water use schematic;
      (7)   Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
      (8)   The nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement signed by an authorized representative of the user and certified by a qualified professional regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
      (9)   If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
         (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 additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
         (b)   No increment referred to in division (a) shall exceed nine months.
         (c)   Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
      (10)   Each product and/or byproduct by type, amount, process or processes and rate of production;
      (11)   Type and amount of raw materials processed (average and maximum per day);
      (12)   Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
      (13)    List of any environmental control permits held by or for the facility;
      (14)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.
   (C)   The POTW will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the POTW may issue a wastewater contribution permit subject to terms and conditions provided herein.
(Ord. passed 2-8-94)
§ 51.37  PERMIT CONTENTS.
   Permits shall contain, as appropriate, the following:
   (A)   Statement of duration (not greater than 5 years) including issuance and expiration dates;
   (B)   Effluent limitations based on the more stringent of categorical pretreatment standards, local limits as established by this chapter, and state and local law;
   (C)   General and specific discharge prohibitions as established by § 51.15;
   (D)   Requirements to pay fees for the wastewater to be discharged to the POTW;
   (E)   Limitations on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
   (F)   Requirements for installation and maintenance of inspection and sampling facilities;
   (G)   Requirements and specifications for monitoring programs including sampling locations and frequency of sampling; and number, types and standards for tests and reporting schedule;
   (H)   Compliance schedules;
   (I)   Requirements for submission of technical reports, discharge reports or certification requirements. These include any reporting requirements contained in a National Categorical Standard or pretreatment requirement;
   (J)   Requirements for collecting/retaining and providing access to plant records relating to the user's discharge and for providing entry for sampling and inspection;
   (K)   Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater treatment system;
   (L)   Requirements for notification of spills, potential problems to the POTW including slug loadings, upsets or violations;
   (M)   Requirements for installation, operation and maintenance of pollution control equipment;
   (N)   Requirements to develop and implement spill and slug control plans;
   (O)   Other conditions as deemed appropriate by the POTW to ensure compliance with this chapter, state and federal pretreatment standards and requirements;
   (P)   Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
   (Q)   Statement of non-transferability;
   (R)   Conditions for modification or revocation of permit.
(Ord. passed 2-8-94)
§ 51.38  PERMIT DURATION.
   Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance at least 180 days prior to the expiration of the user's existing permit.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.39  PERMIT MODIFICATIONS.
   (A)   Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard.
   (B)   Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater contribution permit as required by § 51.36, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.
   (C)   In addition, a user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal Categorical Pretreatment Standard the information required by § 51.36(B)(8) - (9).
(Ord. passed 2-8-94)
§ 51.40  PERMIT TRANSFER.
   Wastewater contribution permits are issued to a specific process or operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without prior notification to the POTW and provision of a copy of the existing wastewater contribution permit to the new owner or operator. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The POTW may set additional conditions, such as an application requirement.
(Ord. passed 2-8-94)
§ 51.41  MONITORING.
   (A)   Users shall provide and maintain in safe and proper condition, at their own expense, facilities to allow the authorized representatives of the POTW, the EPA or the state to inspect, sample or measure flows from wastewater subject to this chapter.
   (B)   There shall be ample room in or near facilities to allow accurate sampling and preparation of samples for analysis.
   (C)   If locating such facilities on a user's property would be impractical, the user may apply to the POTW for a right of way or for permission to construct on public property.
(Ord. passed 2-8-94)
§ 51.42  BYPASS.
   (A)   Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to (B) and (C) below.
   (B)    Notice.
      (1)   If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible at least ten days before the date of the bypass.
      (2)   An industrial user shall orally notify the POTW of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within 24 hours of becoming aware of the bypass. A written submission shall also be provided within five days of becoming aware of the bypass. The written submission shall contain a description of the bypass, including exact times and dates, 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 recurrence of the bypass.
   (C)   Prohibition of bypass.
      (1)   Bypass is prohibited and the POTW may take enforcement action against an individual user for a bypass, unless:
         (a)   Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
         (b)   There are no feasible alternatives to bypass, such as use of auxiliary treatment facilities, retention of wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
         (c)   The industrial user submitted notices as required by division (B) of this section.
      (2)   The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in division (C)(1) of this section.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.43  UPSET PROVISIONS.
   (A)   Definition. For the purposes of this section, UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
   (B)   Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of division (C) are met.
   (C)   Conditions necessary for a demonstration for upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
      (1)   An upset occurred and the industrial user can identify the causes of the upset;
      (2)   The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.
      (3)   The industrial user has submitted the following information to the POTW and control authority within 24 hours of becoming aware of the upset (if 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;
         (c)   Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
   (D)   Burden of proof. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
   (E)   User responsibility in case of upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with pretreatment standards 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.
(Ord. passed 2-8-94)
§ 51.44  BASELINE REPORT FOR CATEGORICAL DISCHARGERS.
   (A)   Industrial users subject to National Categorical Pretreatment Standards shall submit baseline reports to the POTW in a form prescribed and furnished by the POTW.
   (B)   Within 180 days after the effective date of a National Categorical Pretreatment Standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 CFR 403.6(a)(4), whichever is later, industrial users that are existing sources subject to such National Categorical Pretreatment Standards and currently discharging to the POTW shall submit a properly completed baseline report.
   (C)   New sources, when subject to a National Categorical Pretreatment Standard, shall install and start up technology prior to discharge, and achieve compliance within the shortest time feasible, not to exceed 90 days after commencement of discharge.
   (D)   In support of the baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
      (1)   Name and address of the facility including the name of the operator and owners.
      (2)   List of any environmental control permits held by or for the facility.
      (3)   Brief description of the nature, average rate of production, and standard industrial classification of the operations carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
      (4)   Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
         (a)    Regulated process streams; and
         (b)   Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).
      (5)   (a)   The industrial user shall identify the National Categorical Pretreatment Standards applicable to each regulated process, and shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations.
         (b)   A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Control Authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow proportional sampling is infeasible. In such cases samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
         (c)   The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division.
         (d)   Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the POTW.
      (6) The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance measures (O&M) or additional pretreatment is required for the industrial user to meet the National Categorical Pretreatment Standards.
      (7)   If additional pretreatment or O&M will be required to meet the National Categorical Pretreatment Standards, the industrial user will provide the shortest schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard.
         (a)   Where the industrial user's National Categorical Pretreatment Standard has been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula (40 CFR 403.6(e)), or net/gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline report the information required in § 51.44(D)(6) and (7) shall pertain to the modified limits.
         (b)   If the National Categorical Pretreatment Standard for the industrial user is modified after the Baseline Report is submitted, the industrial user shall make any necessary amendments to information provided as a response to § 51.44(D)(6) and (7) and submit them to the POTW within 60 days after the modified limit is approved.
      (8)   The following conditions shall apply to any schedule submitted in response to § 51.44(D)(7):
         (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 additional pretreatment required for the user to meet the applicable National Categorical Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
         (b)   No increment referred to in § 51.44(D)(8)(a) shall exceed nine months.
         (c)   Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the POTW.
      (9)   Such other information as may be reasonably requested by the POTW.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.45  COMPLIANCE DATE REPORTS.
   (A)   Within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to Categorical Pretreatment Standards shall submit to the POTW a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by such standards and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements.
   (B)   (1)   Where equivalent mass or concentration limits are established by the POTW for a user, this report shall contain a reasonable measure of the user's long-term production rate.
      (2)   Where a user is subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production, the report shall include the user's actual production during the appropriate sampling period.
      (3)   The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.46  PERIODIC COMPLIANCE REPORTS.
   (A)    Any user subject to a categorical pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the POTW during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceed the average daily flow reported in § 51.44(D)(4). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
   (B)   The POTW may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by division (A) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards.
   (C) For industrial users subject to equivalent mass or concentration limits established by the POTW in accordance with the procedures in 40 CFR 403.6(c), the report required by division (A) shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by division (A) shall include the user's actual average production rate for the reporting period.
   (D)   Significant noncategorical industrial users shall submit to the POTW at least once every six months (on dates specified by the Control Authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the Control Authority.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.47  MONITORING AND ANALYSIS.
   (A)   The reports required by §§ 51.44, 51.45, 51.46 and 51.48 shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons, and approved by the Administrator. This sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW itself collects all the information required for the report, the significant industrial user will not be required to submit the report.
   (B)   If sampling performed by an industrial user indicates a violation, the user shall notify the POTW within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
      (1)   The POTW performs sampling at the industrial user at a frequency of at least once per month, or
      (2)   The POTW performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
   (C)   The reports required in § 51.46(A) and (D) shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The POTW shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
   (D)   If an industrial user subject to the reporting requirement in §§ 51.44, 51.45 and 51.46 monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
   (E)   Signatory requirements for industrial user reports. The reports required by §§ 51.44, 51.45, 51.46 and 51.48 shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed by an authorized representative.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.48  REPORTING REQUIREMENTS FOR NONSIGNIFICANT INDUSTRIAL USERS.
   The POTW shall require appropriate reporting from those industrial users with discharges that are not subject to Categorical Pretreatment Standards and are not otherwise deemed by the POTW to be significant.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.49  HAZARDOUS WASTE NOTIFICATION.
   (A)   Any industrial user, except as specified in division (E) below, which discharges to the POTW any substance which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261, shall notify the POTW in writing of such discharge.
   (B)   All hazardous waste notifications shall include:
      (1)   The name of the hazardous waste as set forth in 40 CFR Part 261;
      (2)   The EPA hazardous waste number;
      (3)   The type of discharge (continuous, batch or otherwise); and
      (4)   A certification that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
   (C)   In addition to the information submitted in the previous division, notification from industrial users discharging more than 100 kg of hazardous waste per calendar month to the POTW shall contain, to the extent such information is known and readily available to the industrial user, the following:
      (1)   An identification of the hazardous constituents contained in the waste;
      (2)   An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and
      (3)   An estimation of the mass of the constituents in the wastestream expected to be discharged during the following 12 months.
   (D)   Hazardous waste notifications shall be submitted no later than February 19, 1991, except that industrial users commencing the discharge of listed or characteristic hazardous wastes after August 23, 1990, shall provide the notification no later than 180 days from the discharge of the wastes. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notification of changed discharges must be submitted under § 51.19(D).
   (E)   Industrial users are exempt from the hazardous waste notification requirement during a calendar month in which the user discharges 15 kg or less of non-acute hazardous wastes. Discharge of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification.
(Ord. passed 2-8-94)  Penalty, see § 51.99
WATER AND SEWER RATES
§ 51.60  ESTABLISHED; FISCAL YEAR.
   (A)   Rates and charges for the use of the disposal system of the city are hereby established. Such charges and rates shall be made against each lot, parcel of land or premises which may have any sewer connections with the sewer system of the city or which may otherwise discharge sewage or industrial waste, either directly or indirectly, into such system or any part thereof. Such charges shall be based upon the quantity of water used thereon or therein. 
(`73 Code, 25.071, § 2.121)
   (B)   The system shall be operated on the basis of a fiscal year commencing on the first day of July and ending on the thirtieth day of June. 
(`73 Code, 25.074, § 2.124)
(Ord. eff. 12-13-82)
§ 51.61  DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMPATIBLE POLLUTANT.  A substance amenable to treatment in the sewage treatment plant, such as BOD, suspended solids pH and fecal coliform bacteria plus additional pollutants identified in the NPDES Permit if the sewage treatment plant is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such pollutants may include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds and fats, oils and greases of animal or vegetable origin.
   DEBT SERVICE CHARGE.  A charge levied to customers of the sewage works and sewage treatment plant which is used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the local portion of said facilities. The debt service charge shall be in addition to the user charge.
   FEDERAL GRANT.  A grant in aid of the construction of the project provided under Pub. L. 92-500, being 33 USC 1281 et seq.
   INCOMPATIBLE POLLUTANT.  Any pollutant which is not a compatible pollutant.
   INDUSTRIAL WASTES.  The wastewater discharges from manufacturers, trade or business process as distinct from their employees' domicile waste or waste from sanitary conveniences.
   LOCAL AGENCY OR CITY.  The city or its designated official, the City Manager.
   MAJOR CONTRIBUTING INDUSTRY.  Any industrial user of the sewage works that:
      (1)   Has a flow of 50,000 gallons or more per average work day;
      (2)   Has a flow greater than 5% of the flow carried by the sewage works;
      (3)   Has in its wastes a toxic pollutant in toxic amounts as defined in the standards issued under § 307(a) of Pub. L. 92-500, being 33 USC 1317; or
      (4)   Is found to have significant impact, either singly or in combination with other contributing industries, on the sewage works or upon the quality of effluent from the sewage works. All major contributing industries shall be monitored.
   NPDES PERMIT.  A permit issued pursuant to the National Pollutant Discharge Elimination System prescribed in Pub. L. 92-500, being 33 USC 1342.
   OPERATION AND MAINTENANCE.  All work, materials, equipment, utilities and other effort required to operate and maintain the components of the sewage works and the sewage treatment plant for the purpose of insuring adequate treatment of wastewater to produce an effluent in compliance with NPDES permit and other applicable state, federal and local regulations. OPERATION AND MAINTENANCE shall include the cost of replacement.
   PL 92-500.  The Federal Water Pollution Control Act of 1972, being Pub. L. 92-500 of the 92nd United States Congress as adopted on October 18, 1972, and codified in 33 USC 1251 et seq.
   PREMISES.  Each lot or parcel of land, building or structure having any connection to the water distribution system of the city, or the sewage disposal system of the city.
   PROJECT C-26-2314-02.  The separate and distinct project for the construction of the sewage works and sewage treatment plant sponsored by the U.S. Environmental Protection Agency under the provisions of Pub. L. 92-500, being 33 USC 1281a, and granted through the Cheboygan County Board of Public Works. The project does not include past or future construction, equipment or other services not included under the specific project number and the approved plans, specifications and approved change orders for the project.
   REPLACEMENT.  The replacement in whole or in part of any equipment or facilities in the sewage works or sewage treatment plant to insure continuous treatment of wastewater in accordance with the NPDES permit and other applicable state, federal and local regulations.
   SEWER SERVICE CHARGE.  The sum of the user charge, surcharge, industrial cost recovery and debt service charges.
   SURCHARGE.  A service charge which any customer discharging wastewater having strength in excess of 250 mg per liter B.O.D. and 300 mg per liter SS shall pay to cover the cost of treating such excess strength wastewater.
   USER CHARGE.  A charge levied on users of the sewage works and sewage treatment plant for the cost of operation and maintenance thereof pursuant to § 204b of Pub. L. 92-500, being 33 USC 1284, and includes the cost of replacement.
   USER CLASS.  The kind of user connected to sanitary sewers including but not limited to residential, industrial and commercial.
      (1)   INDUSTRIAL USER.  Any user which discharges an industrial waste as defined in this subchapter.
      (2)   RESIDENTIAL USER. A user of the sewage works whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semidetached, and row houses, mobile homes, apartments, or permanent multi-family dwellings. Hotels, motels and other transient lodging accommodations are not included, they being deemed commercial.
(`73 Code, 25.078, § 2.128)  (Ord. eff. 12-13-82)
§ 51.62  AMOUNTS, BILLING.
   (A)   The rates and charges for services furnished by such system shall be levied upon each lot or parcel of land, building or premises, having any sewer connections with such system, on the basis of quantity of water used thereon or therein as the same is measured by meters therein used, or in the absence thereof, by such equitable method as shall be determined by the city.
   (B)   (1)   Charges shall be collected at the same time, and in the same manner as provided for the payment of charges for water used, except:
         (a)   In cases where the character of the sewage from a manufacturing or industrial plant, building or premises is such that unreasonable additional burden is placed upon the system, greater than that imposed by the average sewage delivered to the system plant, the additional cost of treatment created thereby shall be an additional charge over the regular rates hereinafter set forth; or
         (b)   The city may, if it deems it advisable, compel such manufacturing or industrial plant, building or premises, to treat such sewage in such manner as shall be specified by the city before discharging such sewage into the sewage disposal system.
      (2)   Rates for all users obtaining all or part of their water supply from sources other than the city's water system may be determined by gauging or metering the actual sewage entering the system or by metering the water used by them, in a manner acceptable to the city.
   (C)   The city may classify the users of the system according to the quantity of water used and charge such rates to users in each class as it may deem reasonable.
   (D)   The rate to be billed for use of the system shall be for all users within the sanitary sewer service area and shall be as established by City Council from time to time upon recommendation of the City Manager.
(`73 Code, 25.072, §2.122)  (Ord. eff. 12-13-82; Am. Ord. eff. 1-28-07)
§ 51.63  SURCHARGES FOR BOD AND SUSPENDED SOLIDS.
   (A)   For BOD greater than 250 parts per million, there shall be a charge per pound and for suspended solids greater than 300 parts per million, there shall be a charge per pound; both being established from time to time by the City Council upon recommendation of the City Manager.
   (B)   There shall be an additional charge for laboratory testing or wastewater samples. The laboratory charge shall be for the cost thereof and will be determined for each user.
   (C)   Suburban user or users of sewer or sewer services located outside of the corporate limits of the city who have connection with the sewage system of the city shall pay for such service at the above rates and such additional rate to that charged to users within the corporate limits as the City Council may determine to cover additional costs to the city of transportation of wastewater and depreciation of investments by the city in sewage facilities.
(`73 Code, 25.073, § 2.123)  (Ord. eff. 12-13-82; Am. Ord. eff. 1-28-07)
§ 51.64  COST OF CONSTRUCTION, CONNECTION CHARGES.
   Where a sewer or sanitary sewer is constructed by a landowner, said landowner shall pay the cost of construction. Construction shall not be commenced until all required permits are obtained and connection charges are paid to the city.
(`73 Code, 25.077, § 2.127)  (Ord. eff. 12-13-82)  Penalty, see § 51.99
§ 51.65  WATER RATES.
   The rates to be charged for water service furnished by the water distribution system of the city shall be as prescribed by the City Council from time to time upon recommendation of the City Manager. Rates shall be furnished to the public upon request.
(`73 Code, 25.081, § 2.133)  (Ord. eff. 12-13-82; Am. Ord. eff. 2-14-83)
§ 51.66  FREE SERVICE PROHIBITED.
   No free service shall be furnished to the city or any person, or to any public or private agency. The city shall pay an annual hydrant rental charge for each hydrant located within the city in such amount as shall be determined by resolution of the Council.
(`73 Code, 25.079, § 2.131)  (Ord. eff. 12-13-82)
§ 51.67  COLLECTION.
   (A)   (1)    The City Manager is hereby authorized to enforce the payment of charges for water service to any premises by discounting the water service to such premises in accordance with the provisions of this section, and the payment of charges for sewage disposal service to any premises may be enforced by discontinuing either the water service or the sewage disposal service to such premises in accordance with the provisions of this section, or both, and an action of assumpsit may be instituted by the city against the customer.
      (2)   (a)   It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. If any bill is not paid by or before the date noted in the bill, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment.
         (b)   Any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.
         (c)    Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified.
   (B)   The charges for water service and sewage service which, under the provisions of Public Act 178, § 2, of 1939, being M.C.L.A. § 123.162, as amended, are made a lien on the premises to which furnished, are hereby recognized to constitute such lien; and the City Clerk shall, on the Tuesday following the second Monday in March of each year; certify to the City Council, at their regular Council meeting, the amounts which are over six months delinquent and the billing address on which the lien is to be placed.
   (C)   The City Council, no later than the Tuesday following the second Monday in April, shall at these regular Council meetings, direct the City Assessor to spread the several amounts against the properties listed on the summer tax roll. Such charges shall be collected in the same manner as general city taxes.
   (D)   (1)   In cases where the city is properly notified in accordance with Public Act 178, § 5, of 1939, being M.C.L.A. § 123.165, that a tenant is responsible for water or sewage disposal service charges, no such service shall be commenced or continued to such premises until there has been deposited with the Department a $100 water deposit.  This deposit shall be held by the city to apply against the final bill of the tenant when service is discontinued, either through default of payment or vacation of the premises. Any amount in excess of the final billing will be refunded to the tenant.  Failure to pay the deposit shall result in shut-off of the service until the deposit is paid in full.  The water deposit amount may be changed from time to time by resolution as deemed appropriate by City Council.
      (2)   It shall be the responsibility of the landlord to pay all water/sewer billings on rental properties. In the event an amount owed becomes six months delinquent, it shall be placed as a lien on the city tax roll pursuant to Public Act 178 of 1939, being M.C.L.A. §§ 123.162 - 123.167, as amended. In cases where the city is properly notified in accordance with Public Act 178 of 1939, being M.C.L.A. § 123.165, that a tenant is responsible for water/sewer billings, as stated in their lease agreement, then no such lien shall be place on the landlord's taxes. An affidavit with respect to the execution of a lease containing this provision shall be filed with the utility billing clerk, and 20 days written notice to the utility billing clerk shall be given by the lessor to the utility billing clerk of any cancellation, change in, or termination of the lease. In lieu of an affidavit, a verified copy of the current lease which has been signed and dated by both the landlord and tenant shall be filed with the utility billing clerk. The affidavit shall contain a notation of the expiration date of the lease. Upon expiration of the lease agreement, the water/sewer account shall be placed in the name of the landlord. Payment for subsequent billings shall then be the responsibility of the landlord and subject to tax liens, until such time that the city is provided a current lease properly signed and dated.
      (3)   In any other case where, in the discretion of the city, the collection of charges for water or sewage disposal service may be difficult or uncertain, the city may require a similar deposit.
      (4)   The city shall discontinue water/sewer service to any tenant in arrears of their water/sewer bill. When the water/sewer billing becomes 30 days past due, a 15-day Turn-Off Notice shall be sent to the tenant and the landlord. If the account is not paid in full or other payment arrangements made by the end of the 15-day period, the water service shall be shut-off. Thereafter, the water service shall not be renewed until payment is received in full, and a $40 reconnection fee is paid. This reconnection fee may be changed from time to time by resolution of City Council. In the event that any one tenant should vacate the premises with an outstanding balance due the city and reside at a different residence, then water/sewer service to the new residence shall not commence until any previous amounts owed to the city for the preceding six years are paid in full and a water deposit paid for the new residence in an amount set forth in division (D)(1) above.
(`73 Code, 25.080, § 2.132)  (Ord. eff. 12-13-82; Am. Ord. eff. 2-14-83; Am. Ord.  eff. 4-30-06)
§ 51.68  USE OF PROCEEDS.
   (A)   The rates hereby fixed are estimated to be sufficient to provide for the payment of any or all indebtedness, to provide for the expenses of administration and operation and such expenses of maintenance of such system as are necessary to preserve the same in good repair and working order, to build up a reasonable reserve for depreciation thereof, and to build up a reserve for reasonable and proper improvements, betterments and extensions thereto other than those necessary to maintain the same in good repair and working order. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts. An annual audit shall be prepared. Based on said audit, rates for sewage services shall be reviewed annually and revised as necessary to meet system expenses.  (`73 Code, 25.075, § 2.125)
   (B)   Except as otherwise provided by this chapter, the gross revenues received by virtue of this article shall be set aside and used for the operation, maintenance and extension of the sewage works.
(`73 Code, 25.076, § 2.126)  (Ord. eff. 12-13-82)
ADMINISTRATION AND ENFORCEMENT
§ 51.80  FEES AND CHARGES.
   (A)   The POTW may adopt charges and fees which may include:
      (1)   Fees for reimbursement of costs of setting up and operating the POTW pretreatment program;
      (2)   Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by the industrial user;
      (3)   Fees for reviewing accidental discharge procedures and construction;
      (4)   Fees for permit applications including the cost of processing such applications;
      (5)   Fees for filing appeals;
      (6)   Other fees as the POTW may deem necessary to carry out the requirements contained herein.
   (B)   These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the POTW.
(Ord. passed 2-8-94)
§ 51.81  ADMINISTRATIVE ENFORCEMENT REMEDIES.
   (A)   Notification of violation. Whenever the POTW finds that any industrial user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the Superintendent or his agent may serve upon the user written notice of the violation. Within ten days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
   (B)   Consent orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the Superintendent and industry representatives. Consent orders shall have the same force and effect as administrative orders issued pursuant to division (D) below of this section.
   (C)   Show cause order. The Superintendent may order any user which causes or contributes to violation of this chapter, a wastewater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.
   (D)   Compliance order. When the Superintendent finds that an industrial user has violated or continues to violate the ordinance or a permit or order issued thereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated, and compliance is achieved. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
   (E)   Cease and desist orders.  When the Superintendent finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Superintendent may issue an order to cease and desist all illegal or authorized discharges immediately.
      (1)   In an emergency, the order to cease and desist may be given by telephone.
      (2)   In nonemergency situations, the cease and desist order may be used to suspend or permanently revoke industrial wastewater discharge permits.
      (3)   The cease and desist order may order the industrial user to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
   (F)   Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined in an amount not to exceed the maximum allowable under state law per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Superintendent shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the Superintendent to reconsider the fine within ten days of being notified of the fine. Where the Superintendent believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.
   (G)   Emergency suspensions.
      (1)   The Superintendent may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.
      (2)   Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in division (H) below are initiated against the user.
      (3)   An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent prior to the date of the hearing described in division (2) above.
   (H)   Termination of permit.
      (1)   Significant industrial users proposing to discharge into the POTW, must first obtain a wastewater discharge permit from the Control Authority. Any user who violates the following conditions of this chapter or a wastewater discharge permit or order, or any applicable or state and federal law, is subject to permit termination:
         (a)   Violation of permit conditions;
         (b)   Failure to accurately report the wastewater constituents and characteristics of its discharge;
         (c)   Failure to report significant changes in operations or wastewater constituents and characteristics; and
         (d)   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
      (2)   Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under division (C) of this section why the proposed action should not be taken.
(Ord. passed 2-8-94)
§ 51.82  JUDICIAL REMEDIES.
   (A)   If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the Superintendent, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the Circuit Court for Cheboygan County.
   (B)   Whenever an industrial user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Superintendent, through counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.
   (C)   The Superintendent shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance, as defined in § 51.03 of this chapter, with any provisions of this chapter or any permit or order issued hereunder during the period since the previous publication.
(Ord. passed 2-8-94)  Penalty, see § 51.99
§ 51.83  SUPPLEMENTAL ENFORCEMENT REMEDIES.
   (A)   Performance bonds. The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
   (B)   Liability insurance. The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
   (C)   Water supply severance. Whenever an industrial user has violated or continues to violate the provisions of this chapter or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
   (D)   Public nuisances. Any violation of the prohibitions or effluent standards of this chapter or a permit or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent or his designee. Any person creating a public nuisance shall be subject to the provisions of Chapter 95 of this code, governing such nuisance, including reimbursing the POTW for any costs incurred in removing, abating, or remedying said nuisance.
(Ord. passed 2-8-94)
§ 51.99  PENALTY.
   (A)   Civil penalties.
      (1)   Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the POTW for a civil penalty of not more than the maximum allowable under state law, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the POTW may recover reasonable attorneys fees, court costs, and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.
      (2)   The Superintendent shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
   (B)   Criminal prosecution.
      (1)   Any industrial user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 per violation per day or imprisonment for not more than one year or both. In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years or both.
      (2)   Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine or not more than $1,000 per violation per day or imprisonment for not more than one year or both.
(Ord. passed 2-8-94)