(a)   Registration required. All non-domestic users shall register with the City Director by submitting registration forms provided by the City which shall include information about the identity, location and telephone number of the user; business and manufacturing activities engaged in by the user; and the type and amount of materials produced, used or stored which are, or which may be, discharged to the POTW by the user. In addition, the City Director, by written order, may require any non-domestic user to provide information in a questionnaire provided by the City, from time to time, to obtain additional or current information needed for surveying and evaluating non-domestic users, implementing pollutant minimization programs, and conducting other actions to administer this division.
   (b)   Surveillance report required. The City Director, by written order, may require any non-domestic user to submit periodic reports on forms provided by the City which shall include information on the quality and quantity of wastewater and pollutants discharged into the POTW. The report shall include the volume of wastewater and concentration of pollutants, and be related to pretreatment standards as shall be required by the City Director. The names of all person(s) responsible for operating and maintaining any pretreatment equipment, pretreatment processes, or responsible for wastewater management at the user’s facilities shall be listed in the report with a brief description of each person’s duties. The City Director may also require additional information from such users as to materials or substances which may be discharged to the POTW.
      (1)   Mandatory surveillance report. The City Director shall notify forthwith each significant non-domestic user that it is required to file surveillance reports.
      (2)   Initial surveillance report. Each user that has been notified of its obligation to file surveillance reports shall file an initial report within 60 days from the date the notice is served upon the user.
      (3)   Monthly surveillance reports. Each user so notified by the City Director may be required to file monthly surveillance reports by the twenty-eighth day of the following month for the preceding month.
      (4)   Quarterly surveillance reports. Each user required to submit quarterly surveillance reports shall submit the same before January 31, April 30, July 31 and October 31 of each year for the quarter ending on the last day of the preceding month.
      (5)   Semi-annual surveillance reports. Each user required to submit semi-annual surveillance reports shall submit the same in June and December each year, for the preceding six calendar months.
      (6)   Annual surveillance reports. Each user required to submit annual surveillance reports shall submit the same in December each year for the preceding 12 calendar months.
   (c)   Notice of significant non-domestic user status. All users shall promptly notify the City at least 180 days in advance of a discharge which may convert the user into a significant non-domestic user. Where a change in discharge may convert the user into a significant non-domestic user, such user shall promptly submit an application for a use permit to the City within ten days after submitting the notice.
   (d)   Annual significant non-domestic user report. Each significant non-domestic user shall submit, on a form provided by the City, an annual significant non-domestic user report. The report shall provide updated information about the user’s manufacturing and business activities, materials used or stored, materials which are or may be discharged to the POTW, pretreatment systems, slug discharge control plans and procedures (if required), and any other information required under § 46-151(c) in an application for a use permit. Each significant non- domestic user shall submit the annual significant non-domestic user report by the fifteenth day of February of each year for the preceding calendar year (January through December), unless exempted from this requirement, in the use permit or other writing, by the City Director.
   (e)   Notice of discharge exceedances. All users shall orally report to the City water pollution control facility within 24 hours of becoming aware of any discharges, whether intentional or accidental, which are known or reasonably suspected by the user to violate any prohibition or exceed any limit established in this division, in a use permit, in a special agreement, in a CPS, or in any other applicable law or regulation. The user shall, if the exceedance was based on an analyzed sample, re-sample and analyze the discharge and submit the results to the City as soon as possible, but no later than 30 days after becoming aware of the discharge. Such oral notice shall be given in advance whenever possible and shall contain information regarding the volume, duration, constituents, cause, loading and concentrations, actions taken or to be taken to prevent future exceedances, and such other available information as may be necessary to determine what impact the discharge may have on the POTW. The user shall provide a written follow-up notice within five days of the oral notice that contains the same information provided orally and all other relevant information.
   (f)   Posting of use permit and notice of exceedance information. All non-domestic users and any user that uses or stores substances which potentially could be discharged to the POTW in concentrations which exceed any discharge prohibition in § 46-146 shall post a clearly legible set of instructions in the area where the user manages wastewater so that the report and notice requirements of this section are made known and are available to the user’s employees. Such users shall also post the user’s use permit along with these instructions if the user holds a use permit. Such users shall instruct their employees who have wastewater responsibilities on the reporting and notice requirements of this section.
   (g)   Slug discharges. The City Director may, by written notice to a user, require that the user prepare and implement a slug discharge control plan. If a user has a use permit, the slug discharge control plan requirement shall be included in it. Such plan shall be submitted to the City Director for approval as specified in the written notice. At least once every two years the City shall evaluate significant non-domestic users that do not have a slug discharge control plan to determine whether or not the City will require a plan from such significant non-domestic users. The plan shall contain at least the following:
      (1)   Description of discharge practices including non-routine batch discharges;
      (2)   A description of stored materials;
      (3)   Procedures for immediately notifying the City Director of slug discharges, including any discharge that would violate a prohibition under § 46-146 with procedures for follow-up written notification within five days; and
      (4)   Procedures to prevent adverse impacts from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.
   (h)   Notification regarding wastes which are otherwise hazardous.
      (1)   Any user that discharges to the POTW any substance which, if disposed of other than by discharge to the POTW, would be a hazardous waste under 40 C.F.R. Pt. 261 or under the rules promulgated under the Michigan Hazardous Waste Management Act, Part 111 of the Natural Resources and Environmental Protection Act (“Michigan Rules”) shall notify the City Director, the U.S. EPA Region V Waste Management Division Director, and the Chief of the Waste Management Division of the Michigan Department of Environmental Quality of such discharge. The notice shall be given 180 days after the discharge first occurs. The notice shall be in writing and shall include the name of the hazardous waste set forth in 40 C.F.R. Pt. 261 or the Michigan Rules, the hazardous waste number, and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notice shall also contain the following information to the extent the information is known and readily available to the user:
         a.   An identification of the hazardous constituents contained in the wastes;
         b.   An estimation of the mass and concentration of the constituents in the discharge during that calendar month; and
         c.   An estimation of the mass of constituents expected to be discharged during the following 12 months.
      (2)   Notification under this subsection must be submitted for each hazardous substance discharged, but is not required for pollutants already reported under self-monitoring by users under categorical pretreatment standards (CPS) reporting requirements. A user is exempt from notification under this subsection during a calendar month in which the user discharges no more than 15 kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 C.F.R. § 261.30(d) and § 261.33(e). Where a new regulation first defines a substance as a hazardous waste, notification under this subsection shall be given within 90 days of the effective date of such regulation. In any notice submitted under this subsection, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree the user has determined to be economically practical.
   (i)   Reports by the City Director regarding users affected by CPS. The City Director shall notify all users whom the City Director knows might be subject to CPS of that fact.
   (j)   Reports by users regarding CPS. Within 180 days after the effective date of a CPS or 180 days after the final administrative decision made upon a category determination submission under 40 C.F.R. § 403.6(a)(4), whichever is later, existing users subject to such CPS which currently discharge or are scheduled to discharge into the POTW shall submit reports to the City Director required by Michigan Rule R 323.2310, as amended. At least 90 days prior to commencement of discharge, new sources and non-domestic users that become subject to a CPS subsequent to the promulgation of an applicable CPS shall submit the reports to the City Director required by Michigan Rule R 323.2310, as amended, along with a description of the method of pretreatment the user intends to use. Within 90 days following the date for final compliance with applicable CPS or, in the case of a new source, following commencement of the discharge into the POTW, any user subject to CPS shall submit the reports to the City Director required by Michigan Rule R 323.2310, as amended. In addition, any user subject to CPS, after the compliance date of such CPS, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit the periodic reports to the City Director required by Michigan Rule R 323.2310, as amended.
   (k)   Radioactive materials notice. Users whose discharge contains or could contain radioactive materials shall notify the City Director of that fact as soon as possible after becoming aware of it.
   (l)   Reports by user of slug or problem discharges. A non-domestic user shall immediately notify the City after obtaining knowledge that such user has discharged or will discharge wastewater which could cause interference or pass-through in the POTW or which is a slug discharge. Such notice shall be oral and shall be followed by a written notice within five days. The written notice shall describe measures which the user will take to prevent such discharges.
   (m)   Reports by users not subject to CPS. Significant non-domestic users that are not subject to CPS shall submit a written report to the City by January 31 and July 31 of each year for the preceding six-month period or more frequently as may be required by the City in a use permit. If required to be submitted more frequently, the date by which the report is required to be submitted shall not be less than 28 days following the end of the reporting period stipulated in the use permit. The report shall contain a description of the nature and concentration of the pollutants in the discharge and the volume of the discharge based on sampling and analyses for pollutants performed at a frequency specified by the City. In cases where a user is required by a special arrangement with the City established under § 46-146(d) to implement best management practices, the user shall submit documentation to determine the compliance status of the user. Sampling and analytical techniques shall be those described in Michigan Rule R 323.2310(7). The City may elect to perform the sampling and analyses in lieu of the significant non-domestic user, at the sole cost of the significant non-domestic user. If the City collects all of the information for the reports, the significant non-domestic user shall not be required to prepare and submit the report under this subsection.
   (n)   Notice of changed discharge. A non- domestic user shall notify the City at least 180 days in advance of any anticipated substantial change in the volume of or in the type or amount of pollutants in its discharge to the POTW. The notice shall be in writing. For purposes of this notice, a substantial change in the discharge to the POTW includes, but is not limited to:
      (1)   The initial discharge of any unpolluted water, non-contact cooling water, storm water, surface water, or groundwater, including any groundwater purged for remedial action and groundwater that infiltrates into the POTW;
      (2)   An increase or decrease in volume of 20% or more;
      (3)   The discharge of pollutants not previously disclosed to the City;
      (4)   A change in the amount or type of listed or characteristic hazardous waste discharged for which the non-domestic user has submitted a notification to the City under subsection (h) of this section;
      (5)   An increase in the amount of any pollutants discharged which may result in a violation of § 46-146 or of any order or use permit applicable to the non-domestic user; or
      (6)   Any changes at the user’s facility affecting potential for a slug discharge.
   (o)   Signature and certification for reports.
      (1)   The person signing the reports, notices, questionnaires and registration in this section shall make the following certification in the report:
         “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”
      (2)   Before any person signing any report, notice, or registration may submit the same to the City, the user shall inform the City in writing and with particularity how the individual meets the criteria for persons who are eligible to do so under Michigan Rule R 323.2310(11).
   (p)   Maintenance of records. Any user subject to the discharge monitoring or reporting requirements in this division, including reports under Michigan Rule R 323.2310, as amended, shall maintain copies of all reports, information records and all other information pertaining to those reports and to discharge monitoring or best management practices. Such reports, records and information shall be retained by such user, and by the City if such documents have been submitted to the City, for at least three years. This period shall be extended during the course of any unresolved litigation regarding the user or the POTW pretreatment program or when requested by the City Director, the State Director or U.S. EPA. All users who have records regarding their generation, treatment, storage or disposal of hazardous waste or solid waste shall maintain the records for such period and make them available to the City for inspection and copying, subject to the provisions of § 46-152. The terms “hazardous waste” and “solid waste” shall have the same definition as provided in the Michigan Hazardous Waste Management Act, as amended, and rules promulgated thereunder.
(Ord. 3630, passed 12-13-2004; Ord. 3738, passed 11-19-2008)