(a) The purposes of this chapter are:
(1) To establish uniform requirements for discharges from the City of Davison (the “Local Unit”) (including discharges by all users located within the Local Unit) to the Genesee County Publicly Owned Treatment Works (“POTW”), and to enable the Local Unit and the County Agency (also referred to as the “GCWWSD”) to comply with applicable State and Federal laws as required by the Federal Water Pollution Control Act (also known as the “Clean Water Act”), as amended, 33 USC 1251, et seq.; the General Pretreatment Regulations (40 CFR part 403); Part 31 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.3101 et seq., as amended (“Water Resources Protection”); and the rules, Michigan Administrative Code, R 323.2301 et seq., as amended, promulgated pursuant to Sections 3103, 3106 and 3109 of Part 31 of Act 451 of the Public Acts of Michigan of 1994, as amended.
(2) To prevent the discharge of pollutants into the POTW that do not meet applicable pretreatment standards and requirements; that would interfere with the operation of the POTW; that would pass through the POTW into the receiving waters or the atmosphere, the environment, or otherwise be incompatible with the POTW; that would inhibit or disrupt the POTW’s processing, use, or disposal of sludge; that would cause health or safety problems for POTW workers; or that would result in a violation of the POTW’s NPDES permit or of other applicable laws and regulations.
(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the POTW.
(4) To regulate the discharge of wastewater and/or pollutants to the POTW and to enforce the requirements of this chapter through the issuance of permits and through other means as provided by this chapter.
(5) To authorize and require all inspection, monitoring, reporting and enforcement activities as necessary to insure compliance with applicable pretreatment standards and requirements and other applicable laws and regulations.
(6) To provide for the equitable distribution and recovery of costs from users of the POTW sufficient to administer regulatory activities and to meet the costs of the operation, maintenance, improvement and replacement of the POTW.
(b) This chapter applies to any person that discharges to the POTW from within the Local Unit. This chapter also applies to any person owning, using, constructing or maintaining any private system or facility intended or used for the disposal of sewage or wastewater within the Local Unit.
(c) The County Agency has established and organized the Genesee County Water and Waste Services Division (“GCWWSD”) to administer, implement and enforce the provisions of Act 342 and this chapter.
(d) As required by Act 342, a contract or agreement between the County Agency and the Local Unit must be entered into before the Local Unit may discharge into the POTW. As a condition or requirement of the contract or agreement, the Local Unit is required to adopt, and to keep continually in force and up to date, an ordinance that, except as specifically approved in advance by the GCWWSD, must be identical to the sewer use ordinance adopted by Genesee County (as that ordinance is amended from time to time by the County upon the recommendation of the County Agency) (the “Genesee County Sewer Use Ordinance”). This chapter is being adopted by the Local Unit pursuant to the contract or agreement between the County Agency and the Local Unit and as required by the Genesee County Sewer Use Ordinance and other applicable State and Federal laws and regulations.
(e) The Local Unit hereby designates, empowers and authorizes the County Agency, acting through the GCWWSD, to act as the agent and representative of the Local Unit for purposes of administering and enforcing this chapter within the Local Unit. This includes, but is not limited to, the power and authority of the GCWWSD, as deemed necessary by the GCWWSD, to immediately and independently investigate, enforce, and prosecute (administratively or judicially, and civilly or criminally) any violation of this chapter or of any notice, order, permit, decision or determination promulgated, issued or made by the GCWWSD under this chapter or the Genesee County Sewer Use Ordinance, and to otherwise implement the requirements of this chapter and the Genesee County Sewer Use Ordinance.
(f) It shall be unlawful for any person to discharge any wastewater or pollutant to the POTW or to any storm sewer or natural outlet within the Local Unit or in any area under the jurisdiction of the Local Unit, except in accordance with the provisions of this chapter and other applicable laws and regulations. If any user discharges or proposes to discharge wastewaters or pollutants that are prohibited or limited by this chapter, the County Agency may take any action as provided by this chapter or other applicable laws or regulations to assure and require compliance with the provisions of this chapter.
(Ord. 2009-02. Passed 5-11-09.)